Common use of SURVIVAL AND REMEDIES Clause in Contracts

SURVIVAL AND REMEDIES. Executive’s obligations of nondisclosure, non-solicitation, non-interference, and non-competition under this Agreement shall survive the cessation of Executive’s employment with the Company and shall remain enforceable. In addition, Executive acknowledges that upon a breach or threatened breach of any obligation of nondisclosure, non-solicitation, non-interference, or non-competition of this Agreement, the Company may suffer irreparable harm and damage for which money alone cannot fully compensate the Company. Executive therefore agrees that upon such breach or threat of imminent breach of any such obligation, the Company shall be entitled to seek a temporary restraining order, preliminary injunction, permanent injunction or other injunctive relief, without posting any bond or other security, barring Executive from violating any such provision. This Section 9 shall not be construed as an election of any remedy, or as a waiver of any right available to the Company under this Agreement or the law, including the right to seek damages from Executive for a breach of any provision of this Agreement and the right to require Executive to account for and pay over to the Company all profits or other benefits derived or received by Executive as the result of such a breach, nor shall this Section 9 be construed to limit the rights or remedies available under state law for any violation of any provision of this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (DiaMedica Therapeutics Inc.), Employment Agreement (DiaMedica Therapeutics Inc.), Employment Agreement (DiaMedica Therapeutics Inc.)

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SURVIVAL AND REMEDIES. ExecutiveEmployee’s obligations of nondisclosure, non-solicitationnonsolicitation, non-interferencenoninterference, and non-competition noncompetition under this Agreement shall survive the cessation of ExecutiveEmployee’s employment with the Company and shall remain enforceable. In addition, Executive Employee acknowledges that upon a breach or threatened breach of any obligation of nondisclosure, non-solicitationnonsolicitation, non-interferencenoninterference, or non-competition noncompetition of this Agreement, the Company may suffer irreparable harm and damage for which money alone cannot fully compensate the Company. Executive Employee therefore agrees that upon such breach or threat of imminent breach of any such obligation, the Company shall be entitled to seek a temporary restraining order, preliminary injunction, permanent injunction or other injunctive relief, without posting any bond or other security, barring Executive Employee from violating any such provision. This Section 9 Paragraph shall not be construed as an election of any remedy, or as a waiver of any right available to the Company under this Agreement or the law, including the right to seek damages from Executive Employee for a breach of any provision of this Agreement and the right to require Executive Employee to account for and pay over to the Company all profits or other benefits derived or received by Executive Employee as the result of such a breach, nor shall this Section 9 Paragraph be construed to limit the rights or remedies available under state law for any violation of any provision of this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.)

SURVIVAL AND REMEDIES. ExecutiveEmployee’s obligations of nondisclosure, non-solicitationnonsolicitation, non-interferencenoninterference, and non-competition noncompetition under this Agreement shall survive the cessation of ExecutiveEmployee’s employment with the Company and shall remain enforceable. In addition, Executive Employee acknowledges that upon a breach or threatened breach of any obligation of nondisclosure, non-solicitationnonsolicitation, non-interferencenoninterference, or non-competition noncompetition of this Agreement, the Company may will suffer irreparable harm and damage for which money alone cannot fully compensate the Company. Executive Employee therefore agrees that upon such breach or threat of imminent breach of any such obligation, the Company shall be entitled to seek a temporary restraining order, preliminary injunction, permanent injunction or other injunctive relief, without posting any bond or other security, barring Executive Employee from violating any such provision. This Section 9 shall not be construed as an election of any remedy, or as a waiver of any right available to the Company under this Agreement or the law, including the right to seek damages from Executive Employee for a breach of any provision of this Agreement and the right to require Executive Employee to account for and pay over to the Company all profits or other benefits derived or received by Executive the Employee as the result of such a breach, nor shall this Section 9 be construed to limit the rights or remedies available under state Colorado law for any violation of any provision of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Bacterin International Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.)

SURVIVAL AND REMEDIES. Executive’s obligations of nondisclosure, non-solicitation, non-interference, and non-competition under this Agreement shall survive the cessation of Executive’s employment with the Company and shall remain enforceable. In addition, Executive acknowledges that upon a breach or threatened breach of any obligation of nondisclosure, non-solicitation, non-interference, or non-competition of this Agreement, the Company may suffer irreparable harm and damage for which money alone cannot fully compensate the Company. Executive therefore agrees that upon such breach or threat of imminent breach of any such obligation, the Company shall be entitled to seek a temporary restraining order, preliminary injunction, permanent injunction or other injunctive relief, without posting any bond or other security, barring Executive from violating any such provision. This Section 9 shall not be construed as an election of any remedy, or as a waiver of any right available to the Company under this Agreement or the law, including the right to seek damages from Executive for a breach of any provision of this Agreement and the right to require Executive to account for and pay over to the Company all profits or other benefits derived or received by Executive as the result of such a breach, nor shall this Section 9 be construed to limit the rights or remedies available under state law for any violation of any provision of this Agreement.. BY DIAMEDICA THERAPEUTICS INC. PURSUANT TO 17 C.F.R. SECTION 200.83

Appears in 1 contract

Samples: Employment Agreement (DiaMedica Therapeutics Inc.)

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SURVIVAL AND REMEDIES. Executive’s obligations of nondisclosure, non-solicitation, non-interference, and non-competition under this Agreement shall survive the cessation of Executive’s employment with the Company and shall remain enforceable. In addition, Executive acknowledges that upon a breach or threatened breach of any obligation of nondisclosure, non-solicitation, non-interference, or non-competition noncompetition of this Agreement, the Company may suffer irreparable harm and damage for which money alone cannot fully compensate the Company. Executive therefore agrees that upon such breach or threat of imminent breach of any such obligation, the Company shall be entitled to seek a temporary restraining order, preliminary injunction, permanent injunction or other injunctive relief, without posting any bond or other security, barring Executive from violating any such provision. This Section 9 shall not be construed as an election of any remedy, or as a waiver of any right available to the Company under this Agreement or the law, including the right to seek damages from Executive for a breach of any provision of this Agreement and the right to require Executive to account for and pay over to the Company all profits or other benefits derived or received by Executive as the result of such a breach, nor shall this Section 9 be construed to limit the rights or remedies available under state law for any violation of any provision of this Agreement.

Appears in 1 contract

Samples: Interim Executive Employment Agreement (Xtant Medical Holdings, Inc.)

SURVIVAL AND REMEDIES. ExecutiveEmployee’s obligations of nondisclosure, non-solicitationnonsolicitation, non-interferencenoninterference, and non-competition noncompetition under this Agreement shall survive the cessation of ExecutiveEmployee’s employment with the Company and shall remain enforceable. In addition, Executive Employee acknowledges that upon a breach or threatened breach of any obligation of nondisclosure, non-solicitationnonsolicitation, non-interferencenoninterference, or non-competition noncompetition of this Agreement, the Company may suffer irreparable harm and damage for which money alone cannot fully compensate the Company. Executive Employee therefore agrees that upon such breach or threat of imminent breach of any such obligation, the Company shall be entitled to seek a temporary restraining order, preliminary injunction, permanent injunction or other injunctive relief, without posting any bond or other security, barring Executive Employee from violating any such provision. This Section 9 shall not be construed as an election of any remedy, or as a waiver of any right available to the Company under this Agreement or the law, including the right to seek damages from Executive Employee for a breach of any provision of this Agreement and the right to require Executive Employee to account for and pay over to the Company all profits or other benefits derived or received by Executive the Employee as the result of such a breach, nor shall this Section 9 be construed to limit the rights or remedies available under state law for any violation of any provision of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Bacterin International Holdings, Inc.)

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