Common use of RELIEF FOR VIOLATIONS Clause in Contracts

RELIEF FOR VIOLATIONS. Employee covenants and agrees that if he shall violate any of the covenants and agreements under Paragraph 7 and/or Paragraph 8 or both, the Company shall be entitled to an accounting and repayment of all profits, compensation, commissions, remuneration or benefits which Employee directly or indirectly has realized and/or may realize as the result of, arising out of, or in connection with, any such violation. Employee acknowledges that an irreparable injury may result to the Company and its business in the event of a breach of Employee's covenants contained in Paragraph 7 and/or Paragraph 8 of this Agreement. Employee also acknowledges and agrees that the damages or injuries which the Company may sustain as a result of Employee's breach of Paragraphs 7 and/or Paragraph 8 of this Agreement are difficult to ascertain and money damages alone may not be an adequate remedy to the Company. Employee, therefore, agrees that if a controversy arises concerning the rights or obligations of a party under this Agreement, such rights or obligations shall be enforceable in a court of equity by a decree of specific performance and the Company shall also be entitled to any injunctive relief necessary to prevent or restrain any violation by Employee or any persons directly or indirectly acting for or with Employee of the provisions of Paragraphs 7 and/or Paragraph 8 of this Agreement. Such remedies, however, shall be cumulative and non-exclusive and shall be in addition to any other remedy to which the parties may be entitled.

Appears in 4 contracts

Samples: Employment and Non Competition Agreement (Choicetel Communications Inc /Mn/), Employment Agreement (Choicetel Communications Inc /Mn/), Employment Agreement (Choicetel Communications Inc /Mn/)

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RELIEF FOR VIOLATIONS. The Employee covenants and agrees that if he Employee shall violate any of the covenants and agreements under Paragraph 7 and/or Paragraph 8 or both, the Company Corporation shall be entitled to an accounting and repayment of all profits, compensation, commissions, remuneration or benefits which the Employee directly or indirectly has realized and/or may realize as the result of, arising out of, of or in connection with, with any such violation. The Employee acknowledges that an irreparable injury may result to the Company Corporation and its business in the event of a breach of the Employee's covenants contained in Paragraph 7 and/or Paragraph 8 of this Agreement. The Employee also acknowledges and agrees that the damages or injuries which the Company Corporation may sustain as a result of the Employee's breach of Paragraphs 7 and/or Paragraph 8 of this Agreement are difficult to ascertain and money damages alone may not be an adequate remedy to the CompanyCorporation. The Employee, therefore, agrees that if a controversy arises concerning the rights or obligations of a party under this Agreement, such rights or obligations shall be enforceable in a court of equity by a decree of specific performance and the Company Corporation shall also be entitled to any injunctive relief necessary to prevent or restrain any violation by the Employee or any persons directly or indirectly acting for or with the Employee of the provisions of Paragraphs 7 and/or Paragraph 8 of this Agreement. Such remedies, however, shall be cumulative and non-exclusive and shall be in addition to any other remedy to which the parties may be entitled.

Appears in 1 contract

Samples: Employment Agreement (International Building Concepts LTD)

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