Common use of Company’s Remedies Clause in Contracts

Company’s Remedies. The parties agree that the services to be rendered by Employee are special and unique in nature, as well as international in scope and responsibility. Employee hereby acknowledges and agrees that: (i) any breach or violation of this Agreement would result in irreparable injury to the Company; and (ii) the enforcement of a remedy by way of injunction would not prevent Employee from earning a living. Employee further acknowledges and agrees that Employee’s breach of any of the Restrictions will not be adequately compensated by monetary damages alone and that, in the event of a breach, CIT shall be entitled to: (i) preliminary and permanent injunctive relief in addition to any other legal or equitable remedies available to CIT; (ii) an equitable accounting of all profits or benefits arising out of such violation or breach; and (iii) direct, incidental, and consequential damages to CIT arising from the violation or breach. These rights and remedies shall be cumulative and in addition to any and all other rights and remedies to which CIT may be entitled. If Employee is found to have breached this Agreement or CIT is successful in obtaining a court order prohibiting Employee from violating this Agreement, CIT will be entitled to collect from Employee its damages and reasonable attorneys’ fees incurred by CIT in seeking to enforce this Agreement.

Company’s Remedies. The parties agree that the services to be rendered by Employee are special and unique in nature, as well as international in scope and responsibility. Employee hereby acknowledges and agrees that: (i) any breach or violation of this Agreement would result in irreparable injury to the CompanyFCB; and (ii) the enforcement of a remedy by way of injunction would not prevent Employee from earning a living. Employee further acknowledges and agrees that Employee’s breach of any of the Restrictions will not be adequately compensated by monetary damages alone and that, in the event of a breach, CIT FCB shall be entitled to: (i) preliminary and permanent injunctive relief in addition to any other legal or equitable remedies available to CITFCB; (ii) an equitable accounting of all profits or benefits arising out of such violation or breach; and (iii) direct, incidental, and consequential damages to CIT FCB arising from the violation or breach. These rights and remedies shall be cumulative and in addition to any and all other rights and remedies to which CIT FCB may be entitled. If Employee is found to have breached this Agreement or CIT FCB is successful in obtaining a court order prohibiting Employee from violating this Agreement, CIT FCB will be entitled to collect from Employee its damages and reasonable attorneys’ fees incurred by CIT FCB in seeking to enforce this Agreement.