Common use of Right of Injunction Clause in Contracts

Right of Injunction. The Employee acknowledges that the harm and injury to the Company that would result from the breach or threatened breach of any of the provisions of Sections 6, 7, 8 or 9 of this Agreement (the "Injunctive Sections") by the ------------------- Employee cannot be adequately compensated for in money damages. The Employee further acknowledges that any breach of any of the provisions of the Injunctive Sections by him would cause the Company irreparable harm. Therefore, the Employee agrees that in the event of a breach or threatened breach of any of the provisions of the Injunctive Sections by him, the Company shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Employee in a court of equity from violating or threatening to violate its obligations under the Injunctive Sections; and in any such lawsuit seeking an injunction restraining the Employee from such actual or threatened breach, shall not be required to prove (i) that irreparable harm or injury would result from the breach of said Injunctive Sections, or (ii) that the Company has no adequate remedy at law. The Employee shall reimburse the Company for all reasonable costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred in connection with the enforcement of any of the provisions of the Injunctive Sections. Nothing contained herein shall be construed as prohibiting the Company or the Employee from pursuing any other remedies (including, without limitation, an action for damages) which may be available for any actual or threatened breach of any provision this Agreement, and the pursuit of an injunction or any other particular remedy shall not be deemed to be an election of such remedy to the exclusion of any other remedy.

Appears in 3 contracts

Samples: Employment Agreement (Euniverse Inc), Employment Agreement (Euniverse Inc), Employment Agreement (Euniverse Inc)

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Right of Injunction. The Employee Executive acknowledges that the harm and injury to the Company that which would result from the breach or threatened breach of any of the provisions of Sections 6, 7, 8 or 9 of this Agreement (the "Injunctive Sections") by the ------------------- Employee Executive cannot be adequately compensated for in money damages. The Employee Executive further acknowledges that any breach of any of the provisions of the Injunctive Sections by him would cause the Company irreparable harm. Therefore, the Employee Executive agrees that in the event of a breach or threatened breach of any of the provisions of the Injunctive Sections by him, the Company shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Employee in a court of equity from violating or threatening to violate its obligations under the Injunctive Sections; and in any such lawsuit seeking an injunction restraining the Employee Executive from such actual or threatened breach, shall not be required to prove (i) that irreparable harm or injury would result from the breach of said Injunctive Sections, or (ii) that the Company has no adequate remedy at law. The Employee Executive shall reimburse the Company for all reasonable costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred in connection with the enforcement of any of the provisions of the Injunctive SectionsSections if it is determined that the Company was entitled to such relief. Nothing contained herein shall be construed as prohibiting the Company or the Employee Executive from pursuing any other remedies (including, without limitation, an action for damages) which may be available for any actual or threatened breach of any provision this Agreement, and the pursuit of an injunction or any other particular remedy shall not be deemed to be an election of such remedy to the exclusion of any other remedy.

Appears in 1 contract

Samples: Employment Agreement (Euniverse Inc)

Right of Injunction. The Employee acknowledges that the harm and injury to the Company that which would result from the breach or threatened breach of any of the provisions of Sections 6, 7, 8 or 9 of this Agreement (the "Injunctive Sections") by the ------------------- Employee cannot be adequately compensated for in money damages. The Employee further acknowledges that any breach of any of the provisions of the Injunctive Sections by him would cause the Company irreparable harm. Therefore, the Employee agrees that in the event of a breach or threatened breach of any of the provisions of the Injunctive Sections by him, the Company shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Employee in a court of equity from violating or threatening to violate its obligations under the Injunctive Sections; and in any such lawsuit seeking an injunction restraining the Employee from such actual or threatened breach, shall not be required to prove (i) that irreparable harm or injury would result from the breach of said Injunctive Sections, or (ii) that the Company has no adequate remedy at law. The Employee shall reimburse the Company for all reasonable costs and expenses (including, without limitation, reasonable attorney's attorneys’ fees and expenses) incurred in connection with the enforcement of any of the provisions of the Injunctive SectionsSections if it is determined that the Company was entitled to such relief. Nothing contained herein in this Section 10 shall be construed as prohibiting the Company or the Employee from pursuing any other remedies (including, without limitation, an action for damages) which may be available for any actual or threatened breach of any provision this Agreement, and the pursuit of an injunction or any other particular remedy shall not be deemed to be an election of such remedy to the exclusion of any other remedy.

Appears in 1 contract

Samples: Employment Agreement (CST Holding Corp.)

Right of Injunction. The Employee Executive acknowledges that the harm and injury to the Company that which would result from the breach or threatened breach of any of the provisions of Sections 6, 7, 8 or 9 of this Agreement (the "Injunctive Sections") by the ------------------- Employee Executive cannot be adequately compensated for in money damages. The Employee Executive further acknowledges that any breach of any of the provisions of the Injunctive Sections by him would cause the Company irreparable harm. Therefore, the Employee Executive agrees that in the event of a breach or threatened breach of any of the provisions of the Injunctive Sections by him, the Company shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Employee in a court of equity from violating or threatening to violate its obligations under the Injunctive Sections; and in any such lawsuit seeking an injunction restraining the Employee Executive from such actual or threatened breach, shall not be required to prove (i) that irreparable harm or injury would result from the breach of said Injunctive Sections, or (ii) that the Company has no adequate remedy at law. The Employee Executive shall reimburse the Company for all reasonable costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred in connection with the enforcement of any of the provisions of the Injunctive SectionsSections if it is determined that the Company was entitled to such relief. Nothing contained herein shall be construed as prohibiting the Company or the Employee Executive from pursuing any other remedies (including, without limitation, an action for damages) which may be available for any actual or threatened breach of any provision this Agreement, and the pursuit of an injunction or any other particular remedy shall not be deemed to be an election of such remedy to the exclusion of any other remedy.

Appears in 1 contract

Samples: Employment Agreement (Euniverse Inc)

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Right of Injunction. The Employee acknowledges that the harm and injury to the Company that which would result from the breach or threatened breach of any of the provisions of Sections 6, 7, 8 or 9 of this Agreement (the "Injunctive Sections") by the ------------------- Employee cannot be adequately compensated for in money damages. The Employee further acknowledges that any breach of any of the provisions of the Injunctive Sections by him would cause the Company irreparable harm. Therefore, the Employee agrees that in the event of a breach or threatened breach of any of the provisions of the Injunctive Sections by him, the Company shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Employee in a court of equity from violating or threatening to violate its obligations under the Injunctive Sections; and in any such lawsuit seeking an injunction restraining the Employee from such actual or threatened breach, shall not be required to prove (i) that irreparable harm or injury would result from the breach of said Injunctive Sections, or (ii) that the Company has no adequate remedy at law. The Employee shall reimburse the Company for all reasonable costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred in connection with the enforcement of any of the provisions of the Injunctive SectionsSections if it is determined that the Company was entitled to such relief. Nothing contained herein shall be construed as prohibiting the Company or the Employee from pursuing any other remedies (including, without limitation, an action for damages) which may be available for any actual or threatened breach of any provision this Agreement, and the pursuit of an injunction or any other particular remedy shall not be deemed to be an election of such remedy to the exclusion of any other remedy.

Appears in 1 contract

Samples: Employment Agreement (Euniverse Inc)

Right of Injunction. The Employee Executive acknowledges that the harm and injury to the Company that which would result from the breach or threatened breach of any of the provisions of Sections 6, 7, 8 or 9 6 and 12 of this Agreement (the "Injunctive Sections") by the ------------------- Employee Executive cannot be adequately compensated for in money damages. The Employee Executive further acknowledges that any breach of any of the provisions of the Injunctive Sections by him would cause the Company irreparable harm. Therefore, the Employee Executive agrees that in the event of a breach or threatened breach of any of the provisions of the Injunctive Sections by him, the Company shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Employee in a court of equity from violating or threatening to violate its obligations under the Injunctive Sections; and in any such lawsuit seeking an injunction restraining the Employee Executive from such actual or threatened breach, shall not be required to prove (i) that irreparable harm or injury would result from the breach of said Injunctive Sections, or (ii) that the Company has no adequate remedy at law. The Employee prevailing party shall reimburse the Company other party for all reasonable costs and expenses (including, without limitation, reasonable attorney's attorneys’ fees and expenses) incurred in connection with the enforcement or denial of enforcement of any of the provisions of the Injunctive Sections. Nothing contained herein shall be construed as prohibiting the Company or the Employee Executive from pursuing any other remedies (including, without limitation, an arbitration action for damages) which may be available for any actual or threatened breach of any provision this Agreement, and the pursuit of an injunction or any other particular remedy shall not be deemed to be an election of such remedy to the exclusion of any other remedy.

Appears in 1 contract

Samples: Membership Interests Purchase Agreement (RadNet, Inc.)

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