Common use of Remedies for Breach of Employee's Covenants Clause in Contracts

Remedies for Breach of Employee's Covenants. of Non-Disclosure and Non-Competition. In the event of a breach or threatened breach of any of the covenants in Sections 8 and 9, the Company shall have the right to seek monetary damages for any past breach and equitable relief, including specific performance by means of an injunction against the Employee or against the Employee's partners, agents, representatives, servants, employers, employees, family members, and/or any and all persons acting directly or indirectly by or with him, to prevent or restrain any further breach. In lieu thereof, or should a court refuse for any reason to grant equitable relief to prevent continuing breaches of the covenants in Sections 8 and 9, the Company shall be entitled to liquidated damages equal to fifty percent (50%) of the gross amount derived by the breaching party from all transactions in breach of said covenants, it being agreed that such amount represents the estimated amount of profit the Company could have derived if it had transacted the business in question and is not a penalty.