Common use of Remedies; Enforceability Clause in Contracts

Remedies; Enforceability. If Executive commits a breach, or threatens to commit a breach, of any of the provisions of this Section 6, the Company shall have the right and remedy to have the provisions of this Agreement specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company and that money damages may not provide an adequate remedy to the Company. Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by Executive of any of the provisions of this Section 6, without having to post bond. If any of the covenants contained in this Section 6, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. If any of the covenants contained in this Section 6, or any part thereof, is held to be unenforceable because of the duration or scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision and, in its reduced form, such provision shall then be enforceable. In the event that the courts of any one or more of such states shall hold any such covenant wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company’s right to the relief provided above in the courts of any other states within the geographical scope of such other covenants, as to breaches of such covenants in such other respective jurisdictions, the above covenants as they relate to each state being, for this purpose, severable into diverse and independent covenants.

Remedies; Enforceability. If Executive Xx. Xxxx commits a breach, or threatens to commit a breach, of any of the provisions of this Section 64, the Company shall will have the right and remedy to have the provisions of this Agreement specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company and that money damages may not provide an adequate remedy to the Company. Executive Xx. Xxxx therefore agrees that the Company, in addition to any other remedies available to it, shall will be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by Executive Xx. Xxxx of any of the provisions of this Section 64, without -7- having to post bond. If any of the covenants contained in this Section 64, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall will not affect the remainder of the covenant or covenants, which shall will be given full effect without regard to the invalid portions. If any of the covenants contained in this Section 64, or any part thereof, is held to be unenforceable because of the duration or scope of such provision or the area covered thereby, the parties agree that the court making such determination shall will have the power to reduce the duration and/or area of such provision and, in its reduced form, such provision shall will then be enforceable. In the event that the courts of any one or more of such states shall will hold any such covenant wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company’s right to the relief provided above in the courts of any other states within the geographical scope of such other covenants, as to breaches of such covenants in such other respective jurisdictions, the above covenants as they relate to each state being, for this purpose, severable into diverse and independent covenants.