Common use of Injunctive Relief and Enforcement Clause in Contracts

Injunctive Relief and Enforcement. Executive hereby acknowledges that irreparable injury will result to the Company in the event of a breach by Executive of his obligations under Section 5(a)(i) or this Section 7, that monetary damages for such breach would not be readily calculable, and that the Company would not have an adequate remedy at law therefor. Executive further acknowledges, consents and agrees that in the event of breach or threatened breach by Executive of the terms of such Sections, the Company shall be entitled to damages for any such breach and/or to specific performance or other injunctive relief to restrain any further violation or threatened violation of such Sections and to exercise such remedies cumulatively or in conjunction with all other rights and remedies provided by law. In addition, in the event that the agreements set forth in such Sections shall be determined by any court of competent jurisdiction to be unenforceable by reason of extending for too great a period of time or over too great a geographical area or by reason of being too extensive in any other respect, each such agreement shall be reformed and interpreted to extend over the maximum period of time for which it may be enforceable and to the maximum extent in all other respects as to which it may be enforceable, and enforced as so interpreted, all as determined by such court in such action.

Appears in 2 contracts

Samples: Employment Agreement (Guidance Software, Inc.), Employment Agreement (Guidance Software, Inc.)

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Injunctive Relief and Enforcement. Executive hereby acknowledges that irreparable injury will result to the Company in the event of a breach by Executive of his obligations under Section 5(a)(i) or this Section 7, that monetary damages for such breach would not be readily calculable, and that the Company would not have an adequate remedy at law therefor. Executive further acknowledges, consents and agrees that in In the event of breach or threatened breach by Executive --------------------------------- Employee of the terms of such Sectionsthis Section 6, the Company shall be entitled to institute legal proceedings to obtain damages for any such breach and/or breach, or to enforce the specific performance or other injunctive relief of this Agreement by Employee and to restrain enjoin Employee from any further violation or threatened violation of such Sections this Section 6, and to exercise such remedies cumulatively or in conjunction with all other rights and remedies provided by law. Employee expressly agrees and acknowledges that the Company will or would suffer irreparable injury if Employee were to compete with the Company or any Affiliate in violation of this Agreement, that the remedies at law for any violation of this Section 6 would be inadequate and that the Company would by reason of such competition be entitled to injunctive relief. In addition, in the event that the agreements set forth in such Sections any provision of this Section 6 shall be determined by any court of competent jurisdiction to be unenforceable by reason of extending for too great a period of time or over too great a geographical area or by reason of being too extensive in any other respect, each such agreement it shall be reformed and interpreted to extend over the maximum period of time for which it may be enforceable and to the maximum extent in all other respects as to which it may be enforceable, and enforced as so interpreted, all as determined by such court in such action.

Appears in 1 contract

Samples: Employment Agreement (Learningstar Corp)

Injunctive Relief and Enforcement. Executive hereby acknowledges that irreparable injury will result to the Company in the event of a breach by Executive of his obligations under Section 5(a)(i) or this Section 7, that monetary damages for such breach would not be readily calculable, and that the Company would not have an adequate remedy at law therefor. Executive further acknowledges, consents and agrees that in In the event of breach or threatened breach by Executive Employee of the terms of such Sectionsthis Section 6, the Company shall be entitled to institute legal proceedings to obtain damages for any such breach and/or breach, or to enforce the specific performance or other injunctive relief of this Agreement by Employee and to restrain enjoin Employee from any further violation or threatened violation of such Sections this Section 6, and to exercise such remedies cumulatively or in conjunction with all other rights and remedies provided by law. Employee expressly agrees and acknowledges that the Company will or would suffer irreparable injury if Employee were to compete with the Company or any Affiliate in violation of this Agreement, that the remedies at law for any violation of this Section 6 would be inadequate and that the Company would by reason of such competition be entitled to injunctive relief. In addition, in the event that the agreements set forth in such Sections any provision of this Section 6 shall be determined by any court of competent jurisdiction to be unenforceable by reason of extending for too great a period of time or over too great a geographical area or by reason of being too extensive in any other respect, each such agreement it shall be reformed and interpreted to extend over the maximum period of time for which it may be enforceable and to the maximum extent in all other respects as to which it may be enforceable, and enforced as so interpreted, all as determined by such court in such action.

Appears in 1 contract

Samples: Employment Agreement (Learningstar Inc)

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Injunctive Relief and Enforcement. Executive hereby acknowledges that irreparable injury will result to the Company in In the event of a breach by Executive of his obligations under Section 5(a)(i) or this Section 7, that monetary damages for such breach would not be readily calculable, and that the Company would not have an adequate remedy at law therefor. Executive further acknowledges, consents and agrees that in the event of breach or threatened breach by the Executive of or dispute or potential dispute regarding the terms of such SectionsSection 3(d), the Company 6, 10 or 11, either party shall be entitled to damages for any such breach and/or institute legal proceedings to enforce the specific performance or other injunctive relief of this Agreement, to restrain enjoin the Executive from any further violation of Section 3(d), 6, 10 or threatened violation of such Sections 11, or to obtain other appropriate temporary and permanent injunctive or other equitable relief and to exercise such remedies cumulatively or in conjunction with all other rights and remedies provided by lawlaw and not otherwise limited by this Agreement. The Executive acknowledges, however, that the remedies at law for any breach by the Executive of the provisions of Section 3(d), 6, 10 or 11 may be inadequate. In addition, in the event that the agreements set forth in such Sections Section 3(d), 6, 10 or 11 shall be determined by any court of competent jurisdiction to be unenforceable by reason of extending for too great a period of time or over too great a geographical area or by reason of being too extensive in any other respect, each such agreement shall be reformed and interpreted to extend over the maximum period of time for which it may be enforceable and to the maximum extent in all other respects as to which it may be enforceable, and enforced as so interpreted, all as determined by such court in such action.

Appears in 1 contract

Samples: Employment Agreement (Landmark Apartment Trust of America, Inc.)

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