Common use of Injunctive Relief and Additional Remedy; Essential and Independent Covenants Clause in Contracts

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. The Participant acknowledges that the injury that would be suffered by the Company as a result of a breach of the provisions of this Award Agreement (including any provision of Sections 13, 14, and 15) would be irreparable and that an award of monetary damages to the Company for such a breach would be an inadequate remedy. Consequently, the Company will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Award Agreement, and the Company will not be obligated to post bond or other security in seeking such relief. Without limiting the Company’s rights under this Section 16 or any other remedies of the Company, if the Participant breaches any of the provisions of Sections 13, 14, or 15, the Company will have the right to cease making any payments otherwise due to the Participant under this Award Agreement. The covenants by the Participant in Sections 13, 14, and 15 are essential elements of this Award Agreement, and without the Participant’s agreement to comply with such covenants, the Company would not have entered into this Award Agreement with the Participant. The Company and the Participant have been afforded the opportunity to consult their respective counsel and have been advised or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 13), with specific regard to the nature of the business conducted by the Company and its Subsidiaries and related or affiliated companies or joint ventures. The Participant’s covenants in Sections 13, 14, and 15 are independent covenants and the existence of any claim by the Participant against the Company under this Award Agreement or otherwise, will not excuse the Participant’s breach of any covenant in Sections 13, 14, or 15. If this Award Agreement or the Participant’s employment with the Company and its Subsidiaries or affiliates expires or is terminated, this Award Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Participant in Sections 13, 14, 15, and 16.

Appears in 3 contracts

Samples: Share Unit Award Agreement (Teton Energy Corp), Share Unit Award Agreement (Teton Energy Corp), Share Unit Award Agreement (Teton Energy Corp)

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Injunctive Relief and Additional Remedy; Essential and Independent Covenants. The Participant acknowledges that the injury that would be suffered by the Company Xxxxx-Danfoss Group as a result of a breach of the provisions of this Award Agreement (including any provision of Sections 1315, 1416, and 1517) would be irreparable and that an award of monetary damages to the Company Xxxxx-Danfoss Group for such a breach would be an inadequate remedy. Consequently, the Company or any member of the Xxxxx-Danfoss Group will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Award Agreement, and the Company or any member of the Xxxxx-Danfoss Group will not be obligated to post bond or other security in seeking such relief. Without limiting the CompanyXxxxx-Danfoss Group’s rights under this Section 16 18 or any other remedies of the CompanyXxxxx-Danfoss Group, if the Participant breaches any of the provisions of Sections 1315, 1416, or 1517, the Company Xxxxx-Danfoss Group will have the right to cease making any payments otherwise due to the Participant under this Award Agreement. The covenants by the Participant in Sections 1315, 1416, and 15 17 are essential elements of and preconditions to this Award Agreement, and without the Participant’s agreement to comply with such covenants, the Company would not have entered into this Award Agreement with the Participant. The Company and the Participant have been afforded the opportunity to consult their respective counsel and have been advised or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 1315), with specific regard to the nature of the business conducted by the Company and its Subsidiaries and related or affiliated companies or joint venturesXxxxx-Danfoss Group. The Participant’s covenants in Sections 1315, 1416, and 15 17 are independent covenants and the existence of any claim by the Participant against the Company or any member of the Xxxxx-Danfoss Group under this Award Agreement or otherwise, will not excuse the Participant’s breach of any covenant in Sections 1315, 1416, or 1517. If this Award Agreement or the Participant’s employment with the Company and its Subsidiaries or affiliates expires or Xxxxx-Danfoss Group is terminated, this Award Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Participant in Sections 13, 14, 15, 16, 17, and 1618.

Appears in 2 contracts

Samples: Award Agreement (Sauer Danfoss Inc), Sauer Danfoss Inc

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. The Participant acknowledges that the injury that would be suffered by the Company Xxxxx-Danfoss Group as a result of a breach of the provisions of this Award Agreement (including any provision of Sections 13, 14, and 15) would be irreparable and that an award of monetary damages to the Company Xxxxx-Danfoss Group for such a breach would be an inadequate remedy. Consequently, the Company or any member of the Xxxxx-Danfoss Group will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Award Agreement, and the Company or any member of the Xxxxx-Danfoss Group will not be obligated to post bond or other security in seeking such relief. Without limiting the CompanyXxxxx-Danfoss Group’s rights under this Section 16 or any other remedies of the CompanyXxxxx-Danfoss Group, if the Participant breaches any of the provisions of Sections 13, 14, or 15, the Company Xxxxx-Danfoss Group will have the right to cease making any payments otherwise due to the Participant under this Award Agreement. The covenants by the Participant in Sections 13, 14, and 15 are essential elements of and preconditions to this Award Agreement, and without the Participant’s agreement to comply with such covenants, the Company would not have entered into this Award Agreement with the Participant. The Company and the Participant have been afforded the opportunity to consult their respective counsel and have been advised or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 13), with specific regard to the nature of the business conducted by the Company and its Subsidiaries and related or affiliated companies or joint venturesXxxxx-Danfoss Group. The Participant’s covenants in Sections 13, 14, and 15 are independent covenants and the existence of any claim by the Participant against the Company or any member of the Xxxxx-Danfoss Group under this Award Agreement or otherwise, will not excuse the Participant’s breach of any covenant in Sections 13, 14, or 15. If this Award Agreement or the Participant’s employment with the Company and its Subsidiaries or affiliates expires or Xxxxx-Danfoss Group is terminated, this Award Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Participant in Sections 13, 14, 15, and 16.

Appears in 2 contracts

Samples: Performance Unit Award Agreement (Sauer Danfoss Inc), Award Agreement (Sauer Danfoss Inc)

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. The Participant acknowledges that the injury that would be suffered by the Company as a result of a breach of the provisions of this Award Agreement (including any provision of Sections 13, 14, and 15) would be irreparable and that an award of monetary damages to the Company for such a breach would be an inadequate remedy. Consequently, the Company will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Award Agreement, and the Company will not be obligated to post bond or other security in seeking such relief. Without limiting the Company’s rights under this Section 16 or any other remedies of the Company, if the Participant breaches any of the provisions of Sections 13, 14, or 15, the Company will have the right to cease making any payments otherwise due to the Participant under this Award Agreement. The covenants by the Participant in Sections 13, 14, and 15 are essential elements of this Award Agreement, and without the Participant’s agreement to comply with such covenants, the Company would not have entered into this Award Agreement with the Participant. The Company and the Participant have been afforded the opportunity to consult their respective counsel and have been advised or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 13), with specific regard to the nature of the business conducted by the Company and its Subsidiaries and related or affiliated companies or joint ventures. The Participant’s covenants in Sections 13, 14, and 15 are independent covenants and the existence of any claim by the Participant against the Company under this Award Agreement or otherwise, will not excuse the Participant’s breach of any covenant in Sections 13, 14, or 15. If this Award Agreement or the Participant’s employment with services as a member of the Board of the Company and its Subsidiaries or affiliates expires or is terminated, this Award Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Participant in Sections 13, 14, 15, and 16.

Appears in 1 contract

Samples: Share Unit Award Agreement (Teton Energy Corp)

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Injunctive Relief and Additional Remedy; Essential and Independent Covenants. The Participant acknowledges that the injury that would be suffered by the Company as a result of a breach of the provisions of this Award Agreement (including any provision of Sections 13, 14, and 15) would be irreparable and that an award of monetary damages to the Company for such a breach would be an inadequate remedy. Consequently, the Company will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Award Agreement, and the Company will not be obligated to post bond or other security in seeking such relief. Without limiting the Company’s rights under this Section 16 or any other remedies of the Company, if the Participant breaches any of the provisions of Sections 13, 14, or 15, the Company will have the right to cease making any payments otherwise due to the Participant under this Award Agreement. The covenants by the Participant in Sections 13, 14, and 15 are essential elements of this Award Agreement, and without the Participant’s agreement to comply with such covenants, the Company would not have entered into this Award Agreement with the Participant. The Company and the Participant have been afforded the opportunity to consult their respective counsel and have been advised or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 13), with specific regard to the nature of the business conducted by the Company and its Subsidiaries subsidiaries and related or affiliated companies or joint ventures. The Participant’s covenants in Sections 13, 14, and 15 are independent covenants and the existence of any claim by the Participant against the Company under this Award Agreement or otherwise, will not excuse the Participant’s breach of any covenant in Sections 13, 14, or 15. If this Award Agreement or the Participant’s employment with the Company and its Subsidiaries or affiliates subsidiaries expires or is terminated, this Award Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Participant in Sections 13, 14, 15, and 16.

Appears in 1 contract

Samples: Sauer Danfoss Inc

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. The Participant acknowledges that the injury that would be suffered by the Company Sxxxx-Danfoss Group as a result of a breach of the provisions of this Award Agreement (including any provision of Sections 1315, 1416, and 1517) would be irreparable and that an award of monetary damages to the Company Sxxxx-Danfoss Group for such a breach would be an inadequate remedy. Consequently, the Company or any member of the Sxxxx-Danfoss Group will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Award Agreement, and the Company or any member of the Sxxxx-Danfoss Group will not be obligated to post bond or other security in seeking such relief. Without limiting the CompanySxxxx-Danfoss Group’s rights under this Section 16 18 or any other remedies of the CompanySxxxx-Danfoss Group, if the Participant breaches any of the provisions of Sections 1315, 1416, or 1517, the Company Sxxxx-Danfoss Group will have the right to cease making any payments otherwise due to the Participant under this Award Agreement. The covenants by the Participant in Sections 1315, 1416, and 15 17 are essential elements of and preconditions to this Award Agreement, and without the Participant’s agreement to comply with such covenants, the Company would not have entered into this Award Agreement with the Participant. The Company and the Participant have been afforded the opportunity to consult their respective counsel and have been advised or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 1315), with specific regard to the nature of the business conducted by the Company and its Subsidiaries and related or affiliated companies or joint venturesSxxxx-Danfoss Group. The Participant’s covenants in Sections 1315, 1416, and 15 17 are independent covenants and the existence of any claim by the Participant against the Company or any member of the Sxxxx-Danfoss Group under this Award Agreement or otherwise, will not excuse the Participant’s breach of any covenant in Sections 1315, 1416, or 1517. If this Award Agreement or the Participant’s employment with the Company and its Subsidiaries or affiliates expires or Sxxxx-Danfoss Group is terminated, this Award Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Participant in Sections 13, 14, 15, 16, 17, and 1618.

Appears in 1 contract

Samples: Award Agreement (Sauer Danfoss Inc)

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