Common use of Injunctive or Other Equitable Relief Clause in Contracts

Injunctive or Other Equitable Relief. The Executive acknowledges that (a) the covenants contained herein are reasonable, (b) the Executive’s services are unique, and (c) a breach or threatened breach by him of any of his covenants and agreements with the Company and its Affiliates contained in Sections 6.01, 7.01, 8.01, 9.01 or 9.02 could cause irreparable harm to the Company or its Affiliates for which they would have no adequate remedy at law. Accordingly, and in addition to any remedies which the Company and its Affiliates may have at law, in the event of an actual or threatened breach by the Executive of his covenants and agreements contained in Sections 6.01, 7.01, 8.01, 9.01 or 9.02, the Company and its Affiliates shall have the absolute right, without the need to post a bond or any other type of security, to commence a lawsuit or other proceeding in any court of competent jurisdiction (the “Selected Court”) seeking injunctive or other equitable relief (an “Injunction Proceeding”). In furtherance thereof, the Executive expressly and irrevocably agrees that the Selected Court may exercise personal jurisdiction over him in connection with any Injunction Proceeding and further agrees not to assert that any court other than the Selected Court is a more suitable forum for an Injunction Proceeding.

Appears in 6 contracts

Samples: Employment Agreement (Arch Capital Group Ltd.), Employment Agreement (Arch Capital Group Ltd.), Employment Agreement (Arch Capital Group Ltd.)

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Injunctive or Other Equitable Relief. The Executive Chairman acknowledges that (a) the covenants contained herein are reasonable, (b) the ExecutiveChairman’s services are unique, and (c) a breach or threatened breach by him of any of his covenants and agreements with the Company and its Affiliates Companies contained in Sections 6.01, 7.01, 8.01, 9.01 or 9.02 could cause irreparable harm to the Company or its Affiliates Companies for which they would have no adequate remedy at law. Accordingly, and in addition to any remedies which the Company and its Affiliates Companies may have at law, in the event of an actual or threatened breach by the Executive Chairman of his covenants and agreements contained in Sections 6.01, 7.01, 8.01, 9.01 or 9.02, the Company and its Affiliates Companies shall have the absolute right, without the need to post a bond or any other type of security, to commence a lawsuit or other proceeding in any a court of competent jurisdiction (the “Selected Court”) seeking injunctive or other equitable relief (an “Injunction Proceeding”). The United States District Court for the Southern District of Florida or the Florida Circuit Court for the Eleventh Judicial Circuit (jointly, the “Selected Courts”) shall be the exclusive courts in which the Companies may commence an Injunction Proceeding. In furtherance thereof, the Executive Chairman expressly and irrevocably agrees that the Selected Court Courts may exercise personal jurisdiction over him in connection with any Injunction Proceeding and further agrees not to assert that any other court in any other than the Selected Court jurisdiction is a more suitable forum for an Injunction Proceeding.

Appears in 1 contract

Samples: Service Agreement (Arch Capital Group Ltd.)

Injunctive or Other Equitable Relief. The Executive acknowledges that (a) the covenants contained herein are reasonable, (b) the Executive’s services are unique, and (c) a breach or threatened breach by him of any of his covenants and agreements with the Company and its Affiliates contained in Sections 6.01, 7.01, 9 | Page 8.01, 9.01 or 9.02 could cause irreparable harm to the Company or its Affiliates for which they would have no adequate remedy at law. Accordingly, and in addition to any remedies which the Company and its Affiliates may have at law, in the event of an actual or threatened breach by the Executive of his covenants and agreements contained in Sections 6.01, 7.01, 8.01, 9.01 or 9.02, the Company and its Affiliates shall have the absolute right, without the need to post a bond or any other type of security, to commence a lawsuit or other proceeding in any court of competent jurisdiction (the “Selected Court”) seeking injunctive or other equitable relief (an “Injunction Proceeding”). In furtherance thereof, the Executive expressly and irrevocably agrees that the Selected Court may exercise personal jurisdiction over him in connection with any Injunction Proceeding and further agrees not to assert that any court other than the Selected Court is a more suitable forum for an Injunction Proceeding.

Appears in 1 contract

Samples: Employment Agreement (Arch Capital Group Ltd.)

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Injunctive or Other Equitable Relief. The Executive acknowledges that (a) the covenants contained herein are reasonable, (b) the Executive’s services are unique, and (c) a breach or threatened breach by him of any of his covenants and agreements with the Company and its Affiliates contained in Sections 6.01, 7.01, 8.01, 9.01 or 9.02 could cause irreparable harm to the Company or its Affiliates for which they would have no adequate remedy at law. Accordingly, and in addition to any remedies which the Company and its Affiliates may have at law, in the event of an actual or threatened breach by the Executive of his covenants and agreements contained in Sections 6.01, 7.01, 8.01, 9.01 or 9.02, the Company and its Affiliates shall have the absolute right, without the need to post a bond or any other type of security, to commence a lawsuit or other proceeding in any court of competent jurisdiction (the “Selected Court”) seeking injunctive or other equitable relief (an “Injunction Proceeding”). In furtherance thereof, the Executive expressly and irrevocably agrees that the Selected Court may exercise personal jurisdiction over him in connection with any Injunction Proceeding and further agrees not to assert that any court other than the Selected Court is a more suitable forum for an Injunction Proceeding.. 12 | Page

Appears in 1 contract

Samples: Employment Agreement (Arch Capital Group Ltd.)

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