Common use of EQUITABLE RELIEF; FEES AND EXPENSES Clause in Contracts

EQUITABLE RELIEF; FEES AND EXPENSES. Executive stipulates and agrees that any breach of Sections 5, 6, 7 and 21 of this Agreement by Executive will result in immediate and irreparable harm to the Employer and the Affiliates, the amount of which will be extremely difficult to ascertain, and that the Employer and the Affiliates could not be reasonably or adequately compensated by damages in an action at law. For these reasons, the Employer and the Affiliates shall have the right, without objection from Executive, to obtain such preliminary, temporary or permanent injunctions or restraining orders or decrees as may be necessary to protect the Employer and the Affiliates against, or on account of, any breach by Executive of the provisions of this Agreement without requiring the Employer or the Affiliates to post any bond. Such right to equitable relief is in addition to all other legal remedies the Employer and the Affiliates may have to protect their rights. In the event the Employer and/or the Affiliates obtain any such injunction, order, decree or other relief, in law or in equity, Executive shall be responsible for reimbursing the Employer and/or the Affiliates for all costs associated with obtaining the relief, including attorneys’ fees, and expenses and costs of suit. Executive further covenants and agrees that any order of court or judgment obtained by the Employer and/or the Affiliates which enforces the Employer and/or the Affiliates’ rights under this Agreement may be transferred, without objection or opposition by Executive, to any court of law or other appropriate law enforcement body located in any other state in the U.S.A. where the Employer and/or the Affiliates do business, and that said court or body shall give full force and effect to said order and/or judgment.

Appears in 3 contracts

Samples: Employment Agreement (AZEK Co Inc.), Employment Agreement (CPG Newco LLC), Employment Agreement (AZEK Co Inc.)

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EQUITABLE RELIEF; FEES AND EXPENSES. Executive stipulates Each Shareholder acknowledges and agrees that any breach of Sections 5, 6, 7 and 21 of this Agreement by Executive a Shareholder will result in immediate and irreparable harm to the Employer Company and the Affiliatesits affiliates, the amount of which will be extremely difficult to ascertain, and that the Employer and the Affiliates Company could not be reasonably or adequately compensated by damages in an action at law. For these reasons, the Employer Company and the Affiliates any of its affiliates shall have the right, without objection from ExecutiveShareholders, to obtain such preliminary, temporary or permanent injunctions or restraining orders or decrees as may be necessary to protect the Employer Company and the Affiliates its affiliates against, or on account of, any breach by Executive a Shareholder of the provisions of this Agreement without requiring the Employer or the Affiliates need to post any bond. Such right to equitable relief is in addition to all other legal remedies the Employer and the Affiliates Company may have to protect their its rights. In the event the Employer and/or the Affiliates obtain any such injunctionIN ANY ACTION OR PROCEEDING BROUGHT BY A PARTY TO ENFORCE THIS AGREEMENT, orderTHE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER THE COSTS AND EXPENSES INCURRED (INCLUDING, decree or other reliefBUT NOT LIMITED TO, in law or in equity, Executive shall be responsible for reimbursing the Employer and/or the Affiliates for all costs associated with obtaining the relief, including attorneys’ fees, and expenses and costs of suitLEGAL FEES AND EXPENSES INCURRED BY THE PREVAILING PARTY IN CONNECTION WITH ENFORCING THAT ACTION OR PROCEEDING). Executive Shareholder further covenants and agrees that any order of court or judgment obtained by the Employer and/or the Affiliates Company which enforces the Employer and/or the Affiliates’ Company’s rights under this Agreement may be transferred, without objection or opposition by Executivea Shareholder, to any court of law or other appropriate law enforcement body located in any other state in the U.S.A. or any other country in the world where the Employer and/or the Affiliates do Company does business, and that said court or body shall give full force and effect to said order and/or and or judgment.

Appears in 1 contract

Samples: Purchase Agreement (Protech Home Medical Corp.)

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EQUITABLE RELIEF; FEES AND EXPENSES. Executive stipulates and agrees that ----------------------------------- any breach of Sections 5, 6, 7 and 21 of this Agreement by Executive will result in immediate and irreparable harm to the Employer Company and the its Affiliates, the amount of which will be extremely difficult to ascertain, and that the Employer Company and the its Affiliates could not be reasonably or adequately compensated by damages in an action at law. For these reasons, the Employer Company and the its Affiliates shall have the right, without objection from Executive, to obtain such preliminary, temporary or permanent injunctions or restraining orders or decrees as may be necessary to protect the Employer and the Affiliates Company or any Affiliate against, or on account of, any breach by Executive of the provisions of this Agreement without requiring the Employer or the Affiliates need to post any bond. Such right to equitable relief is in addition to all other legal remedies the Employer and the Affiliates Company or any Affiliate may have to protect their its rights. In the event the Employer and/or the Affiliates obtain Company or any Affiliate obtains any such injunction, order, decree or other relief, in law or in equity, Executive shall be responsible for reimbursing the Employer and/or the Affiliates Company or Affiliate for all costs associated with obtaining the relief, including reasonable attorneys' fees, and expenses and costs of suit. Executive further covenants and agrees that any order of court or judgment obtained by the Employer and/or the Affiliates Company or an Affiliate which enforces the Employer and/or the Affiliates’ Company's or Affiliate's rights under this Agreement may be transferred, without objection or opposition by Executive, to any court of law or other appropriate law enforcement body located in any other state in the U.S.A. or any other country in the world where the Employer and/or the Affiliates do Company or such Affiliate does business, and that said court or body shall give full force and effect to said order and/or and or judgment.

Appears in 1 contract

Samples: Executive Employment Agreement (Igate Capital Corp)

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