Common use of Breach of Restrictive Covenants Clause in Contracts

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 hereof may result in material irreparable injury to the Company Group for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 hereof, restraining Employee from engaging in activities prohibited by Section 10 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 hereof. Notwithstanding any other provision to the contrary, the Restricted Period shall be tolled during any period of violation of any of the covenants in Section 10 (b) or (c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee if it is ultimately determined that Employee was in breach of such covenants.

Appears in 17 contracts

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

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Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 9 hereof may result in material irreparable injury to the Company Group for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the posting of a bond or the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 9 hereof, restraining Employee from engaging in activities prohibited by Section 10 9 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 9 hereof. Notwithstanding any other provision to the contrary, the Restricted Period Non-Compete Period, in the case of the covenants contained in Section 9(b), and the Non-Interference Period, in the case of the covenants contained in Section 9(c), shall be tolled during any period of violation of any of the such covenants in Section 10 (b) or (c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 14 contracts

Samples: Employment Agreement (Allied World Assurance Co Holdings, AG), Employment Agreement (Allied World Assurance Co Holdings, AG), Employment Agreement (Allied World Assurance Co Holdings, AG)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 9 hereof may result in material irreparable injury to the Company Group or its subsidiaries for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 9 hereof, restraining Employee from engaging in activities prohibited by Section 10 9 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 9 hereof. Notwithstanding any other provision to the contrary, the Restricted Period shall be tolled during any period of violation of any of the covenants in Section 10 (b9(b) or (c9(c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 9 contracts

Samples: Employment Agreement (CCS Medical Holdings, Inc.), Employment Agreement (CCS Medical Holdings, Inc.), Employment Agreement (CCS Medical Holdings, Inc.)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 9 hereof may result in material irreparable injury to the Company Group or its subsidiaries for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the posting of a bond or the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 9 hereof, restraining Employee from engaging in activities prohibited by Section 10 9 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 9 hereof. Notwithstanding any other provision to the contrary, the Restricted Period Non-Compete Period, in the case of the covenants contained in Section 9(b), and the Non-Interference Period, in the case of the covenants contained in Section 9(c), shall be tolled during any period of violation of any of the such covenants in Section 10 (b) or (c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 4 contracts

Samples: Employment Agreement (Allied World Assurance Co Holdings, AG), Employment Agreement (Allied World Assurance Co Holdings LTD), Employment Agreement (Allied World Assurance Co Holdings LTD)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 hereof may result in material irreparable injury to the Company Group or its subsidiaries for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company (or any subsidiary thereof, as applicable) shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 hereof, restraining Employee from engaging in activities prohibited by Section 10 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 hereof. Notwithstanding any other provision to the contrary, the Restricted Period shall be tolled during any period of violation of any of the covenants in Section 10 (b10(b) or (c10(c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 3 contracts

Samples: Employment Agreement (Allos Therapeutics Inc), Employment Agreement (Allos Therapeutics Inc), Employment Agreement (Allos Therapeutics Inc)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee Executive acknowledges that a breach of any of the covenants contained in Section 10 9 hereof may result in material irreparable injury to the Company Group or its Affiliates for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 9 hereof, restraining Employee Executive from engaging in activities prohibited by Section 10 9 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 9 hereof. Notwithstanding any other provision to the contrary, the Restricted Period shall be tolled during any period of violation of any of the covenants in Section 10 (b9(c) or (cd) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee Executive or another Person with whom Executive is affiliated if it is ultimately determined that Employee Executive was in breach of such covenants.

Appears in 2 contracts

Samples: Employment Agreement (Renaissancere Holdings LTD), Employment Agreement (Renaissancere Holdings LTD)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 8 hereof may result in material irreparable injury to the Company Group or its subsidiaries for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 8 hereof, restraining Employee from engaging in activities prohibited by Section 10 8 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 8 hereof. Notwithstanding any other provision to the contrary, the Restricted Period shall be tolled during any period of violation of any of the covenants in Section 10 8 (b) or (c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 2 contracts

Samples: Employment Agreement (Renaissancere Holdings LTD), Employment Agreement (Renaissancere Holdings LTD)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee Executive acknowledges that a breach of any of the covenants contained in Section 10 9 hereof may shall result in material irreparable injury to the Company Group or its Affiliates for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm posting any bond or injury as a result of such breach or threatened breach of Section 10 hereofsecurity, restraining Employee Executive from engaging in activities prohibited by Section 10 9 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 9 hereof. Notwithstanding any other provision to the contrary, both the Restricted Non-Competition Period and the Non-Interference Period shall be tolled during any period of violation of any of the covenants in Section 10 (b9(c) or (cd) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee Executive or another Person with whom Executive is affiliated if it is ultimately determined that Employee Executive was in breach of such covenants.

Appears in 2 contracts

Samples: Employment Agreement (Renaissancere Holdings LTD), Employment Agreement (Renaissancere Holdings LTD)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 9 hereof may result in material irreparable injury to the Company Group or its subsidiaries for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 9 hereof, restraining Employee from engaging in activities prohibited by Section 10 9 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 9 hereof. Notwithstanding any other provision to the contrary, the Restricted Period shall be tolled during any period of violation of any of the covenants in Section 10 (b9(b) or (c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Renaissancere Holdings LTD)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 9 hereof may result in material irreparable injury to the Company Group or its subsidiaries for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 9 hereof, restraining Employee from engaging in activities prohibited by Section 10 9 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 9 hereof. Notwithstanding any other provision to the contrary, the Restricted Period shall be tolled during any period of violation of any of the covenants in Section 10 9 (b) or (c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Renaissancere Holdings LTD)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 8 hereof may result in material irreparable injury to the Company Group or its Affiliates for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely precisely, and that, that in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 8 hereof, restraining Employee from engaging in activities prohibited by Section 10 8 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 8 hereof. Notwithstanding any other provision to the contrary, both the Restricted Non-Competition Period and the Non-Interference Period shall be tolled during any period of violation of any of the covenants in Section 10 8 (b) or (c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Renaissancere Holdings LTD)

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Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 5 hereof may result in material irreparable injury to the Company Group for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the posting of a bond or the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 5 hereof, restraining Employee from engaging in activities prohibited by Section 10 5 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 5 hereof. Notwithstanding any other provision to the contrary, the Restricted Period Non-Compete Period, in the case of the covenants contained in Section 5(a), and the Non-Interference Period, in the case of the covenants contained in Section 5(b), shall be tolled during any period of violation of any of the such covenants in Section 10 (b) or (c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 1 contract

Samples: Employment / Consulting Agreement (Allied World Assurance Co Holdings, AG)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 8 hereof may result in material irreparable injury to the Company Group or its subsidiaries for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 8 hereof, restraining Employee from engaging in activities prohibited by Section 10 8 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 8 hereof. Notwithstanding any other provision to the contrary, the Restricted Period and the Extended Restricted Period, as applicable, shall be tolled during any period of violation of any of the covenants in Section 10 8 (b) or (c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Renaissancere Holdings LTD)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 8 hereof may result in material irreparable injury to the Company Group or its Affiliates for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 8 hereof, restraining Employee from engaging in activities prohibited by Section 10 8 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 8 hereof. Notwithstanding any other provision to the contrary, both the Restricted Non-Competition Period and the Non-Interference Period shall be tolled during any period of violation of any of the covenants in Section 10 (b8(c) or (cd) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Renaissancere Holdings LTD)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 9 or Section 11(a)(iv) hereof may result in material irreparable injury to the Company Group or its subsidiaries for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 9 or Section 11(a)(iv) hereof, restraining Employee from engaging in activities prohibited by Section 10 9 or Section 11(a)(iv) hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 9 or Section 11(a)(iv) hereof. Notwithstanding any other provision to the contrary, the Restricted Period shall be tolled during any period of violation of any of the covenants in Section 10 (b9(b) or (c9(c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Paxson Communications Corp)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee Executive acknowledges that a breach of any of the covenants contained in Section 10 9 hereof may result in material irreparable injury to the Company Group or its Affiliates for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 9 hereof, restraining Employee Executive from engaging in activities prohibited by Section 10 9 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 9 hereof. Notwithstanding any other provision to the contrary, both the Restricted Non-Competition Period and the Non-Interference Period shall be tolled during any period of violation of any of the covenants in Section 10 (b9(c) or (cd) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee Executive or another Person with whom Executive is affiliated if it is ultimately determined that Employee Executive was in breach of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Renaissancere Holdings LTD)

Breach of Restrictive Covenants. Without limiting the remedies available to the Company, Employee acknowledges that a breach of any of the covenants contained in Section 10 9 hereof may result in material irreparable injury to the Company Group or its subsidiaries for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction, without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach of Section 10 9 hereof, restraining Employee from engaging in activities prohibited by Section 10 9 hereof or such other relief as may be required specifically to enforce any of the covenants in Section 10 9 hereof. Notwithstanding any other provision to the contrary, both the Restricted Non-Competition Period and the Non-Interference Period shall be tolled during any period of violation of any of the covenants in Section 10 (b9(b) or (c) hereof and during any other period required for litigation during which the Company seeks to enforce such covenants against Employee or another Person with whom Employee is affiliated if it is ultimately determined that Employee was in breach of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Renaissancere Holdings LTD)

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