Common use of Breach of Provisions by Employee Clause in Contracts

Breach of Provisions by Employee. The Employee and the Company enter into this Agreement with the understanding that all of the terms and provisions of this Agreement, including but not limited to Paragraphs 5 through 11 inclusive, are material and important terms of this Agreement, and that the amount of the Severance Payment made to the Employee has been based in part on the value to the Company of these provisions. In the event that the Employee breaches any of the provisions of Paragraphs 5 through 11, the Company, in addition to all remedies available to it at law and equity, shall be released from its obligation to make any further payments or installments of the Severance Payment. However, in such event, the Employee’s covenants and obligations in this Agreement shall remain in full force and effect. Further, the Employee agrees and acknowledges that any violation by him/her of Paragraphs 5 through 11 will result in irreparable damage to the Company and, therefore, the Company may obtain injunctive or other equitable relief for any breach or threatened breach of these Paragraphs, in addition to any other remedies available to the Company.

Appears in 2 contracts

Samples: Transition Agreement (Evergreen Energy Inc), Severance Agreement, Waiver and Release (Evergreen Energy Inc)

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Breach of Provisions by Employee. The Employee and the Company enter into this Agreement with the understanding that all of the terms and provisions of this Agreement, Severance Agreement, Waiver and Release including but not limited to Paragraphs 5 through 11 inclusive, are material and important terms of this Agreement, and that the amount of the Severance Payment made to the Employee has been based in part on the value to the Company of these provisions. In the event that the Employee breaches any of the provisions of Paragraphs 5 through 11, the Company, in addition to all remedies available to it at law and equity, shall be released from its obligation to make any further payments or installments of the Severance Payment. However, in such event, the Employee’s covenants and obligations in this Agreement shall remain in full force and effect. Further, the Employee agrees and acknowledges that any violation by him/her of Paragraphs 5 through 11 will result in irreparable damage to the Company and, therefore, the Company may obtain injunctive or other equitable relief for any breach or threatened breach of these Paragraphs, in addition to any other remedies available to the Company.

Appears in 1 contract

Samples: Severance Agreement, Waiver and Release (Evergreen Energy Inc)

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Breach of Provisions by Employee. The Employee and the Company enter into this Agreement with the understanding that all of the terms and provisions of this Agreement, including but not limited to Paragraphs 5 through 11 12 inclusive, are material and important terms of this Agreement, and that the amount of the Severance Payment made to the Employee has been based in part on the value to the Company of these provisions. In the event that the Employee breaches any of the provisions of Paragraphs 5 through 1112, the Company, in addition to all remedies available to it at law and equity, shall be released from its obligation to make any further payments or installments of the Severance Payment. However, in such event, the Employee’s covenants and obligations in this Agreement shall remain in full force and effect. Further, the Employee agrees and acknowledges that any violation by him/her of Paragraphs 5 through 11 12 will result in irreparable damage to the Company and, therefore, the Company may obtain injunctive or other equitable relief for any breach or threatened breach of these Paragraphs, in addition to any other remedies available to the Company.

Appears in 1 contract

Samples: Severance Agreement, Waiver and Release (Evergreen Energy Inc)

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