Common use of Enforcement Clause in Contracts

Enforcement. If, at the time of enforcement of Section 7 or this Section 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 26 contracts

Samples: Amended and Restated Senior Management Agreement (Syniverse Holdings Inc), Amended and Restated Senior Management Agreement (Syniverse Holdings Inc), Amended and Restated Senior Management Agreement (Syniverse Holdings Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 14, a court holds that any of the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area deemed reasonable under such circumstances shall will be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions as contained herein to cover the maximum duration, scope and area permitted by law in this Section 14. Because Executive’s services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of the Grantee’s obligations under this Agreement . Therefore , in the event a the Grantee breaches or threatens to breach or threatened breach of this Agreement Section 14, the Company, Employer, their respective Subsidiaries or Affiliates or their any successors or assigns assigns, may, in addition to other rights and remedies existing in their its favor, apply to any court of competent jurisdiction for specific performance and/or performance, or injunctive or other equitable relief in order to enforce, enforce or prevent any violations of, the provisions hereof (without posting a bond or other security) of this Section 14.

Appears in 15 contracts

Samples: Restricted Stock Award Agreement (Hudson Global, Inc.), Restricted Stock Award Agreement (Hudson Global, Inc.), Restricted Stock Award Agreement (Hudson Highland Group Inc)

Enforcement. If, at Because the time of enforcement of Section 7 or this Section 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because the Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement Section 8. Therefore, in the event of a breach or threatened breach of this Agreement Section 8, the Company, Employer, their Company or its respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor favor at law or in equity, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security ) ) or require the Executive to account for and pay over to the Company all compensation, profits, moneys, accruals or other benefits derived from or received as a result of any transactions constituting a breach of the covenants contained herein, if and when final judgment of a court of competent jurisdiction is so entered against the Executive.

Appears in 12 contracts

Samples: Employment Agreement (Washington Prime Group Inc.), Employment Agreement (Washington Prime Group Inc.), Employment Agreement (Washington Prime Group Inc.)

Enforcement. If, at the time of enforcement of Section 7 2 or 3 of ----------- this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of Section 2 or Section 3 of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their any of its successors or assigns may shall, in addition to other rights and remedies existing in their its favor, apply be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond of Section 2 or other security) Section 3 from any court of competent jurisdiction.

Appears in 11 contracts

Samples: Senior Management Agreement (Onemain Com Inc), Senior Management Agreement (Onemain Com Inc), Senior Management Agreement (Onemain Com Inc)

Enforcement. If, at the time of enforcement of Section paragraph 5, 6, 7 or 8 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by Executive of paragraph 7, the Noncompete Period shall be tolled until such breach or violation has been duly cured. Executive agrees that the restrictions contained in paragraph 7 are reasonable.

Appears in 11 contracts

Samples: Employment Agreement (1 800 Contacts Inc), Employment Agreement (1 800 Contacts Inc), Confidentiality Agreement (1 800 Contacts Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8, a court of competent jurisdiction holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because the Executive’s services are unique and because the Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement Section 8. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) hereof.

Appears in 11 contracts

Samples: Employment Agreement (Howard Hughes Corp), Employment Agreement (Howard Hughes Corp), Employment Agreement (Howard Hughes Corp)

Enforcement. If, at the time of enforcement of Section 7 SECTION 9 or this Section 8 SECTION 10, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 10 contracts

Samples: Senior Management Agreement (Prestige Brands International, Inc.), Senior Management Agreement (Prestige Brands International, Inc.), Senior Management Agreement (Prestige Brands Holdings, Inc.)

Enforcement. If, at the time of enforcement of Section SECTION 7 or this Section SECTION 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Tsi Finance Inc), Limited Liability Company Agreement (Tsi Finance Inc), Limited Liability Company Agreement (Tsi Finance Inc)

Enforcement. If, at the time of enforcement of Section 7 5 or this Section 8 6, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective its Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 9 contracts

Samples: Employment Agreement (Rapid Roaming Co), Employment Agreement (Rapid Roaming Co), Employment Agreement (Syniverse Holdings Inc)

Enforcement. If, at the time of enforcement of Section 7 or 8 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of Section 7 or Section 8 of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their any of its successors or assigns may shall, in addition to other rights and remedies existing in their its favor, apply be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond of Section 7 or other security) Section 8 from any court of competent jurisdiction.

Appears in 9 contracts

Samples: Senior Management Agreement (Appnet Systems Inc), Senior Management Agreement (Appnet Systems Inc), Senior Management Agreement (Appnet Systems Inc)

Enforcement. If, at the time of enforcement of Section 7 paragraph 1, 2 or 3 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive ’s 's services have been and/or are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by Executive of paragraph 3 of this Agreement, the Noncompete Period shall be tolled until such breach or violation has been duly cured. Executive agrees that the restrictions contained in paragraph 3 of this Agreement are reasonable.

Appears in 9 contracts

Samples: Confidentiality Agreement (MST Enterprises Inc), Confidentiality Agreement (MST Enterprises Inc), Confidentiality Agreement (MST Enterprises Inc)

Enforcement. If, at the time of enforcement of Section 7 paragraphs 7, 8 or this Section 8 9 hereof, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement paragraphs 7, 8 or 9 hereof. Therefore, in the event of a breach or threatened breach of this Agreement paragraphs 7, 8 or 9 hereof, the Company, Employer, their respective Subsidiaries Company or Affiliates or their successors its successor or assigns may, in addition to all other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by Executive of paragraph 9 hereof, the Noncompete Period shall be tolled until such breach or violation has been duly cured. Executive agrees that the restrictions contained in paragraph 9 hereof are reasonable.

Appears in 9 contracts

Samples: Employment Agreement (1 800 Contacts Inc), Employment Agreement (1 800 Contacts Inc), Employment Agreement (1 800 Contacts Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 10, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall will be substituted for the stated period, scope or area and that the court shall will be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. If the provisions of this Section 10 will be deemed illegal by any jurisdiction, the provisions in this Section 10 will be deemed ineffective within such jurisdiction. Because the Executive’s services are unique and because the Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of any provision of this Agreement. Therefore, in the event of a breach or threatened breach by the Executive of any provision of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns Company may, in addition to other rights and remedies existing in their its favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 9 contracts

Samples: Employment Agreement (Conexant Systems Inc), Employment Agreement (Conexant Systems Inc), Employment Agreement (Conexant Systems Inc)

Enforcement. If, at the time of enforcement of Section 7 2 or this Section 8 3, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective its Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 8 contracts

Samples: Executive Employment Agreement (Prestige Brands Holdings, Inc.), Executive Employment Agreement (Prestige Brands Holdings, Inc.), Executive Employment Agreement (Prestige Brands Holdings, Inc.)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 4.5(a), a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s Optionee agrees that because his or her services are unique and because Executive Optionee has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement Article IV. Therefore Optionee agrees that the Company, its Subsidiaries and Affiliates, in the event of a breach or threatened breach of this Agreement Article IV, the Company, Employer, their respective Subsidiaries may seek injunctive or Affiliates or their successors or assigns may, other equitable relief in addition to any other rights and remedies existing remedy available to them in their favor, apply to any a court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof ( without posting a bond or other security ) .

Appears in 8 contracts

Samples: Stock Option Agreement (BJ's Wholesale Club Holdings, Inc.), Stock Option Agreement (BJ's Wholesale Club Holdings, Inc.), Stock Option Agreement (BJ's Wholesale Club Holdings, Inc.)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) hereof.

Appears in 7 contracts

Samples: Plan and Agreement of Merger (BRG Acquisition Corp), Plan and Agreement of Merger (BRG Acquisition Corp), Plan and Agreement of Merger (Peth Jack W)

Enforcement. If, at Because the time of enforcement of Section 7 or this Section 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because the Executive has access to confidential information information concerning the Company, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns Company may, in addition to other rights and remedies existing in their its favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 7 contracts

Samples: Employment Agreement (Isolagen Inc), Employment Agreement (InovaChem, Inc.), Employment Agreement (Isolagen Inc)

Enforcement. If, If at the time of enforcement of Section Sections 5, 6, or 7 or of this Section 8, Agreement a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope scope, or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by Executive of Section 7(a) or 7(b), the Noncompete Period will be tolled during the pendency of any proceeding (including any arbitration) over such breach or violation, provided that such proceeding was initiated during the Noncompete Period. Executive agrees that the restrictions contained in Sections 5, 6, and 7 are reasonable.

Appears in 7 contracts

Samples: Employment Agreement (Cellectar Biosciences, Inc.), Employment Agreement (Cellectar Biosciences, Inc.), Employment Agreement (Cellectar Biosciences, Inc.)

Enforcement. If, at the time of enforcement of Section 7 or this ----------- Section 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 7 contracts

Samples: Senior Management Agreement (Zefer Corp), Purchase Agreement (Zefer Corp), Promissory Note (Zefer Corp)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 7 contracts

Samples: Amended and Restated Senior Management Agreement (TNS Inc), Amended and Restated Senior Management Agreement (TNS Inc), Amended and Restated Senior Management Agreement (TNS Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 14, a court holds that any of the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area deemed reasonable under such circumstances shall will be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions as contained herein to cover the maximum duration, scope and area permitted by law in this Section 14. Because Executive’s services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of the Optionee’s obligations under this Agreement . Therefore , in the event a the Optionee breaches or threatens to breach or threatened breach of this Agreement Section 14, the Company, Employer, their respective Subsidiaries or Affiliates or their any successors or assigns assigns, may, in addition to other rights and remedies existing in their its favor, apply to any court of competent jurisdiction for specific performance and/or performance, or injunctive or other equitable relief in order to enforce, enforce or prevent any violations of, the provisions hereof (without posting a bond or other security) of this Section 14.

Appears in 7 contracts

Samples: Stock Option Agreement (Hudson Highland Group Inc), Stock Option Agreement (Hudson Highland Group Inc), Stock Option Agreement (Hudson Highland Group Inc)

Enforcement. Employee acknowledges that the services to be rendered under the provisions of this Agreement are of a unique nature and that it would be difficult or impossible to replace such services. If, at the time of enforcement of Section 7 Sections 8, 9 or this Section 8 10, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive Employee’s services are unique and because Executive Employee has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of a breach or violation by Employee of Sections 8, 9 or 10, the time periods referenced in Sections 8, 9 or 10 shall be automatically extended by the amount of time between the initial occurrence of the breach or violation and when such breach or violation has been duly cured.

Appears in 6 contracts

Samples: Employment Agreement (Horsehead Holding Corp), Employment Agreement (Horsehead Holding Corp), Employment Agreement (Horsehead Holding Corp)

Enforcement. If, at the time of enforcement of Section 7 SECTION 8 or this Section 8 SECTION 9, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 6 contracts

Samples: Amended and Restated Senior Management Agreement (Prestige Brands Holdings, Inc.), Amended and Restated Senior Management Agreement (Prestige Brands Holdings, Inc.), Amended and Restated Senior Management Agreement (Prestige Brands Holdings, Inc.)

Enforcement. If, at the time of enforcement of Section 7 4 or 5 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 6 contracts

Samples: Employment Agreement (U S Aggregates Inc), Amended and Restated Employment Agreement (U S Aggregates Inc), Employment Agreement (U S Aggregates Inc)

Enforcement. If, at the time of enforcement of Section 7 6 hereof or this Section 8 7, a court or other body of legal authority holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to may revise the such restrictions contained herein to cover the maximum duration, scope and area permitted by law law and reasonable under such circumstances. Because the Executive’s services are unique and because the Executive has access to confidential information Confidential Information, the parties hereto agree that the Employers and their subsidiaries and affiliates would be irreparably harmed by, and money damages would be an inadequate remedy for for, any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, Employers and their subsidiaries and affiliates and/or their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 6 contracts

Samples: Employment Agreement (Liberty Tax, Inc.), Employment Agreement (Liberty Tax, Inc.), Employment Agreement (Liberty Tax, Inc.)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 6 contracts

Samples: Senior Management Agreement (Pathology Solutions, LLC), Amended and Restated Senior Management Agreement (Maxum Petroleum Holdings, Inc.), Senior Management Agreement (Solera Holdings LLC)

Enforcement. If, at the time of enforcement of Section 7 or this 7, Section 8, or Section 9, a court holds shall hold that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration period, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that the Company and its Subsidiaries would suffer irreparable harm from a breach of Section 7, Section 8, or Section 9 by Executive and that money damages would not be an inadequate adequate remedy for any such breach of this Agreement. Therefore, in In the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Company and its Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply shall be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other equitable relief from a court of competent jurisdiction in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of a breach or violation by Executive of Section 9, the Noncompete Period shall be extended automatically by the amount of time between the initial occurrence of the breach or violation and when such breach or violation has been duly cured. Executive acknowledges that the restrictions contained in Section 9 are reasonable and that Executive has reviewed the provisions of this Agreement with Executive’s legal counsel.

Appears in 6 contracts

Samples: Employment Agreement (Metaldyne Performance Group Inc.), Employment Agreement (Metaldyne Performance Group Inc.), Employment Agreement (Metaldyne Performance Group Inc.)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8, any of Sections 11 through 14 a court holds shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period duration, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration period, scope and area permitted by law. Because the Executive ’s 's services are unique and because Executive he has access to confidential information Confidential Information and Work Product, the parties hereto acknowledge and agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, enforce or prevent any violations of, of the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by the Executive of any of Sections 11 through 14, the Noncompete Period and the Nonsolicit Period shall be tolled until such breach or violation has been duly cured. The Executive agrees that the restrictions contained in Sections 11 through 14 are reasonable.

Appears in 6 contracts

Samples: Executive Employment Agreement (Si International Inc), Executive Employment Agreement (Si International Inc), Executive Employment Agreement (Si International Inc)

Enforcement. If, at Because the time of enforcement of Section 7 or this Section 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because the Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition to the foregoing, and not in any way in limitation thereof, or in limitation of any right or remedy otherwise available to the Company, if the Executive violates any provision of the foregoing Sections 6, 7, 8 or 9, any payments then or thereafter due from the Company to the Executive pursuant to Section 5(a)(iv) shall be terminated forthwith and the Company's obligation to pay and the Executive's right to receive such payments shall terminate and be of no further force or effect, in each case without limiting or affecting the Executive's obligations under such Sections 6, 7, 8 and 9 or the Company's other rights and remedies available at law or equity.

Appears in 5 contracts

Samples: Greenfield Online Inc, Greenfield Online Inc, Greenfield Online Inc

Enforcement. If, at the time of enforcement of Section 7 10 or 11 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 5 contracts

Samples: Amended and Restated Senior Management Agreement (American Medserve Corp), Amended and Restated Stockholders Agreement (American Medserve Corp), Amended and Restated Senior Management Agreement (American Medserve Corp)

Enforcement. If, at the time of enforcement of Section 7 2 or 3 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 5 contracts

Samples: Employment Agreement (Trinity Co Inc), Employment Agreement (Trinity Cos Inc), Agreement (Trinity Learning Corp)

Enforcement. If, at the time of enforcement of Section 7 3 or 4 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of Section 3 or Section 4 of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their any of its successors or assigns may shall, in addition to other rights and remedies existing in their its favor, apply be entitled to any court of competent jurisdiction for pursue specific performance and/or injunctive or other relief in order to enforce, or prevent any violations, or threatened violations of, the provisions hereof (without posting a bond of Section 3 or other security) Section 4 from any court of competent jurisdiction. In the event that the Company shall enforce any part of this Agreement through legal proceedings and the Executive shall have been in default hereof, the Executive agrees to pay the Company any costs and attorneys’ fees reasonably incurred in connection therewith.

Appears in 5 contracts

Samples: Senior Management Agreement (Idleaire Technologies Corp), Senior Management Agreement (Idleaire Technologies Corp), Senior Management Agreement (Idleaire Technologies Corp)

Enforcement. If, at the time of enforcement of Section 7 5 or this Section 8 6, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer Parent, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 5 contracts

Samples: Employment Agreement (Syniverse Technologies Inc), Employment Agreement (Syniverse Technologies Inc), Employment Agreement (Syniverse Holdings Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 5 contracts

Samples: Senior Management Agreement (NPMC Holdings, LLC), Senior Management Agreement (NPMC Holdings, LLC), Senior Management Agreement (NPMC Holdings, LLC)

Enforcement. If, at the time of enforcement of Section Sections 5, 6 or 7 or of this Section 8 Agreement, a court holds shall hold that the duration, scope, or area restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed and directed to revise the restrictions contained herein to cover the maximum duration period, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by Executive of Section 7, the Period set forth in such Section shall be tolled until such breach or violation has been duly cured. Executive agrees that the restrictions contained in Section 7 are reasonable and that Executive has received consideration in exchange therefor.

Appears in 5 contracts

Samples: Executive Employment Agreement (Aavid Thermal Technologies Inc), Executive Employment Agreement (Aavid Thermal Technologies Inc), Executive Employment Agreement (Aavid Thermal Technologies Inc)

Enforcement. If, at the time of enforcement of Section Sections 5, 6, 7 or 8 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive’s services are unique and because Executive has access to confidential information, the The parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement Agreement because the services provided by Employee pursuant to this Agreement are unique and because Employee has access to Confidential Information and Work Product. Therefore As such, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of an actual breach or violation by Employee of Sections 7 or 8, the Non-Compete Period and the Non-Solicitation Period shall be tolled until such breach or violation has been duly cured. Employee hereby acknowledges and agrees that the restrictions contained in Sections 7 or 8 are reasonable.

Appears in 5 contracts

Samples: Employment Agreement (Research Pharmaceutical Services, Inc.), Employment Agreement (Research Pharmaceutical Services, Inc.), Service Agreement (Research Pharmaceutical Services, Inc.)

Enforcement. If, at the time of enforcement of Section Sections 6, 7 or 8 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by Executive of Section 8, the Noncompete Period shall be tolled until such breach or violation has been duly cured. Executive agrees that the restrictions contained in Section 8 are reasonable.

Appears in 5 contracts

Samples: Executive Stock Agreement (MWI Veterinary Supply, Inc.), Executive Stock Agreement (MWI Veterinary Supply, Inc.), Executive Stock Agreement (MWI Veterinary Supply, Inc.)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 any provision hereof by the Company, a court holds of competent jurisdiction shall hold that the restrictions stated herein therein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period duration, scope or area and that the court shall be allowed and directed to revise the restrictions contained herein therein to cover the maximum duration period, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a of the breach or a threatened breach by Executive of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition and supplementary to other rights and remedies existing in their its favor, apply shall be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other equitable relief from any court in order to enforce, enforce or prevent any violations of, of the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by Executive, the Non-compete Period shall be tolled until such breach or violation has been duly cured. Executive acknowledges that the restrictions contained herein are reasonable and that he has reviewed the provisions of this Agreement with his legal counsel.

Appears in 5 contracts

Samples: General Release of All Claims (Fuelnation Inc), General Release of All Claims (Fuelnation Inc), General Release of All Claims (Fuelnation Inc)

Enforcement. If, at the time of enforcement of Section paragraph 5, 6 or 7 or of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration period, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that the Company and its Subsidiaries would suffer irreparable harm from a breach of paragraph 5, 6 or 7 by Executive and that money damages would not be an inadequate adequate remedy for any such breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may assigns, in addition to other rights and remedies existing in their favor, apply shall be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other equitable relief from a court of competent jurisdiction in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of a breach or violation by Executive of paragraph 7, the Noncompete Period shall be automatically extended by the amount of time between the initial occurrence of the breach or violation and when such breach or violation has been duly cured. Executive acknowledges that the restrictions contained in paragraph 7 are reasonable and that he has reviewed the provisions of this Agreement with his legal counsel.

Appears in 5 contracts

Samples: Amended and Restated Employment Agreement (HealthSpring, Inc.), Amended and Restated Employment Agreement (HealthSpring, Inc.), Non Competition Agreement (HealthSpring, Inc.)

Enforcement. If, at the time of enforcement of Section paragraph 5, 6, or 7 or of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration period, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that Holdings, the Company and its Subsidiaries would suffer irreparable harm from a breach of paragraph 5, 6 or 7 by Executive and that money damages would not be an inadequate adequate remedy for any such breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may assigns, in addition to other rights and remedies existing in their favor, apply shall be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other equitable relief from a court of competent jurisdiction in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of a breach or violation by Executive of paragraph 7, the Noncompete Period shall be automatically extended by the amount of time between the initial occurrence of the breach or violation and when such breach or violation has been duly cured. Executive acknowledges that the restrictions contained in paragraph 7 are reasonable and that he has reviewed the provisions of this Agreement with his legal counsel.

Appears in 5 contracts

Samples: Purchase and Exchange Agreement (HealthSpring, Inc.), Incentive Compensation Plan (HealthSpring, Inc.), Purchase and Exchange Agreement (HealthSpring, Inc.)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 10, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. If the provisions of this Section 10 shall be deemed illegal by any jurisdiction, the provisions in this Section 10 shall be deemed ineffective within such jurisdiction. Because the Executive ’s 's services are unique and because the Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of any provision of this Agreement. Therefore, in the event of a breach or threatened breach by the Executive of any provision of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns Company may, in addition to other rights and remedies existing in their its favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 5 contracts

Samples: Agreement and Plan of Reorganization (Conexant Systems Inc), Agreement and Plan of Reorganization (Conexant Systems Inc), Constitutes the Entire Agreement (Globespanvirata Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 7, a court or other body of legal authority holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope scope, or geographical area reasonable under such circumstances shall be substituted for the stated period, scope scope, or area and that the court shall be allowed to may revise the such restrictions contained herein to cover the maximum duration, scope scope, and area permitted by law law and reasonable under such circumstances. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that the Company would be irreparably harmed by, and money damages would be an inadequate remedy for for, any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their Company and/or its respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 5 contracts

Samples: Executive Employment and Severance Agreement (Franchise Group, Inc.), Executive Employment and Severance Agreement (Franchise Group, Inc.), Executive Employment and Severance Agreement (Franchise Group, Inc.)

Enforcement. This Section 6 and Section 7 shall survive the termination of this Agreement for any reason. If, at the time of enforcement of Section 7 or this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information (as defined below) (including, without limitation, trade secrets) of the Company, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, (a) terminate further severance payments and benefits payable pursuant to this Agreement and (b) apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . During the Restricted Period, Executive shall be required to provide a copy of the Restrictive Covenants contained in this Section 6 and Section 7 to any potential employer prior to accepting employment with such employer.

Appears in 5 contracts

Samples: Employment Agreement (Sirva Inc), Employment Agreement (Sirva Inc), Employment Agreement (Sirva Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique special, unique, and extraordinary and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their any of its successors or assigns may, in addition to other rights and remedies existing in their favor favor at law or in equity, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 4 contracts

Samples: Executive Employment Agreement (Alfi, Inc.), Executive Employment Agreement (Alfi, Inc.), Executive Employment Agreement (Alfi, Inc.)

Enforcement. If, at Because the time of enforcement of Section 7 or this Section 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive Participant’s services are unique and because Executive the Participant has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement Section 8. Therefore, in the event of a breach or threatened breach of this Agreement Section 8, the Company, Employer, their Company or its respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor favor at law, in equity or pursuant to this Agreement, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security ) ) or require the Participant to account for and pay over to the Company all compensation, profits, moneys, accruals or other benefits derived from or received as a result of any transactions constituting a breach of the covenants contained herein, if and when final judgment of a court of competent jurisdiction is so entered against the Participant.

Appears in 4 contracts

Samples: Series 2015a Ltip Unit Award (Washington Prime Group, L.P.), Series 2014b Ltip Unit Award (Washington Prime Group Inc.), Series 2015a Ltip Unit Award (Washington Prime Group Inc.)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8, If a court holds finds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s The Executive understands and agrees that his services are unique and because Executive unique, that he has access to trade secrets, valuable confidential and professional information, and that he has or will have substantial relationships with prospective and existing customers, and thus the Company has legitimate business interests which justify the restrictions set forth in this Section 10. The parties hereto agree that money damages would be an inadequate remedy for any breach of any provision of this Agreement. Therefore, in the event of a breach or threatened breach by the Executive of any provision of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns Company may, in addition to other rights and remedies existing in their its favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . Executive agrees and understands that the existence of any claim or cause of action that he may have against the Company, whether predicated on this Agreement or otherwise, shall not constitute a valid defense to the enforcement of the restrictive covenants contained in Paragraphs 7 and 10 of this Agreement. Furthermore Executive understands that the rights and remedies provided for in this Agreement are cumulative and will be in addition to any rights and remedies otherwise available to the Company under applicable law.

Appears in 4 contracts

Samples: Confidentiality Agreements (Yupi Internet Inc), Confidentiality Agreements (Yupi Internet Inc), Confidentiality Agreements (Yupi Internet Inc)

Enforcement. If, If at the time of enforcement of Section 7 any of Sections 8, 9, or this Section 8 10, a court holds of competent jurisdiction or an arbitrator shall hold that the duration, scope, or area restrictions stated herein therein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope scope, or geographical area reasonable under such circumstances shall be substituted for the stated period duration, scope scope, or area and that the court or arbitrator shall be allowed to revise the restrictions contained herein to cover the maximum duration period, scope scope, and area permitted by law. Because Executive’s services The Executive expressly acknowledges and agrees that the restrictions contained herein are unique reasonable in terms of duration, scope, and because area restrictions and are necessary to protect the Confidential Information and the goodwill of the businesses of the Company, and the Executive has access agrees not to confidential information, challenge the validity or enforceability of the restrictions contained herein. The parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, Company or their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, enforce or prevent any violations of, of the provisions hereof (without posting a bond or other security) . In addition, in the event of a breach or violation by the Executive of any of Sections 8, 9, or 10, the Restricted Period shall be tolled until such breach or violation has been duly cured. The covenants contained in Sections 8, 9, and 10 are independent of the other obligations under this Agreement. The Company’s breach of any term of this Agreement or any other agreement with the Executive shall not have any effect on any of the Executive’s obligations hereunder.

Appears in 4 contracts

Samples: Employment Agreement (Pioneer Financial Services Inc), Employment Agreement (Pioneer Financial Services Inc), Employment Agreement (Pioneer Financial Services Inc)

Enforcement. If, at the time of enforcement of Section 7 Articles 2 or 3 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 4 contracts

Samples: Senior Management Agreement (Grand Canyon Education, Inc.), Senior Management Agreement (Grand Canyon Education, Inc.), Senior Management Agreement (Grand Canyon Education, Inc.)

Enforcement. If, at the time of enforcement of Section 7 13.4 or 13.5 of this Section 8 Agreement, a court holds that the restrictions stated herein therein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s Executive agrees that because his or her services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement Section 13 and its subsections. Therefore Executive agrees that the Company, its subsidiaries and affiliates, in the event of a breach or threatened breach of this Agreement Section 13 or any of its subsections, the Company, Employer, their respective Subsidiaries may seek injunctive or Affiliates or their successors or assigns may, other equitable relief in addition to any other rights and remedies existing remedy available to them in their favor, apply to any a court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof ( without posting a bond or other security ) .

Appears in 4 contracts

Samples: JOANN Inc., JOANN Inc., JOANN Inc.

Enforcement. If, at the time of enforcement of Section 7 2 or this Section 8 3, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective its Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 4 contracts

Samples: Executive Employment Agreement (Prestige Brands Holdings, Inc.), Executive Employment Agreement (Prestige Brands Holdings, Inc.), Executive Employment Agreement (Prestige Brands Holdings, Inc.)

Enforcement. If, at the time of enforcement of Section 7 3 or 4 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of Section 3 or Section 4 of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their any of its successors or assigns may shall, in addition to other rights and remedies existing in their its favor, apply be entitled to any court of competent jurisdiction for pursue specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond of Section 3 or other security) Section 4 from any court of competent jurisdiction.

Appears in 4 contracts

Samples: Senior Management Agreement (Idleaire Technologies Corp), Senior Management Agreement (Idleaire Technologies Corp), Senior Management Agreement (Idleaire Technologies Corp)

Enforcement. If, at the time of enforcement of Section 7 5, 6 or this Section 8 7, ----------- a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto Parties agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto Parties agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 4 contracts

Samples: Employment Agreement (Bway Corp), Employment Agreement (Bway Corp), Employment Agreement (Bway Corp)

Enforcement. If, at the time of enforcement of Section 7 Sections 1.5, 1.6 or this Section 8 1.7, a court holds that the restrictions stated herein are unreasonable under the circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive Employee’s services are unique and because Executive Employee has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in In the event of a breach or threatened breach of this Agreement, the Company, Employer, its Subsidiaries and their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations violation of, the provisions hereof (without posting a bond or other security) . In the event of Employee’s breach of Section 1.6, the term of the noncompete period provided for in the Noncompetition Agreement shall be extended by a period equal to the length of such breach.

Appears in 4 contracts

Samples: Amended and Restated Employment Agreement (Global Employment Holdings, Inc.), Amended and Restated Employment Agreement (Global Employment Holdings, Inc.), Amended and Restated Employment Agreement (Global Employment Holdings, Inc.)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 Sections 5, 6 and 7, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration period, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that the Company would suffer irreparable harm from a breach of Sections 5, 6 and 7 by Executive and that money damages would not be an inadequate adequate remedy for any such breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, Executive or the Company , Employer, their respective Subsidiaries or Affiliates or their successors or assigns may , in addition to other rights and remedies existing in their favor, apply shall be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other equitable relief from a court of competent jurisdiction in order to enforce, or prevent any violations of, the provisions hereof (without posting hereof. In addition, in the event of a bond breach or other security) violation by Executive or the Company of Section 7, the Non-Compete Period and/or the Non-Disparage Period shall be automatically extended by the amount of time between the initial occurrence of the breach or violation and when such breach or violation has been resolved. Executive and the Company acknowledge that the restrictions contained in Section 7 are reasonable and that each party has reviewed the provisions of this Agreement with Executive’s or its legal counsel.

Appears in 4 contracts

Samples: Executive Employment Agreement (Nuvectra Corp), Executive Employment Agreement (Nuvectra Corp), Executive Employment Agreement (Nuvectra Corp)

Enforcement. If, at the time of enforcement of Section 7 Sections 6, 7, 8 or this Section 8 9 hereof, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive’s services are unique and because Executive has access to confidential information, the The parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement Agreement because the services provided by Employee pursuant to this Agreement are unique and because Employee has access to Confidential Information and Work Product. Therefore As such, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of an actual breach or violation by Employee of Sections 8 or 9 hereof, the Non-Compete Period and the Non-Solicitation Period shall be tolled until such breach or violation has been duly cured. Employee hereby acknowledges and agrees that the restrictions contained in Sections 8 and 9 hereof are reasonable.

Appears in 4 contracts

Samples: Employment Agreement (Research Pharmaceutical Services, Inc.), Amended and Restated Employment Agreement (Research Pharmaceutical Services, Inc.), Employment Agreement (Research Pharmaceutical Services, Inc.)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 any provision hereof by the Company, a court holds of competent jurisdiction shall hold that the restrictions stated herein therein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period duration, scope or area and that the court shall be allowed and directed to revise the restrictions contained herein therein to cover the maximum duration period, scope and area permitted by law. Because Executive’s Employee's services are unique and because Executive Employee has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a of the breach or a threatened breach by Employee of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition and supplementary to other rights and remedies existing in their its favor, apply shall be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other equitable relief from any court in order to enforce, enforce or prevent any violations of, of the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by Employee, the Non-compete Period shall be tolled until such breach or violation has been duly cured. Employee acknowledges that the restrictions contained herein are reasonable and that he has reviewed the provisions of this Agreement with his legal counsel.

Appears in 4 contracts

Samples: Employment Agreement (Fuelnation Inc), Fuelnation Inc, Fuelnation Inc

Enforcement. If, at the time of enforcement of Section 7 any provision of paragraphs 9 or this Section 8 10, a court holds shall hold that the period, scope, or geographical area restrictions stated herein therein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope scope, or geographical area reasonable under such the circumstances shall be substituted for the stated period, scope scope, or area and that area. In the court shall be allowed to revise event of a breach by Executive of any of the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information provisions of paragraphs 9 or 10, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns Company may, in addition to any other rights and remedies existing in their its favor, apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, enforce or prevent any violations of, of the provisions hereof (without posting a bond or other security) hereof.

Appears in 4 contracts

Samples: Employment Agreement (Norstan Inc), Constitutes the Entire Agreement (Norstan Inc), Constitutes the Entire Agreement (Norstan Inc)

Enforcement. The Executive acknowledges that the restrictions contained in this Section 9 are reasonable and necessary, in view of the nature of the Company's business, in order to protect the legitimate interests of the Company, and that any violation thereof would result in irreparable injury to the Company. If, at the time of enforcement of Section 7 or this Section 8 9, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. If the provisions of this Section 9 shall be deemed illegal by any jurisdiction, the provisions in this Section 9 shall be deemed ineffective within such jurisdiction. Because the Executive ’s 's services are unique and because the Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of any provision of this Agreement. Therefore, in the event of a breach or threatened breach by the Executive of any provision of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns Company may, in addition to other rights and remedies existing in their its favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 4 contracts

Samples: Constitutes the Entire Agreement (Globespanvirata Inc), Constitutes the Entire Agreement (Globespanvirata Inc), Globespanvirata Inc

Enforcement. The Executive understands and agrees the terms and conditions of Executive’s employment hereunder are in consideration for Executive’s covenants contained in Section 2 and 3 of this Agreement. If, at the time of enforcement of Section 7 2 or 3 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, existing the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . . In addition, the Company shall have the right to offset Severance Payments during any period in which Executive is in violation of this Section 3. GENERAL PROVISIONS

Appears in 4 contracts

Samples: Senior Executive Agreement (Global Imaging Systems Inc), Senior Executive Agreement (Global Imaging Systems Inc), Senior Executive Agreement (Global Imaging Systems Inc)

Enforcement. You agree that: (i) the covenants set forth in this paragraph 8 are reasonable in all respects, including, where applicable, geographical and temporal scope, and (ii) the Company would not have entered into this Letter Agreement but for your covenants contained herein, and (iii) the covenants contained herein have been made in order to induce the Company to enter into this Letter Agreement. If, at the time of enforcement of Section 7 or this Section paragraph 8, a court holds shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period duration, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration period, scope and area permitted by law. Because Executive’s services are unique You recognize and because Executive has access to confidential information affirm that in the event of your breach of any provision of this paragraph 8, the parties hereto agree that money damages would be an inadequate and the Company would have no adequate remedy for any breach of this Agreement at law. Therefore Accordingly, you agree that in the event of a breach or a threatened breach by you of any of the provisions of this Agreement paragraph 8, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition and supplementary to other rights and remedies granted by law existing in their favor its favor (including recovery of damages and costs (including reasonable attorneys’ fees)), may apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, enforce or prevent any violations of, of the provisions hereof (without posting a bond or other security).

Appears in 4 contracts

Samples: Video Network Communications Inc, Video Network Communications Inc, Video Network Communications Inc

Enforcement. If, at the time of enforcement of Section Paragraph 5, 6 or 7 or of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration period, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that the Company could suffer irreparable harm from a breach of Paragraph 5, 6 or 7 by Executive and that money damages would not be an inadequate adequate remedy for any such breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may assigns, in addition to other rights and remedies existing in their favor, apply shall be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other equitable relief from a court of competent jurisdiction in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) hereof.

Appears in 3 contracts

Samples: Employment Agreement (WII Components, Inc.), Employment Agreement (WII Components, Inc.), Employment Agreement (WII Components, Inc.)

Enforcement. If, at the time of enforcement of Section 7 2 or ----------- --------- Section 3 of this Section 8 Agreement, a court holds that the restrictions stated herein --------- are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of Section 2 or Section 3 of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their --------- --------- any of its successors or assigns may shall, in addition to other rights and remedies existing in their its favor, apply be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond of Section 2 or other security). Section 3 from any court of competent jurisdiction. --------- ---------

Appears in 3 contracts

Samples: Senior Management Agreement (E2enet Inc), Senior Management Agreement (E2enet Inc), Senior Management Agreement (E2enet Inc)

Enforcement. If, at the time of enforcement of Section 7 2 or this Section 8 3, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Executive Employment Agreement (Prestige Brands Holdings, Inc.), Executive Employment Agreement (Prestige Brands Holdings, Inc.), Executive Employment Agreement (Prestige Brands International, LLC)

Enforcement. If, at the time of enforcement of Section 7 2 or this Section 8 3, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, Company or any of its Affiliates and/or their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Amended and Restated Senior Management Agreement (Sotera Health Co), Amended and Restated Senior Management Agreement (Sotera Health Co), Amended and Restated Senior Management Agreement (Sotera Health Co)

Enforcement. If, at the time of enforcement of Section 7 2 or this Section 8 3, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, any party and/or their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor , subject to Section 6(g), apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) hereof.

Appears in 3 contracts

Samples: Employment Agreement (Maravai Lifesciences Holdings, Inc.), Employment Agreement (Maravai Lifesciences Holdings, Inc.), Employment Agreement (Maravai Lifesciences Holdings, Inc.)

Enforcement. If, at the time of enforcement of Section 7 5 or 6 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information and Work Product, and for the other reasons set forth herein, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of any of Section 5 or 6 of this Agreement Agreement that is continuing, the Company, Employer, their respective Subsidiaries or Affiliates or their its successors or assigns and any third-party beneficiary to this Agreement may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of a breach or violation by Executive of Section 6, the Non-Solicitation Period shall be tolled until such breach or violation has been duly cured. Executive agrees that the restrictions contained in this Section 7 are reasonable. The enforceability and scope of this Agreement shall not be limited on the ground that the termination of Executive’s employment was initiated by the Company.

Appears in 3 contracts

Samples: Employment Agreement (Rackable Systems, Inc.), Employment Agreement (Rackable Systems, Inc.), Employment Agreement (Rackable Systems, Inc.)

Enforcement. If, at the time of enforcement of Section 7 6 or this Section 8 7, a court or arbitrator holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area area, and that the court shall covenants should be allowed interpreted and enforced to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law extent which such court deems reasonable. Because Executive Employee’s services are unique and because Executive Employee has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement , and any breach of the terms of Section 6 or 7 would result in irreparable injury and damage to the Company for which the Company would have no adequate remedy at law. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates Company or their successors or assigns may assigns, in addition to other rights and remedies existing in their favor favor and notwithstanding Section 15 of this Agreement, apply shall be entitled to any specific performance and/or immediate injunctive or other equitable relief from a court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) , without having to prove damages in addition to any other remedies to which the Company may be entitled at law or in equity. In addition, in the event of an alleged breach or violation by Employee of Section 7, the Noncompete Period shall be tolled until such breach or violation has been duly cured. The terms of this Section shall not prevent the Company from pursuing any other available remedies for any breach or threatened breach hereof, including but not limited to the recovery of damages from Employee.

Appears in 3 contracts

Samples: Employment Agreement (Game Plan Holdings, Inc.), Employment Agreement (Game Plan Holdings, Inc.), Employment Agreement (Game Plan Holdings, Inc.)

Enforcement. If, at the time of enforcement of Section 7 6 or this Section 8 7, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive Director’s services are unique and because Executive Director has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Company or its Subsidiaries or Affiliates or their and/or its successors or assigns may, in addition to other rights and remedies existing in their favor , subject to Section 10(g), apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In the event that Director breaches any provision of this Section 7, then the Restricted Period shall be extended for a period of time equal to the period of time during which such breach occurred and, in the event that the Company or any of its Subsidiaries is required to seek relief from such breach in any court, then the Restricted Period shall be extended for a period of time equal to the pendency of such proceedings, including all appeals.

Appears in 3 contracts

Samples: Director Compensation Agreement (Maravai Lifesciences Holdings, Inc.), Director Compensation Agreement (Maravai Lifesciences Holdings, Inc.), Director Compensation Agreement (Maravai Lifesciences Holdings, Inc.)

Enforcement. If, at the time of enforcement of Section 7 6 or this Section 8 7, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive Purchaser’s services are unique and because Executive Purchaser has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer Solera, Inc., their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Securities Purchase Agreement (Solera Holdings LLC), Securities Purchase Agreement (Solera Holdings LLC), Securities Purchase Agreement (Solera Holdings, Inc)

Enforcement. If, at the time of enforcement of Section 7 8 or this Section 8 9, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or and/or their respective successors or assigns may, in addition to other rights and remedies existing in their favor , subject to Section 12(h), apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In the event that Executive breaches any provision of this Section 9, then the Restricted Period shall be extended for a period of time equal to the period of time during which such breach occurred and, in the event that the Company, Employer or any of their Subsidiaries is required to seek relief from such breach in any court, then the Restricted Period shall be extended for a period of time equal to the pendency of such proceedings, including all appeals.

Appears in 3 contracts

Samples: Senior Management Agreement (Maravai Lifesciences Holdings, Inc.), Senior Management Agreement (Maravai Lifesciences Holdings, Inc.), Senior Management Agreement (Maravai Lifesciences Holdings, Inc.)

Enforcement. If, at the time of enforcement of Section 7 Sections 1.5, 1.6 or this Section 8 1.7, a court holds that the restrictions stated herein are unreasonable under the circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in In the event of a breach or threatened breach of this Agreement, the Company, Employer, its Subsidiaries and their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations violation of, the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Employment Agreement (Color Spot Nurseries Inc), Employee Stockholders Agreement (Color Spot Nurseries Inc), Employee Stockholders Agreement (Color Spot Nurseries Inc)

Enforcement. If, at the time of enforcement of Section 7 Sections 1.6, 1.7 or this Section 8 1.8, a court holds that the restrictions stated herein are unreasonable under the circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in In the event of a breach or threatened breach of this Agreement, the Company, Employer, its Subsidiaries and their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations violation of, the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Employment Agreement (Color Spot Nurseries Inc), Employee Stockholders Agreement (Color Spot Nurseries Inc), Employee Stockholders Agreement (Color Spot Nurseries Inc)

Enforcement. If, at the time of enforcement of Section Sections 3, 7 or this Section 8, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive Employee’s services are unique and because Executive Employee has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Employment Agreement (Epicedge Inc), Employment Agreement (Epicedge Inc), Employment Agreement (Epicedge Inc)

Enforcement. If, at the time of enforcement of Section 7 Sections 4 or this Section 8 5, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area area, and that the court shall covenants should be allowed interpreted and enforced to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law extent which such court deems reasonable. Because Executive’s services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement , and any breach of the terms of Sections 4 or 5 would result in irreparable injury and damage to the Company for which the Company would have no adequate remedy at law. Therefore, in the event a breach or threatened breach of this Agreement Sections 4 or 5, the Company, Employer, their respective Subsidiaries or Affiliates or their its successors or assigns may assigns, in addition to other rights and remedies existing in their favor, apply shall be entitled to any specific performance and/or immediate injunctive or other equitable relief from a court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) , without having to prove damages in addition to any other remedies to which the Company may be entitled at law or in equity. In addition, in the event of an alleged breach or violation by Executive of Section 5, the non-competition and non-solicitation period shall be tolled until such breach or violation has been duly cured. The terms of this Section shall not prevent the Company from pursuing any other available remedies for any breach or threatened breach hereof, including but not limited to the recovery of damages from Executive.

Appears in 3 contracts

Samples: Amended and Restated Employment Agreement (Emagin Corp), Amended and Restated Employment Agreement (Emagin Corp), Amended and Restated Employment Agreement (Emagin Corp)

Enforcement. If, at the time of enforcement of Section Sections 7 or 8 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, of the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Certificate of Incorporation (Petco Animal Supplies Inc), Certificate of Incorporation (Petco Animal Supplies Inc), Amended and Restated Employment Agreement (Petco Animal Supplies Inc)

Enforcement. If, at the time of enforcement of Section 7 Sections 8, 9, 10 or 11 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive’s services are unique and because Executive has access to confidential information, the The parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement Agreement because the services provided by Employee pursuant to this Agreement are unique and because Employee has access to Confidential Information and Work Product. Therefore As such, in the event a breach or threatened breach of this Agreement, Agreement the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of an actual breach or violation by Employee of Sections 10 or 11, the Non-Compete Period and the Non-Solicitation Period shall be tolled until such breach or violation has been duly cured. Employee hereby acknowledges and agrees that the restrictions contained in Sections 10 and 11 are reasonable.

Appears in 3 contracts

Samples: Employment Agreement (Research Pharmaceutical Services, Inc.), Employment Agreement (Research Pharmaceutical Services, Inc.), Employment Agreement (Research Pharmaceutical Services, Inc.)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8, any of Sections 11 through 14 a court holds shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period duration, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration period, scope and area permitted by law. Because the Executive’s services are unique and because Executive he has access to confidential information Confidential Information and Work Product, the parties hereto acknowledge and agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, enforce or prevent any violations of, of the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by the Executive of any of Sections 11 through 14, the Noncompete Period and the Nonsolicit Period shall be tolled until such breach or violation has been duly cured. The Executive agrees that the restrictions contained in Sections 11 through 14 are reasonable.

Appears in 3 contracts

Samples: Executive Employment Agreement (Si International Inc), Executive Employment Agreement (Si International Inc), Executive Employment Agreement (Si International Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 any of Sections 11 through 14, a court holds shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period duration, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration period, scope and area permitted by law. Because the Executive’s services are unique and because Executive he has access to confidential information Confidential Information and Work Product, the parties hereto acknowledge and agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, enforce or prevent any violations of, of the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by the Executive of any of Sections 11 through 14, the Noncompete Period and the Nonsolicit Period shall be tolled until such breach or violation has been duly cured. The Executive agrees that the restrictions contained in Sections 11 through 14 are reasonable.

Appears in 3 contracts

Samples: Amended and Restated Executive Employment Agreement (Si International Inc), Amended and Restated Executive Employment Agreement (Si International Inc), Amended and Restated Executive Employment Agreement (Si International Inc)

Enforcement. If, at the time of enforcement of Section 7 or any of Sections 12, 13 and 14 of this Section 8 Agreement, a court holds shall hold that the duration, scope, or area restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed and directed to revise the restrictions contained herein to cover the maximum duration period, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Publishing or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by Executive of Section 14, the period set forth in such Section shall be tolled until such breach or violation has been duly cured. Executive agrees that the restrictions contained in Section 14 are reasonable and that Executive has received consideration in exchange therefor.

Appears in 3 contracts

Samples: Amended and Restated Executive Agreement (Ziff Davis Media Inc), Amended and Restated Executive Agreement (Ziff Davis Media Inc), Representations and Warrant (Ziff Davis Media Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 any of Sections 6 through 9, a court holds of competent jurisdiction shall hold that the period, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed and directed to revise the restrictions contained herein to cover the maximum duration period, scope and area permitted by applicable law. Because The parties hereto acknowledge and agree that Executive’s services are unique and because Executive he has access to confidential information Confidential Information and Work Product, that the parties hereto agree provisions of Sections 6 through 9 are necessary, reasonable and appropriate for the protection of the legitimate business interests of Holdings and the Company and their respective Subsidiaries, that irreparable injury will result to Holdings and the Company and their respective Subsidiaries if Executive breaches any of the provisions of Sections 6 through 9 and that money damages would not be an inadequate adequate remedy for any breach by Executive of this Agreement Agreement and that neither Holdings nor the Company will have any adequate remedy at law for any such breach. Therefore, in the event of a breach or threatened breach of this Agreement, Holdings or the Company, Employer, their respective Subsidiaries Company or Affiliates or any of their successors or assigns may assigns, in addition to other rights and remedies existing in their favor, apply shall be entitled to specific performance and/or immediate injunctive or other equitable relief from any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, enforce or prevent any violations of, of the provisions hereof (without the necessity of showing actual money damages, or posting a bond or other security) . Nothing contained herein shall be construed as prohibiting Holdings or the Company or any of their successors or assigns from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of damages.

Appears in 3 contracts

Samples: Employment Agreement (Boston Gear LLC), Employment Agreement (Boston Gear LLC), Employment Agreement (Boston Gear LLC)

Enforcement. If, at the time of enforcement of Section paragraph 5, 6 or 7 or of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Confidentiality Agreement (Professional Medical Management Co), Amended and Restated Employment Agreement (Professional Medical Management Co), Employment Agreement (Professional Medical Management Co)

Enforcement. If, at the time of enforcement of Section 7 paragraph 5, 6, 7, or 8 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable reason able under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates Sabratek or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by Executive of paragraph 7 and/or 8, the Non-Compete Period and/or Non-Solicitation Period, as applicable, shall be tolled until such breach or violation has been duly cured. Executive agrees that the restrictions contained in paragraphs 7 and 8 are reasonable.

Appears in 3 contracts

Samples: Confidentiality Agreement (Sabratek Corp), Confidentiality Agreement (Sabratek Corp), Confidentiality Agreement (Sabratek Corp)

Enforcement. If, at the time of enforcement of Section paragraph 7 or 8 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Plan and Agreement of Merger (Province Healthcare Co), Senior Management Agreement (MST Enterprises Inc), Amended and Restated Senior Management Agreement (Province Healthcare Co)

Enforcement. If, at the time of enforcement of Section paragraphs 5, 6, or 7 or of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing unreasonable, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law in accordance therewith. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would be an inadequate remedy for any breach of paragraph 5, 6, or 7 of this Agreement. Therefore, in the event a breach or threatened breach of paragraph 5, 6, or 7 of this Agreement, the Company, Employer, their respective Subsidiaries Employer or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: SLS International Inc, SLS International Inc, SLS International Inc

Enforcement. If, at the time of enforcement of Section 7 paragraphs 9, 10 or 11 ----------- of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties parities hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions provision hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Employment Agreement (College Television Network Inc), Employment Agreement (College Television Network Inc), Employment Agreement (College Television Network Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 10, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because the Executive ’s 's services are unique and because the Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of any provision of this Agreement. Therefore, in the event a breach or threatened breach by the Executive of any provision of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns Company may, in addition to other rights and remedies existing in their its favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Senior Management Agreement (Answerthink Consulting Group Inc), Senior Management Agreement (Answerthink Consulting Group Inc), Constitutes the Entire Agreement (Answerthink Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 10, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because the Executive ’s 's services are unique and because the Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of any provision of this Agreement. Therefore, in the event of a breach or threatened breach by the Executive of any provision of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns Company may, in addition to other rights and remedies existing in their its favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Employment Agreement (Migo Software, Inc.), Employment Agreement (Powerhouse Technologies Group Inc), Employment Agreement (Powerhouse Technologies Group Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 6, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period duration, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive Purchaser’s services are unique and because Executive Purchaser has access to confidential information Confidential Information, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security security and without proving damages).

Appears in 3 contracts

Samples: Restricted Stock Agreement (Sailpoint Technologies Holdings, Inc.), Restricted Stock Agreement (Sailpoint Technologies Holdings, Inc.), Restricted Stock Agreement (Sailpoint Technologies Holdings, Inc.)

Enforcement. If It is the express intention of the parties that this Agreement be enforced to the fullest extent permitted by applicable law in order to give full effect to the agreements reached herein. Accordingly, if at the time of enforcement of Section 7 Sections 5 or this Section 8, 6 a court holds that the restrictions stated herein are unreasonable under the circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in In the event of a breach or threatened breach of this Agreement, the Company, Employer, its subsidiaries and their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations violation of, the provisions hereof (without posting a bond or other security) . Sections 5 and 6 shall survive and continue in full force and effect in accordance with their terms notwithstanding any termination of the Employment Period.

Appears in 3 contracts

Samples: Employment Agreement (Wild Oats Markets Inc), Employment Agreement (Wild Oats Markets Inc), Employment Agreement (Wild Oats Markets Inc)

Enforcement. The Executive acknowledges that the restrictions contained in this Section 9 are reasonable and necessary, in view of the nature of the Company's business, in order to protect the legitimate interests of the Company, and that any violation thereof would result in irreparable injury to the Company. If, at the time of enforcement of Section 7 or this Section 8 9, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. If the provisions of this Section 9 shall be deemed illegal by any jurisdiction, the provisions of this Section 9 shall be deemed ineffective within such jurisdiction. Because the Executive ’s 's services are unique and because the Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of any provision of this Agreement. Therefore, in the event of a breach or threatened breach by the Executive of any provision of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns Company may, in addition to other rights and remedies existing in their its favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Conexant Systems Inc), Agreement and Plan of Reorganization (Conexant Systems Inc), Agreement and Plan of Reorganization (Conexant Systems Inc)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8, If a court holds that the restrictions stated herein in this Section 6 are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s your services are unique and because Executive has you have access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement Section 6. Therefore, in the event a breach or threatened breach of this Agreement Section 6, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns Company may, in addition to other rights and remedies existing in their its favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 2 contracts

Samples: Amended and Restated Employment Agreement (Verifone Systems, Inc.), Verifone Systems, Inc.

Enforcement. If If the duration of Executive's covenants, at the time of enforcement of Section 7 duties and obligations set forth in Paragraph 5 is held to be excessive, unreasonable, invalid or this Section 8, unenforceable by a court holds that the restrictions stated herein are unreasonable under circumstances then existing of competent jurisdiction, the parties hereto agree that such duration will be modified so as to be reasonable, valid and enforceable to the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area extent permitted by law law as determined by such court of competent jurisdiction. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their its successors or assigns may assigns, in addition to other rights and remedies existing in their favor, apply shall be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other equitable relief from a court of competent jurisdiction in order to enforce, or prevent any violations of, the provisions hereof ( hereof, without the requirement of posting a bond or other security) security thereof. Executive hereby waives any claim or defense that Company has an adequate remedy at law or is not being irreparably injured and will not raise or suggest any such claim or defense in any action or proceeding initiated by or on behalf of Company. Company's rights and remedies hereunder are cumulative in nature, and no such right or remedy shall be, or be considered to be, Company's sole and exclusive right or remedy.

Appears in 2 contracts

Samples: Employment Agreement (General Employment Enterprises Inc), Employment Agreement (General Employment Enterprises Inc)

Enforcement. If, at the time of enforcement of Section 7 SECTION 2 or SECTION 3 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under the circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or geographical area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and geographical area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of SECTION 2 or SECTION - 4 - 5 3 of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their any of its successors or assigns may shall, in addition to other rights and remedies existing in their its favor, apply be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond of SECTION 2 or other security) SECTION 3 from any court of competent jurisdiction.

Appears in 2 contracts

Samples: Split Dollar Insurance Agreement (Cysive Inc), Agreement (Cysive Inc)

Enforcement. If, at the time of enforcement of Section 7 SECTION 2 or SECTION 3 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under the circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or geographical area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and geographical area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of SECTION 2 or SECTION 3 of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their any of its successors or assigns may shall, in addition to other rights and remedies existing in their its favor, apply be entitled to any court of competent jurisdiction for specific performance and/or injunctive or - 4 - 5 other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond of SECTION 2 or other security) SECTION 3 from any court of competent jurisdiction.

Appears in 2 contracts

Samples: Split Dollar Insurance Agreement (Cysive Inc), Split Dollar Insurance Agreement (Cysive Inc)

Enforcement. If, at the time of enforcement of Section 7 12, 13 or 14 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration period, scope or geographical area reasonable reason able under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law area. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information and Work Product, the parties hereto agree that money damages would not be an inadequate adequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates Companies or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance perform ance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security) . In addition, in the event of an alleged breach or violation by Executive of Section 14, the Noncompete Period shall be tolled until such breach or violation has been duly cured. Executive agrees that the restrictions contained in Section 14 are reasonable.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Petersen Holdings LLC), Limited Liability Company Agreement (Petersen Holdings LLC)

Enforcement. If, at the time of enforcement of Section 7 2 or 3 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under the circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or geographical area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and geographical area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of Section 2 or Section 3 of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their any of its successors or assigns may shall, in addition to other rights and remedies existing in their its favor, apply be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security). specific

Appears in 2 contracts

Samples: Executive Employment Agreement (Cysive Inc), Executive Employment Agreement (Cysive Inc)

Enforcement. If, at the time of enforcement of Section 7 2 or 3 of this Section 8 Agreement, a court holds that the restrictions stated herein are unreasonable under the circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or geographical area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and geographical area permitted by law. Because Executive ’s 's services are unique and because Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of Section 2 or Section 3 of this Agreement, the Company, Employer, their respective Subsidiaries Company or Affiliates or their any of its successors or assigns may shall, in addition to other rights and remedies existing in their its favor, apply be entitled to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond of Section 2 or other security) Section 3 from any court of competent jurisdiction.

Appears in 2 contracts

Samples: Executive Employment Agreement (Cysive Inc), Executive Employment Agreement (Cysive Inc)

Enforcement. If, at the time of enforcement of Section 7 2 or this Section 8 3, a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 2 contracts

Samples: Amended and Restated Employment Agreement (VeriFone Holdings, Inc.), Senior Management Agreement (Pathology Solutions, LLC)

Enforcement. If, at the time of enforcement of Section 7 or this Section 8 4.03, a court holds that the restrictions stated therein or herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because the Executive’s services are unique and because the Executive has access to confidential information Confidential Information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Company, Employer, their respective Subsidiaries or Affiliates or their Company and its successors or permitted assigns may, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Appears in 2 contracts

Samples: Amended and Restated Executive Employment Agreement (Harmony Biosciences Holdings, Inc.), Executive Employment Agreement (Harmony Biosciences Holdings, Inc.)

Enforcement. If, at the time of enforcement of Section 7 4.4(a) or this Section 8 (b), a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because Executive’s The Optionee agrees that because his or her services are unique and because Executive the Optionee has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement Article IV. Therefore The Optionee agrees that the Company, its Subsidiaries and Affiliates, in the event of a breach or threatened breach of this Agreement Article IV, the Company, Employer, their respective Subsidiaries may seek injunctive or Affiliates or their successors or assigns may, other equitable relief in addition to any other rights and remedies existing remedy available to them in their favor, apply to any a court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof ( without posting a bond or other security ) .

Appears in 2 contracts

Samples: Stock Option Agreement (Container Store Group, Inc.), Stock Option Agreement (Container Store Group, Inc.)