Employer Remedies. Employee acknowledges and agrees that the restrictions and agreements contained in this Agreement are reasonable and necessary to protect legitimate interests of Employer, that the services to be rendered by Employee are of a special, unique and extraordinary character, that it would be difficult to replace such services, that any violation of this Agreement would be highly injurious to Employer, Employee’s violation of any provision of this Agreement would cause Employer irreparable harm that would not be adequately compensated by monetary damages, and that the remedy at law for any breach of this Agreement will be inadequate. Accordingly, Employee specifically agrees that Employer shall be entitled, in addition to any remedy at law, to preliminary and permanent injunctive relief and specific performance for any actual or threatened violation of this Agreement and to enforce the provisions of this Agreement. Should a breach of the agreement occur, Employer will be entitled to recover costs, including attorney’s fees, incurred in enforcing the terms of the Agreement for each breach. If a Court finds any part of the Agreement to be invalid, the remainder of the provisions shall remain in full force and effect to the extent possible.
Employer Remedies. In the event that a strike, slowdown or stoppage in violation of the foregoing provisions of this Article shall occur, the Employer shall notify the Union of such activity and in the event the Union fails to make a good faith effort to end the strike, slowdown, or work stoppage, the Employer shall have the option of rescinding this Agreement after such breach has continued more than three (3) days. The option of rescinding the Agreement shall not be available should the strike, slowdown or work stoppage end before such option is exercised, or if the Union makes a good faith effort to end the strike. Exercise of, or failure to exercise, the option to rescind this Agreement shall not affect the right of the Employer to bring an action for damages against the Union in the event the Union fails to make a good faith effort to end the strike, slowdown or work stoppage, or to bring an action for damages against the employees in any event, nor shall it affect the Employer’s right to discipline, as provided herein, any or all employees taking part in a strike, stoppage or slowdown. The failure of the Employer to exercise the privilege hereinabove granted to rescind this Agreement shall not constitute a waiver on the Employer’s part of the Employer’s rights to exercise such option should a subsequent strike or stoppage or slowdown occur. For purposes of this Article, the Union shall be deemed to have acted in good faith provided the Union immediately notifies in writing, any and all officers, representatives, and bargaining unit members engaged in such activity to cease and desist, and the Union shall, in writing to the Executive Director/CEO of C-XXXX, declare that such activity is in violation of this Agreement and is unauthorized.
Employer Remedies. Employee acknowledges and agrees that the restrictions and agreements contained in this Agreement are reasonable and necessary to protect the legitimate interests of the Employer, that the services to be rendered by Employee as an employee of the Employer are of a special, unique and extraordinary character, that it would be difficult to replace such services and that any violation of Section 14 of this Agreement would be highly injurious to the Employer, that Employee’s violation of any provision of Section 14 of this Agreement would cause the Employer irreparable harm that would not be adequately compensated by monetary damages and that the remedy at law for any breach of any of the provisions of Section 14 will be inadequate. Employee further acknowledges that Employee has requested, or has had the opportunity to request, that legal counsel review this Agreement, and having exhausted such right, agrees to the terms herein without reservation. Accordingly, Employee specifically agrees that the Employer shall be entitled, in addition to any remedy at law or in equity, to preliminary and permanent injunctive relief and specific performance for any actual or threatened violation of this Agreement and to enforce the provisions of Section 14 of this Agreement, and that such relief may be granted without the necessity of proving actual damages and without the necessity of posting any bond. This provision with respect to injunctive relief shall not, however, diminish the right to claim and recover damages, or to seek and obtain any other relief available to it at law or in equity, in addition to injunctive relief.
