Injunctive Relief; Jurisdiction. The Stockholder and the Company agree that irreparable damage would occur and that Parent would not have any adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Parent shall be entitled to an injunction or injunctions to prevent breaches by the Stockholder or the Company of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware or in any Delaware state court (collectively, the "Courts"), this being in addition to any other remedy to which they are entitled at law or in equity. In addition, each of the parties hereto (i) irrevocably consents to the submission of such party to the personal jurisdiction of the Courts in the event that any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such party to the personal jurisdiction by motion or other request for leave from any of the Courts and (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other the Courts. The Stockholder hereby appoints, and shall give prompt notice of such appointment to, Prickett, Jones, Xxxxxxx, Xxxxxxx & Xxxxxx, 0000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, as its authorized agent (the "Authorized Agent") upon which process may be served in any action based on this Agreement which may be instituted in the Courts by Parent, and the Stockholder and the Company expressly accepts the jurisdiction of any such Court in respect to such action. Such appointment shall be irrevocable. The Stockholder, severally but not jointly, represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the Stockholder agrees, severally but not jointly, to take any and all action, including, without limitation, the filing of any and all documents and instruments, which may be necessary to continue such appointment in full force and effect. Service of process upon the Authorized Agent and written notice of such service to the Stockholder shall be deemed, in every respect, effective service of process upon the Stockholder.
Injunctive Relief; Jurisdiction. Shareholder agrees that ------------------------------- irreparable damage would occur and that Xxxxxxx would not have any adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Xxxxxxx shall be entitled to an injunction or injunctions to prevent breaches by Shareholder of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of New York, Borough of Manhattan, or in New York state court located in the Borough of Manhattan, this being in addition to any other remedy to which they are entitled at law or in equity. In addition, each of the parties hereto (i) consents to submit such party to the personal jurisdiction of any Federal court located in the State of New York, Borough of Manhattan or in New York State Court located in the Borough of Manhattan in the event any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such party to the personal jurisdiction by motion or other request for leave from any such court and (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other than a Federal or state court sitting in the State of New York, located in the Borough of Manhattan.
Injunctive Relief; Jurisdiction. Stockholder agrees that irreparable damage would occur and that the Company would not have any adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the Company shall be entitled to an injunction or injunctions to prevent breaches by Stockholder of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of North Carolina or in any North Carolina state court (collectively, the "COURTS"), this being in addition to any other remedy to which the Company may be entitled at law or in equity. In addition, each of the parties hereto (i) irrevocably consents to the submission of such party to the personal jurisdiction of the Courts in the event that any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any of the Courts and (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other than the Courts.
Injunctive Relief; Jurisdiction. Executive acknowledges that the Company will suffer irreparable injury, not readily susceptible of valuation in monetary damages, if Executive breaches any of Executive’s obligations under the restrictive covenants in this Section 5 Accordingly, Executive agrees that the Company will be entitled, at its option, to injunctive relief against any breach by Executive of Executive’s obligations under Section 5 in any federal or state court of competent jurisdiction sitting in Nevada, in addition to monetary damages and any other remedies available at law or in equity. Executive hereby submits to the jurisdiction of such courts for the purposes of any actions or proceedings instituted by the Company to obtain such injunctive relief, and agree that process may be served on Executive under the relevant rules of civil procedure, addressed to Executive’s last address known to the Company, or in any other manner authorized by law.
Injunctive Relief; Jurisdiction. Stockholder and the Company agree that irreparable damage would occur and that the Company would not have any adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the Company shall be entitled to an injunction or injunctions to prevent breaches by Stockholder or Parent of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware or in any Delaware state court (collectively, the "Courts"), this being in addition to any other remedy to which they are entitled at law or in equity. In addition, each of the parties hereto (i) irrevocably consents to the submission of such party to the personal jurisdiction of the Courts in the event that any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such party to the personal jurisdiction by motion or other request for leave from any of the Courts and (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other the Courts.
Injunctive Relief; Jurisdiction. Agent agrees that any breach of Sections 7 through 18 of this Agree- ment would cause Company irreparable damage and therefore agrees that, in addition to any other remedies available, Company shall be entitled to an injunctive order restraining or preventing Agent’s anticipated or actual breach of the terms in such Sections. Company may uni- laterally apply to a federal or state court having jurisdic- tion under this Agreement or otherwise to obtain such re- lief. Company and Agent both agree and consent to per- xxxxx and subject matter jurisdiction and venue in any federal or state court located in Kent County, Michigan.
Injunctive Relief; Jurisdiction. Each Shareholder agrees that irreparable damage would occur and that Parent would not have any adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Parent
Injunctive Relief; Jurisdiction. The Executive acknowledges that the Company will suffer irreparable injury, not readily susceptible of valuation in monetary damages, if the Executive breaches or threatens to breach any of his obligations under this section. Accordingly, the Executive agrees that the Company will be entitled, at the Company’s option, to injunctive relief without the necessity of posting a bond against any breach or prospective breach by the Executive of the Executive’s obligations under this section in any federal or state court of competent jurisdiction sitting in the State of Nevada, in addition to monetary damages and any other remedies available at law or in equity. The Executive hereby submits to the jurisdiction of such courts for the purposes of any actions or proceedings instituted by the Company to obtain such injunctive relief, and agrees that process may be served on the Executive by registered mail, addressed to the last address of the Executive known to the Company, or in any other manner authorized by law.
Injunctive Relief; Jurisdiction. You acknowledge that Bally will suffer irreparable injury; not readily susceptible of valuation in monetary damages, if you breach any of your obligations under the non-compete, non-solicitation, non-disclosure, confidentiality, intellectual property or non-disparagement sections of this Agreement. Accordingly, you agree that Bally will be entitled, at its option, to injunctive relief against any breach by you of your obligations under these sections in any federal or state court of competent jurisdiction sitting in Nevada, in addition to monetary damages and any other remedies available at law or in equity. You hereby submit to the jurisdiction of such courts for the purposes of any actions or proceedings instituted by Bally to obtain such injunctive relief, and agree that process may be served on you under the relevant rules of civil procedure, addressed to your last address known to Bally, or in any other manner authorized by law. Material inducements. The restrictive covenants and other provisions in this letter agreement are material inducements to Bally entering into and performing its obligations under this letter agreement. Accordingly, in the event of any breach of these provisions by you, in addition to all other remedies at law or in equity possessed by Bally, including but not limited to the right to enforce the covenants you have agreed to in this letter agreement, Bally shall have the right to terminate this letter agreement and your employment with Bally and not pay any amounts payable to you under this letter agreement. Except as expressly modified by this letter, the terns and conditions of your employment with Bally shall remain in full force and effect and shall be subject to Bally’s regular employment policies and practices as may be in effect from time to time. This letter comprises the entire agreement between you and Bally and supersedes all other oral and written agreements previously entered into by you and Bally concerning the same subject matter. To repeat, this offer is not intended to, and if accepted it will not, create an agreement of employment for any specific term or otherwise alter the at-will nature of your employment relationship with Bally. If you accept this offer, either you or Bally may terminate your employment at any time with or without cause. If you accept this offer, please sign below and return this letter to me. A copy will be sent for your records. Once signed and returned, this letter will comprise a bindin...
Injunctive Relief; Jurisdiction. You acknowledge that monetary damages ------------------------------- would not be sufficient to compensate the Company or RCN in the event of a breach or threatened breach of any of the provisions of this Agreement. Should you violate or threaten to violate any of the provisions of this Agreement, the Company and RCN will be entitled to an injunction to stop you from continuing such breach or threatened breach. You agree that proper jurisdiction and venue for the enforcement of this Agreement will be in the federal or state courts having jurisdiction over Agreements like this and located in the State of New Jersey. This agreement shall be governed by the laws of the State of New Jersey.
