Common use of Remedies; Injunctive Relief Clause in Contracts

Remedies; Injunctive Relief. The Executive acknowledges and agrees that the Company and its Affiliates will have no adequate remedy at law and will be irreparably harmed if the Executive breaches or threatens to breach any of the Restrictive Covenants. The Executive agrees that the Company, its Affiliates and the other members of the Company Group shall be entitled to equitable and/or injunctive relief to prevent any breach or threatened breach of any of the Restrictive Covenants, and to specific performance of each of the terms thereof, in each case, in addition to any other legal or equitable remedies that the Company and its Affiliates may have, as well as the costs and reasonable attorneys’ fees it/they incur in enforcing any of the Restrictive Covenants. The Executive further agrees that (i) any breach or claimed breach of the provisions set forth in this Agreement by, or any other claim the Executive may have against, the Company or any of its Affiliates will not be a defense to enforcement of any Restrictive Covenant and (ii) the circumstances of the Executive’s termination of employment with the Company will have no impact on the Executive’s obligations to comply with any Restrictive Covenant. The Restrictive Covenants are intended for the benefit of the Company and each of its Affiliates and other members of the Company Group. Each Affiliate of the Company and each member of the Company Group is an intended third party beneficiary of the Restrictive Covenants, and each Affiliate of the Company and member of the Company Group, as well as any successor or assign of the Company or such Affiliate or member of the Company Group, may enforce the Restrictive Covenants. The Executive further agrees that the Restrictive Covenants are in addition to, and not in lieu of, any non-competition, non-solicitation, protection of confidential information or intellectual property, or other similar covenants in favor of the Company or any of its Affiliates or member of the Company Group by which the Executive may be bound, and any such non-competition, non-solicitation, protection of confidential information or intellectual property, or other similar covenants shall not supersede, or be superseded by, the Restrictive Covenants.

Remedies; Injunctive Relief. Upon any material breach by the Executive of the restrictive covenants contained in this Section 10 within three (3) years of a Termination Date, the Company will cease to make any further severance payments (if applicable), and will be entitled to prompt reimbursement from the Executive of any severance amounts already paid to him since the date of such breach, upon ten (10) days prior written demand by the Company, all in addition to any other remedy which may be available to the Company and its Affiliates at law or in equity. The foregoing rights and remedies are in addition to any other rights and remedies that may be available to the Company and shall not prevent (and the Executive shall not assert that they shall prevent) the Company from bringing one or more actions in any applicable jurisdiction to recover damages as a result of the Executive’s breach of such restrictive covenants. The Executive acknowledges and agrees that irreparable injury will result to the Company and its Affiliates will have no adequate remedy at law and will be irreparably harmed goodwill if the Executive breaches or threatens to breach any of the Restrictive Covenants. The Executive agrees that the Company, its Affiliates and the other members terms of the Company Group shall covenants set forth in this Section 10, the exact amount of which will be entitled difficult or impossible to equitable and/or injunctive relief to prevent ascertain, and that remedies at law would be an inadequate remedy for any breach or threatened breach. Accordingly, the Executive hereby agrees that, in the event of a breach of any of the Restrictive Covenants, and to specific performance of each of the terms thereof, covenants contained in each casethis Section 10, in addition to any other legal remedy which may be available at law or equitable remedies that in equity, the Company shall be entitled to specific performance and its Affiliates may have, as well as the costs and reasonable attorneys’ fees it/they incur in enforcing any of the Restrictive Covenantsinjunctive relief. The Executive further agrees Company hereby acknowledges that (i) any breach or claimed a breach of the provisions set forth Company’s covenant contained in this Agreement bySection 10(d) will cause irreparable damage to the Executive, the exact amount of which will be difficult or impossible to ascertain, and that the remedies at law for any other claim the Executive may have againstsuch breach will be inadequate. Accordingly, the Company or any hereby agrees that, in the event of its Affiliates will not be a defense to enforcement of any Restrictive Covenant and (ii) the circumstances breach of the ExecutiveCompany’s termination of employment with the Company will have no impact on the Executive’s obligations to comply with any Restrictive Covenant. The Restrictive Covenants are intended for the benefit of the Company and each of its Affiliates and other members of the Company Group. Each Affiliate of the Company and each member of the Company Group is an intended third party beneficiary of the Restrictive Covenantscovenant contained in Section 10(d), and each Affiliate of the Company and member of the Company Group, as well as any successor or assign of the Company or such Affiliate or member of the Company Group, may enforce the Restrictive Covenants. The Executive further agrees that the Restrictive Covenants are in addition toto any other remedy which may be available at law or in equity, and not in lieu of, any non-competition, non-solicitation, protection of confidential information or intellectual property, or other similar covenants in favor of the Company or any of its Affiliates or member of the Company Group by which the Executive may shall be bound, entitled to specific performance and any such non-competition, non-solicitation, protection of confidential information or intellectual property, or other similar covenants shall not supersede, or be superseded by, the Restrictive Covenantsinjunctive relief.