Common use of RIGHT TO SEEK INJUNCTIVE RELIEF Clause in Contracts

RIGHT TO SEEK INJUNCTIVE RELIEF. Employee agrees that in addition and without prejudice to Employer’s right to seek legal, equitable, and/or any other form of relief, a breach of any of the provisions set forth in paragraph 7 (Confidentiality of Proprietary Information), paragraph 8 (Intellectual Property Rights), paragraph 9 (Covenant Not to Compete), paragraph 10 (Non-Solicitation), paragraph 11 (Confidentiality of Agreement), and/or paragraph 12 (Non-Disparagement) of this Agreement shall be temporarily, preliminarily, and/or permanently enjoined by any court of competent jurisdiction upon motion by Employer upon notice to Employee without a need to show irreparable injury. If the period of time or the geographic scope identified in paragraphs 10 or 11 of this Agreement should be adjudged unreasonable in any proceeding to enforce this Agreement, then the period of time shall be reduced by such number of months or the geographical scope shall be reduced by the elimination of such portion thereof, or both, so that such restrictions may be enforced for such time and in such geographical area as is adjudged to be reasonable.

Appears in 2 contracts

Samples: Severance, General Release, and Indemnity Agreement (Hawaiian Holdings Inc), Severance, General Release, and Indemnity Agreement (Hawaiian Airlines Inc/Hi)

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RIGHT TO SEEK INJUNCTIVE RELIEF. Employee agrees that in addition and without prejudice to Employer’s 's right to seek legal, equitable, and/or any other form of relief, a breach of any of the provisions set forth in paragraph 7 (Confidentiality of Proprietary Information), paragraph 8 (Intellectual Property Rights), paragraph 9 (Covenant Not to Compete), paragraph 10 (Non-Solicitation), paragraph 11 (Confidentiality of Agreement), and/or paragraph 12 (Non-Disparagement) of this Agreement shall be temporarily, preliminarily, and/or permanently enjoined by any court of competent jurisdiction upon motion by Employer upon notice to Employee without a need to show irreparable injury. If the period of time or the geographic scope identified in paragraphs 10 or 11 of this Agreement should be adjudged unreasonable in any proceeding to enforce this Agreement, then the period of time shall be reduced by such number of months or the geographical scope shall be reduced by the elimination of such portion thereof, or both, so that such restrictions may be enforced for such time and in such geographical area as is adjudged to be reasonable.

Appears in 1 contract

Samples: And Indemnity Agreement (Hawaiian Airlines Inc/Hi)

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RIGHT TO SEEK INJUNCTIVE RELIEF. Employee agrees that in addition and without prejudice to Employer’s right to seek legal, equitable, and/or any other form of relief, a breach of any of the provisions set forth in paragraph 7 (Confidentiality of Proprietary Information), paragraph 8 (Intellectual Property Rights), paragraph 9 (Covenant Not to Compete), paragraph 10 (Non-Solicitation), paragraph 11 (Confidentiality of Agreement), and/or paragraph 12 (Non-Disparagement) of this Agreement shall be temporarily, preliminarily, and/or permanently enjoined by any court of competent jurisdiction upon motion by Employer upon notice to Employee without a need to show irreparable injury. If the period of time or the geographic scope identified in paragraphs 9 or 10 or 11 of this Agreement should be adjudged unreasonable in any proceeding to enforce this Agreement, then the period of time shall be reduced by such number of months or the geographical scope shall be reduced by the elimination of such portion thereof, or both, so that such restrictions may be enforced for such time and in such geographical area as is adjudged to be reasonable.

Appears in 1 contract

Samples: Severance, General Release, and Indemnity Agreement (Hawaiian Holdings Inc)

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