Consequences of Violating Promises. Except as otherwise prohibited by law, I agree to pay the reasonable attorneys’ fees and any damages any Released Party may incur if any representation I made in this Agreement was false when made. I further agree that the Company would be irreparably harmed by any actual or threatened violation of Sections 4 and 5 that involves the disclosure of the existence, terms, or amount payable under this Agreement, or disclosure or use of confidential information or trade secrets, or solicitation of employees or customers, and that the Company shall have, in addition to any and all remedies of law, the right to an injunction, specific performance, or other equitable relief to prevent the violation of my obligations hereunder.
Consequences of Violating Promises. The parties agree to pay the reasonable attorneys’ fees and any damages that either party may incur as a result of the other party breaching a promise it made in this Agreement. I further agree that the Company would be irreparably harmed by any actual or threatened violation of any of the provisions of Section 3 of this Agreement, and that the Company will be entitled to an injunction prohibiting me from committing any such violation. I agree to repay all sums paid to me as described herein as a result of any breach by me of promises made in this Agreement.
Consequences of Violating Promises. I agree that the Company would be irreparably harmed by any actual or threatened violation of Section 3 that involves disclosure or use of confidential information, proprietary information, or trade secrets, and that the Company will be entitled to an injunction prohibiting me from committing any such violation.
Consequences of Violating Promises. I agree to pay the reasonable attorneys’ fees, costs, and expenses and any damages the Released Parties may incur as a result of my filing a lawsuit against any Released Party based on the claims released under this Agreement. However, this Paragraph 5.b does not apply to the assertion of claims under the ADEA.
Consequences of Violating Promises. In addition to any other remedies or relief that may be available, upon any breach of this Release (for this purpose, a breach will include proof that a representation was false when made), the breaching party agrees to pay the reasonable attorney fees and any damages the non-breaching party incurs as a result of such breach (such as by suing a released party over a released claim). Xxxxxxx further agrees that NorthWestern could be irreparably harmed by any actual or threatened violation of Sections Eight (8), Nine (9) and Ten (10) of this Release, and that NorthWestern will be entitled to injunctive and or declaratory relief prohibiting Xxxxxxx from committing any such violation.
Consequences of Violating Promises. In addition to any other remedies or relief that may be available, the non-prevailing party agrees to pay any attorneys’ fees (including in-house counsel costs) and damages the prevailing party may incur as a result of any misrepresentation made in this Agreement or breach thereof. Employee further agrees that the Company would be irreparably harmed by any actual or threatened violation of Section 3 that involves Agreement-related disclosures or disclosure or use of confidential information or trade secret information, and that the Company will be entitled to an injunction prohibiting Employee from committing any such violation. For purposes of this Agreement, the term “prevailing party” means that party whose position is substantially upheld in a final judgment rendered in such proceeding, or, if the final judgment is appealed, that party whose position is substantially upheld on appeal.
Consequences of Violating Promises. In addition to any other remedies or relief that may be available, upon any breach of this Agreement (for this purpose, a breach will include proof that a representation was false when made), the breaching party agrees to pay the reasonable attorneys’ fees and any damages the non-breaching party incurs as a result of such breach (such as by suing a Released Party over a released Claim). Each party further agrees that the minimum damages for each breach will be half of the attorney’s fees the non-breaching party incurs as a result of the breach, which is a reasonable estimate of the value of the time the non-breaching party is likely to have to spend seeking a remedy for the breach. Xxxxxxx further agrees that NWEC would be irreparably harmed by any actual or threatened violation of Section 8 of this Waiver and Release and that NWEC will be entitled to an injunction prohibiting Xxxxxxx from committing any such violation.
Consequences of Violating Promises. I agree that the Company would be irreparably harmed by any actual or threatened violation of Section 5 that involves disclosure or use of confidential information, proprietary information, trade secrets or the violation of any obligations to the Company or its affiliates in respect of non-solicitation, and that the Company will be entitled to an injunction prohibiting me from committing any such violation. In addition, I agree that, in the event of any actual or threatened violation of Section 5 or any confidentiality, or non-solicitation agreement with the Company or any of its subsidiaries (subject to any modification of such agreement pursuant to Section 5), then the Company shall (a) have no obligation to pay any amounts set forth in Section 2 or pursuant to the Second Release and (b) will be entitled to recover any amounts set forth in Section 2 or pursuant to the Second Release previously paid to me. The provisions of this Section 6 shall not apply with respect to any actual or threatened violation of any non-competition obligation to which I may be subject (as modified by Section 5(g)).
Consequences of Violating Promises. In addition to any other remedies or relief that may be available, I agree to immediately repay to the Company in full the Separation Payments and to pay any additional reasonable damages Released Parties may incur as a result of my breaching a promise I made in this General Release (such as by suing a Released Party over a released Claim) or if any representation I made in this General Release was knowingly false when made. I agree that the minimum damages for each breach will be the full amount of the Separation Payments, which is a reasonable estimate of the value of the time the Released Party is likely to have to spend seeking a remedy for the breach. I further agree that the Company would be irreparably harmed by any actual or threatened violation this General Release regarding General Release-related disclosures or disclosure or use of confidential information or trade secrets or solicitation of employees, customers, or suppliers, and that the Company will be entitled to an injunction prohibiting me from committing any such violation.
Consequences of Violating Promises. I agree that the Company would be irreparably harmed by any actual or threatened violation of Section 6 that involves disclosure or use of confidential information, proprietary information, trade secrets or the violation of any obligations to the Company or its Affiliates in respect of non-competition or non-solicitation, and that the Company will be entitled to an injunction prohibiting me from committing any such violation. In addition, I agree that, in the event of any actual or threatened violation of Section 6 or any confidentiality, non-solicitation or non-competition agreement with the Company or any of its Subsidiaries, then the Company shall (a) have no obligation to pay any amounts set forth in Appendix A and (b) will be entitled to recover any amounts set forth in Appendix A previously paid to me.
