Common use of Specific Enforcement/Injunctive Relief Clause in Contracts

Specific Enforcement/Injunctive Relief. Executive agrees that it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but acknowledges that the potential for such damages would be great, incalculable and irremediable, and that monetary damages alone would be an inadequate remedy. Accordingly, Executive agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if Executive violates any such restrictive covenant, Executive agrees that the period of such violation shall be added to the term of the restriction. In determining the period of any violation, the Parties stipulate that in any calendar month in which Executive engages in any activity in violation of such provisions, Executive shall be deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provision. Executive acknowledges that the remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damages. Executive further agrees that the Company shall be entitled to an award of all costs and attorneys’ fees incurred by it in any attempt to enforce the terms of this Agreement if the Company prevails.

Appears in 21 contracts

Samples: Employment Agreement (Hill-Rom Holdings, Inc.), Employment Agreement (Hill-Rom Holdings, Inc.), Employment Agreement (Hill-Rom Holdings, Inc.)

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Specific Enforcement/Injunctive Relief. Executive agrees that acknowledges it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but covenants set forth in this Agreement. Executive further acknowledges that the potential for such damages would be great, incalculable and irremediable, and that monetary damages alone would be an inadequate remedy. Accordingly, Executive agrees that the Company shall will be entitled to seek immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if If Executive violates any such restrictive covenantcovenant set forth in this Agreement, Executive agrees that the period of such violation shall will be added to the term of the restriction. In determining the period of any violation, the Parties stipulate that in any calendar month in which Executive engages in any activity in violation of such provisions, Executive shall will be deemed to have violated such provision for the entire month, and that month shall will be added to the duration of the non-competition provision. Executive acknowledges that the remedies described above shall will not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damages. Executive further agrees that the Company shall will be entitled to an award of all costs and attorneys’ fees incurred by it if successful in any attempt to enforce the terms establishing a violation of this Agreement if the Company prevailsAgreement.

Appears in 1 contract

Samples: Employment Agreement (Amtrust Financial Services, Inc.)

Specific Enforcement/Injunctive Relief. Executive agrees that it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but acknowledges that the potential for such damages would be great, incalculable and irremediable, and that monetary damages alone would be an inadequate remedy. Accordingly, Executive agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if Executive violates any such restrictive covenant, Executive agrees that the period of such violation shall be added to the term of the restriction. In determining the period of any violation, the Parties stipulate that in any calendar month in which Executive engages in any activity in violation of such provisions, Executive shall be deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provision. Executive acknowledges that the remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damages. Executive further agrees that the Company shall be entitled to an award of all costs and attorneys’ fees incurred by it in any attempt to enforce the terms of this Agreement if the Company prevailsAgreement.

Appears in 1 contract

Samples: Employment Agreement (Hillenbrand Industries Inc)

Specific Enforcement/Injunctive Relief. Executive agrees acknowledges that it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but covenants set forth in this Amendment. Executive further acknowledges that the potential for such damages would be great, incalculable and irremediable, and that monetary damages alone would be an inadequate remedy. Accordingly, Executive agrees that the Company shall be entitled to seek immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if If Executive violates any such restrictive covenantcovenant set forth in this Amendment, Executive agrees that the period of such violation shall be added to the term of the restriction. In determining the period of any violation, the Parties parties stipulate that in any calendar month in which Executive engages in any activity in violation of such provisions, Executive shall be deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provision. Executive acknowledges that the remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damages. Without limiting the generality for the foregoing, Executive further agrees that any violation of the Company Agreement or this Amendment, will eliminate his entitlement to separation payments and benefits, including such payments already received and, with respect to payments received, Executive shall be entitled required to an award of all costs and attorneys’ fees incurred immediately return any such amounts requested by it in any attempt to enforce the terms of this Agreement if the Company prevailsCompany.

Appears in 1 contract

Samples: Separation Benefit Agreement (SiteOne Landscape Supply, Inc.)

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Specific Enforcement/Injunctive Relief. Executive agrees that it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but acknowledges that the potential for such damages would be great, incalculable and irremediableirremedial, and that monetary damages alone would be an inadequate remedy. Accordingly, Executive agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if Executive violates any such restrictive covenant, Executive agrees that the period of such violation shall be added to the term of the restriction. In determining the period of any violation, the Parties stipulate that in any calendar month in which Executive engages in any activity in violation violative of such provisions, Executive shall be deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provision. Executive acknowledges that the remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damages. Executive further agrees that the Company shall be entitled to an award of all costs and attorneys' fees incurred by it in any attempt to enforce the terms of this Agreement Agreement, if the Company prevails.

Appears in 1 contract

Samples: Employment Agreement (Hillenbrand Industries Inc)

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