EMPLOYER'S REMEDIES. Employer and Employee hereby acknowledge and agree that the services rendered by Employee to Employer, the information disclosed to Employee during and by virtue of his employment, and Employee's commitments and obligations to Employer and its Affiliates herein are of a special, unique and extraordinary character, and that the breach of any provision of this Agreement by Employee will cause Employer irreparable injury and damage, and consequently the Employer shall be entitled to, in addition to all other remedies available to it, injunctive and equitable relief to prevent a breach of this Agreement, or any part of it, and to secure the enforcement of this Agreement.
EMPLOYER'S REMEDIES. Employee acknowledges that the violation of any of the terms of this Separation Agreement will cause irreparable harm to Employer and agrees that, in addition to any other relief afforded by law, Employer shall be entitled to an injunction against the violation of the Separation Agreement and Release. Both damages and an injunction shall be proper modes of relief and are not alternative remedies. If Employer commences any action in equity to specifically enforce any of its rights under this Separation Agreement, Employee waives and agrees not to assert the defense Employer has an adequate remedy at law. All payments under this Separation Agreement shall cease upon Employee’s violation of any of its terms. Employee shall indemnify Company for all costs, expenses, liabilities and damages, including reasonable attorney’s fees incurred in connection with any breach by Employee of the provisions of this Agreement and which Company may occur in enforcing any covenant in this Agreement. In the event of a breach by Employee of the terms of this Separation Agreement, Employee shall immediately reimburse Employer for all payments made under this Agreement and Employer shall be relieved of all other obligations under this Agreement; however, the Release executed by Employee shall remain in full force and effect.
EMPLOYER'S REMEDIES. Employee covenants and agrees that if he shall violate any of his covenants or agreements contained in this Item, then Employer shall, in addition to any other rights and remedies available to it at law or in equity, have the following rights and remedies against Employee:
EMPLOYER'S REMEDIES. The Executive acknowledges that the injury that would be suffered by the Employer as a result of a breach of the provisions of this Agreement (including any provision of Sections 7 and 8 of this Agreement) would be irreparable and substantial and that an award of monetary damages to the Employer for such a breach would be difficult, if not impossible, to ascertain and would in any event be an inadequate remedy. Consequently, the Employer shall have the right, in addition to any other rights and remedies it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise specifically to enforce any provision of this Agreement, and the Executive hereby waives any and all defenses he may have on the grounds of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief. Without limiting the Employer's rights under this Agreement, or any other remedies of the Employer, if the Executive breaches any of the provisions of Sections 7 or 8 of this Agreement, the Employer will have the right to cease making any payments otherwise due to the Executive under this Agreement, except earned and accrued, but unpaid, Base Salary, and the Executive shall reimburse the Employer for reasonable costs incurred by the Employer.
EMPLOYER'S REMEDIES. (a) Employee acknowledges that:
EMPLOYER'S REMEDIES. Employee acknowledges that the violation of any of the material terms of this Agreement may cause irreparable harm to Employer and agrees that, in addition to any other relief afforded by law, Employer shall be entitled to seek an injunction against the violation of this Agreement to the extent allowed by law. Both damages and an injunction may be proper modes of relief and are not alternative remedies.
EMPLOYER'S REMEDIES. Employee acknowledges that the violation of any of the material terms of this Separation Agreement will cause irreparable harm to Employer and agrees that, in addition to any other relief afforded by law, Employer shall be entitled to seek an injunction against the violation of the Separation Agreement. Both damages and an injunction shall be proper modes of relief and are not alternative remedies. If Employer commences any action in equity to specifically enforce any of its rights under this Separation Agreement, Employee waives and agrees not to assert the defense Employer has an adequate remedy at law. All payments under this Separation Agreement shall cease upon Employee’s violation of any of its terms. Employee shall indemnify Company for all costs, expenses, liabilities and damages, including reasonable attorney’s fees incurred in connection with any breach by Employee of the provisions of this Agreement and which Company may incur in the successful enforcement of any covenant in this Agreement. Employee stipulates and agrees that during his period of employment with Employer, he has obtained knowledge of Employer’s trade secrets, valuable confidential business information, substantial relationships with prospective and existing customers and received extraordinary and special training. Employee stipulates and agrees that this Separation Agreement is reasonably necessary to protect the legitimate business interests of Employer and is not overbroad nor overlong in duration.
EMPLOYER'S REMEDIES. The Participant acknowledges that the injury that would be suffered by the Company as a result of a breach by the Participant of Section 3 of this Agreement would be irreparable and substantial and that an award of monetary damages to the Company for such a breach would be difficult, if not impossible, to ascertain and would in any event be an inadequate remedy. Consequently, the Company shall have the right, in addition to any other rights and remedies it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise specifically to enforce any provision of this Agreement, and the Participant hereby waives any and all defenses he may have on the grounds of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief. The Company will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's rights under this Agreement, or any other remedies of the Company, if the Participant breaches any of the provisions of Section 3 of this Agreement, the Company will have the right to cease making any payments otherwise due to the Participant under this Agreement, and the Participant shall reimburse the Company for reasonable attorneys' fees and costs incurred by the Company.
EMPLOYER'S REMEDIES. It is recognized that damages in the event of a breach or threatened breach of this Section 7 by the Executive would be difficult, if not impossible, to ascertain or determine, and it is therefore agreed that the Employer, in addition to and without limiting any other remedies or rights it may have, shall have the right to an injunction or other equitable relief in a court of competent jurisdiction enjoining any such breach or threatened beach, and the Executive hereby waives any and all defenses he may have on the grounds of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief. In the event that the Executive breaches or threatens to breach his obligations under this Section 7 and the Employer institutes legal action to enforce the Executive's obligations under this Section 7, the Executive shall reimburse the Employer for reasonable attorneys' fees and costs incurred by the Employer.
EMPLOYER'S REMEDIES. Employee acknowledges that the violation of any of the terms of this Separation Agreement will cause irreparable harm to Employer and agrees that, in addition to any other relief afforded by law, Employer shall be entitled to an injunction against the violation of the Separation Agreement and Release. Both damages and an injunction shall be proper modes of relief and are not alternative remedies.
