Common use of Material Inducements Clause in Contracts

Material Inducements. The provisions of Sections 5, 6 and 7 of this Agreement are material inducements to the Company entering into and performing this Agreement. In the event of any breach of the provisions of Sections 5, 6 and/or 7 of this Agreement by the Executive, in addition to all other remedies at law or in equity possessed by the Company, the Company shall have the right to (i) terminate and not pay any amounts payable to the Executive hereunder and/or (ii) cease the provision of any benefits otherwise due to the Executive hereunder. The Executive acknowledges and agrees that the Company will have no adequate remedy at law, and would be irreparably harmed, if the Executive breaches any of the provisions of Sections 5, 6 and/or 7 of this Agreement. The Executive further agrees that the Company shall be entitled to equitable and/or injunctive relief to prevent any breach or threatened breach of Sections 5, 6 and/or 7 of this Agreement, and to specific performance of each of the terms of such Sections in addition to any other legal or equitable remedies that the Company may have, without any requirement to post bond or other security. The Executive also agrees that he shall not, in any equity proceeding relating to the enforcement of the terms of this Agreement, raise the defense that the Company has an adequate remedy at law.

Material Inducements. The provisions of Sections 5, 6 8 and 7 9 of this Agreement are material inducements to the Company entering into and performing this Agreement. In the event of any breach or threatened breach of the provisions of Sections 5, 6 and/or 7 8 and 9 of this Agreement by the ExecutiveEmployee, in addition to all other remedies at law or in equity possessed by the Company, the Company shall have the right to (i) terminate and not pay cancel any amounts payable to the Executive hereunder and/or (ii) cease the provision of any benefits otherwise unexercised Options, with no further compensation due to the Executive hereunderEmployee, and/or to require that the Employee repay any of the profits received by the Employee through exercise of any Options. The Executive Employee acknowledges and agrees that the Company will have no adequate remedy at law, and would be irreparably harmed, if the Executive Employee breaches or threatens to breach any of the provisions of Sections 5, 6 and/or 7 8 and 9 of this Agreement. The Executive Employee further agrees that the Company shall be entitled to equitable and/or injunctive relief to prevent any breach or threatened breach of Sections 5, 6 and/or 7 8 and 9 of this Agreement, and to specific performance of each of the terms of such Sections in addition to any other legal or equitable remedies that the Company may have, without any requirement to post bond or other security. The Executive Employee also agrees that he she shall not, in any equity proceeding relating to the enforcement of the terms of this Agreement, raise the defense that the Company has an adequate remedy at law.