Injunction Without Bond. In the event there is a breach or threatened breach by the Executive of the provisions of Sections 10, 12, or 13, the Bank shall be entitled to an injunction without bond to restrain such breach or threatened breach, and the prevailing party in any such proceeding will be entitled to reimbursement for all costs and expenses, including reasonable attorneys' fees in connection therewith. Nothing herein shall be construed as prohibiting the Bank from pursuing such other remedies available to it for any such breach or threatened breach including recovery of damages from the Executive.
Injunction Without Bond. Due to the nature of this Agreement and the services provided hereunder, the parties acknowledge that a breach of the covenants contained in Paragraphs 9, 10 and 11 of this Agreement will result in irreparable injury to Employer and the only appropriate remedy for such breach would be an injunction. Thus, in the event there is a breach or threatened breach by the Employee of the provisions of Paragraphs 9, 10 and 11, the Employer shall be entitled to seek and obtain injunctive relief without the posting of a bond to restrain the Employee from disclosing in whole or in part any confidential matters or from rendering service to any person, firm, corporation, association or other entity, and the Employer will be entitled to reimbursement for all costs and expenses, including reasonable attorneys fees (both at the trial and appellate levels) in connection therewith. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Injunction Without Bond. In the event there is a breach or threatened breach by the Executive of the provisions of paragraph 11, the Employer shall be entitled to an injunction without bond to restrain the Executive from disclosing in whole or in part any confidential matters or from rendering a service to any person, firm, corporation, association or other entity, in the course of which service such information has been disclosed or is threatened to be disclosed, and the Employer will be entitled to reimbursement for all costs and expenses, including reasonable attorneys' fees in connection therewith. Nothing herein shall be construed as prohibiting the Employer from pursuing such other remedies available to it for such breach or threatened breach including recovery of damages from the Executive.
Injunction Without Bond. Due to the nature of this Agreement and the services provided hereunder, the parties acknowledge that a breach of the covenants contained in Paragraphs 9, 10 and 11 of this Agreement will result in irreparable injury to Principal and the only appropriate remedy for such breach would be an injunction. Thus, in the event there is a breach or threatened breach by the Consultant of the provisions of Paragraphs 9, 10 and 11, the Principal shall be entitled to seek and obtain injunctive relief without the posting of a bond to restrain the Consultant from disclosing any confidential matters or trade secret matters from rendering service to any person, firm, corporation, association or other entity, and the Principal will be entitled to reimbursement for all costs and expenses, including reasonable attorney’s fees (both at the trial and appellate levels) in connection therewith. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Injunction Without Bond. The Bank Group has entered into this Agreement in order to obtain the benefit of the Executive’s unique skills, talent, and experience. The parties enter into this Agreement with the understanding that the base salary and all other compensation and benefits to be paid to the Executive pursuant to this Agreement have been based in part on the value to the Bank Group of each of the provisions of this Agreement. The Executive acknowledges and agrees that any breach or threatened breach of this Agreement will result in irreparable damage to the Bank Group and, accordingly, any of the Bank Group may obtain injunctive relief, a decree of specific performance and/or any other equitable relief for any breach or threatened breach of this Agreement in addition to any other remedies available to the Bank Group, without being required to show any actual damage, or to post an injunction bond, and the prevailing party in any such proceeding will be entitled to reimbursement for all costs and expenses, including reasonable attorneys' fees in connection therewith. Nothing herein shall be construed as prohibiting the Bank Group from pursuing such other remedies available to it for any such breach or threatened breach including recovery of damages from the Executive.
Injunction Without Bond. Xxxxxxxxxxx acknowledges that the restrictions contained in Sections 7 and 8 hereof are reasonable and necessary to protect the legitimate interests of ARC, ARC’s subsidiaries, and ARC’s affiliate, that such restrictions are deemed to be material, that ARC would not have entered into this Agreement in the absence of such restrictions, that it would be impossible or inadequate to measure and calculate ARC’s or ARC’s subsidiary’s or affiliate’s damages from any violation of those Sections and that any violation of any provision of those Sections may result in irreparable injury to ARC, ARC’s subsidiaries or affiliates (each of which shall be deemed a third party beneficiary of such restriction). Xxxxxxxxxxx agrees that each of ARC, ARC’s subsidiaries, ARC’s affiliates shall, whether or not it is pursuing any potential remedies at law, be entitled to seek in any court of competent jurisdiction, preliminary and permanent injunctive relief and to specific performance of any such provision of this Agreement, without the necessity of proving actual damages, as well as to an equitable accounting of all earnings, profits and other benefits arising from any actual or threatened breach of Sections 7 and 8 hereof, which rights shall be cumulative and in addition to any other rights or remedies to which ARC or any subsidiary or affiliate of ARC may be entitled. Xxxxxxxxxxx further agrees that no bond or other security shall be required in obtaining such equitable relief and Xxxxxxxxxxx hereby consents to the issuance of such injunction and to the ordering of specific performance.
Injunction Without Bond. In the event there is a breach or threatened breach by the Consultants of the provisions of SECTIONS 11, 12, OR 13 hereof, the Company shall be entitled to a temporary and permanent injunction without bond to restrain the Consultant from engaging in the activities prohibited in SECTIONS 11, 12, AND 13 above, and the Company will be entitled to reimbursement for all costs and expenses, including reasonable attorneys' fees, in connection therewith.
Injunction Without Bond. Akam acknowledges that the rights of American created under Section 4 of the Agreement are in part related to intellectual property and in particular the “Covenant Not to Compete” set forth above, and accordingly have proprietary value to American, which proprietary value cannot be readily determined. As such, should Akam violate any provision of Section 4 of the Agreement, or take any action in derogation of such provisions, including any action whether intentional or unintentional with a third party or that may affect the business of American, American may, without bond, bond being specifically waived by Akam, enjoin same upon the verified petition of American.
Injunction Without Bond. In the event there is a breach or threatened breach by the Employee of the provisions of paragraphs 13 and 14 hereof, the Company shall be entitled to a temporary and permanent injunction without bond to restrain the Employee from disclosing in whole or in part any confidential matters or from rendering a service or payment to any person or business entity, as prohibited thereunder, and the Company will be entitled to reimbursement for all costs and expenses, including reasonable attorneys' fees, in connection therewith. Nothing herein shall be construed as prohibiting the Company from pursuing such other remedies available to it for such breach or threatened breach including recovery of damages from the Employee.
