Common use of Remedies for Breach by Employee Clause in Contracts

Remedies for Breach by Employee. Employee agrees that it would be difficult to compensate the Company fully for damages for any violation of the provisions of this Agreement, including without limitation the provisions of Paragraphs 4, 5, 6, 8, 9 and 10. Employee agrees that any breach of this Agreement by Employee would cause the Company and/or its Related Parties great and irreparable injury and damage, the actual amount of which cannot be reasonably or adequately compensated in damages in an action at law. Employee acknowledges that the Company shall, therefore, be entitled, in addition to any other remedies that it may have under this Agreement or at law, to receive injunctive and other equitable relief (including without limitation specific performance) to enforce any of the rights and privileges of the Company or any of the covenants or obligations of the Employee hereunder. In addition to any and all other remedies available to the Company, Employee agrees that the Company shall be entitled to recover from Employee liquidated damages in an amount no less than Twenty-Five Thousand Dollars ($25,000.00) per breach of this Agreement; provided further, to the extent of a breach of Paragraph 7 hereunder, Company’s obligations to make any further severance payments shall cease entirely and immediately. Nothing contained herein, and no exercise by the Company of any right or remedy, shall be construed as a waiver by the Company of any other rights or remedies that the Company may have.

Appears in 2 contracts

Samples: Severance Agreement and General Release, Severance Agreement and General Release (Bob Evans Farms Inc)

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Remedies for Breach by Employee. Employee agrees that it would be difficult to compensate the Company fully for damages for any violation of the provisions of this Agreement, including without limitation the provisions of Paragraphs 4, 5, 6, 89, 9 10 and 1011. Employee agrees that any breach of this Agreement by Employee would cause the Company and/or its Related Parties great and irreparable injury and damage, the actual amount of which cannot be reasonably or adequately compensated in damages in an action at law. Employee acknowledges that the Company shall, therefore, be entitled, in addition to any other remedies that it may have under this Agreement or at law, to receive injunctive and other equitable relief (including without limitation specific performance) to enforce any of the rights and privileges of the Company or any of the covenants or obligations of the Employee hereunder. In addition to any and all other remedies available to the Company, Employee agrees that the Company shall be entitled to recover from Employee liquidated damages in an amount no less than Twentytwenty-Five Thousand Dollars five percent ($25,000.0025%) per breach of this Agreement; the severance and Stock Acceleration provided further, to the extent of a breach of Paragraph 7 hereunder, Company’s obligations to make any further severance payments shall cease entirely and immediately. Nothing contained herein, and no exercise by the Company of any right or remedy, shall be construed as a waiver by the Company of any other rights or remedies that the Company may have.

Appears in 2 contracts

Samples: Severance Agreement and General Release (Bob Evans Farms Inc), Severance Agreement and General Release (Bob Evans Farms Inc)

Remedies for Breach by Employee. Employee agrees that it would be difficult to compensate the Company fully for damages for any violation of the provisions of this Agreement, including without limitation the provisions of Paragraphs Sections 4, 5, 6, 87, 9 8 and 109. Employee agrees that any breach of this Agreement by Employee would cause the Company and/or its Related Parties great and irreparable injury and damage, the actual amount of which cannot be reasonably or adequately compensated in damages in an action at law. Employee acknowledges that the Company shall, therefore, be entitled, in addition to any other remedies that it may have under this Agreement or at law, to receive injunctive and other equitable relief (including without limitation specific performance) to enforce any of the rights and privileges of the Company or any of the covenants or obligations of the Employee hereunder. In addition to any and all other remedies available to the Company, Employee agrees that the Company shall be entitled to recover from Employee liquidated damages in an amount no less than TwentyFifty-Five Thousand Two Thousand, Four Hundred and Forty-Eight Dollars and Seventy-Two Cents ($25,000.0052,448.72) per breach of this Agreement; provided further, to the extent of a breach of Paragraph 7 hereunder, Company’s obligations to make any further severance payments shall cease entirely and immediately. Nothing contained herein, and no exercise by the Company of any right or remedy, shall be construed as a waiver by the Company of any other rights or remedies that the Company may have. Further, if Employee can demonstrate that the Company breached the terms of this Agreement, the Company agrees to pay Employee for any damages proven and suffered as a result of such breach.

Appears in 1 contract

Samples: Retirement Agreement (Evans Bob Farms Inc)

Remedies for Breach by Employee. Employee agrees that it would be difficult to compensate the Company fully for damages for any violation of the provisions of this Agreement, including without limitation the provisions of Paragraphs Sections 4, 5, 6, 7 and 8, 9 and 10. Employee agrees that any breach of this Agreement by Employee would cause the Company and/or its Related Parties affiliates great and irreparable injury and damage, the actual amount of which cannot be reasonably or adequately compensated in damages in an action at law. Employee acknowledges that the Company shall, therefore, be entitled, in addition to any other remedies that it may have under this Agreement or at law, to receive injunctive and other equitable relief (including without limitation specific performance) to enforce any of the rights and privileges of the Company or any of the covenants or obligations of the Employee hereunder. In addition to any and all other remedies available to the Company, Employee agrees that the Company shall be entitled to recover from Employee liquidated damages in an amount no less than TwentySeventy-Five Thousand Thousand, Eight Hundred Dollars ($25,000.0075,800.00) per breach of this Agreement; provided further, to the extent of a breach of Paragraph 7 hereunder, Company’s obligations to make any further severance payments shall cease entirely and immediately. Nothing contained herein, and no exercise by the Company of any right or remedy, shall be construed as a waiver by the Company of any other rights or remedies that the Company may have. Further, if Employee can demonstrate that the Company breached the terms of this Agreement, the Company agrees to pay Employee for any damages proven and suffered as a result of such breach.

Appears in 1 contract

Samples: Retirement Agreement (Evans Bob Farms Inc)

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Remedies for Breach by Employee. Employee agrees that it would be difficult to compensate the Company fully for damages for any violation of the provisions of this Agreement, including without limitation the provisions of Paragraphs 4, 5, 6, 7, 8, 9 and 109. Employee agrees that any breach of this Agreement by Employee would cause the Company and/or its Related Parties great and irreparable injury and damage, the actual amount of which cannot be reasonably or adequately compensated in damages in an action at law. Employee acknowledges that the Company shall, therefore, be entitled, in addition to any other remedies that it may have under this Agreement or at law, to receive injunctive and other equitable relief (including without limitation specific performance) to enforce any of the rights and privileges of the Company or any of the covenants or obligations of the Employee hereunder. In addition to any and all other remedies available to the Company, Employee agrees that the Company shall be entitled to recover from Employee liquidated damages in an amount no less than Twenty-Five Fifty Thousand Dollars ($25,000.0050,000.00) per breach of this Agreement; provided further, to the extent of a breach of Paragraph 7 hereunder, Company’s obligations to make any further severance payments shall cease entirely and immediately. Nothing contained herein, and no exercise by the Company of any right or remedy, shall be construed as a waiver by the Company of any other rights or remedies that the Company may have.

Appears in 1 contract

Samples: Severance Agreement and General Release (Bob Evans Farms Inc)

Remedies for Breach by Employee. Employee agrees that it would be difficult to compensate the Company fully for damages for any violation of the provisions of this Agreement, including without limitation the provisions of Paragraphs 43, 5, 67, 8, 9 and 109. Employee agrees that any breach of this Agreement by Employee would cause the Company and/or its Related Parties great and irreparable injury and damage, the actual amount of which cannot be reasonably or adequately compensated in damages in an action at law. Employee acknowledges that the Company shall, therefore, be entitled, in addition to any other remedies that it may have under this Agreement or at law, to receive injunctive and other equitable relief (including without limitation specific performance) to enforce any of the rights and privileges of the Company or any of the covenants or obligations of the Employee hereunder. In addition to any and all other remedies available to the Company, Employee agrees that the Company shall be entitled to recover from Employee liquidated damages in an amount no less than Twenty-Five Thousand Dollars ($25,000.00) per breach of this Agreement; provided further, to the extent of a breach of Paragraph 7 hereunder, Company’s obligations to make any further severance payments shall cease entirely and immediately. Nothing contained herein, and no exercise by the Company of any right or remedy, shall be construed as a waiver by the Company of any other rights or remedies that the Company may have.

Appears in 1 contract

Samples: Severance Agreement and General Release (Bob Evans Farms Inc)

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