Common use of Injunctive Relief with Respect to Covenants Clause in Contracts

Injunctive Relief with Respect to Covenants. Executive acknowledges and agrees that a breach by Executive of any of Section 8, 9 or 10 is a material breach of this Agreement and that remedies at law may be inadequate to protect the Company and its Affiliates in the event of such breach, and, without prejudice to any other rights and remedies otherwise available to the Company, Executive agrees to the granting of injunctive relief in the Company’s favor in connection with any such breach or violation without proof of irreparable harm, plus attorneys’ fees and costs to enforce these provisions. Executive further acknowledges and agrees that the Company’s obligations to pay Executive any amount or provide Executive with any benefit or right pursuant to Section 7 is subject to Executive’s compliance with Executive’s obligations under Sections 8 through 10 inclusive, and that in the event of a breach by Executive of any of Section 8, 9 or 10, the Company shall immediately cease paying such benefits and Executive shall be obligated to immediately repay to the Company all amounts theretofore paid to Executive pursuant to Section 7. In addition, if not repaid, the Company shall have the right to set off from any amounts otherwise due to Executive any amounts previously paid pursuant to Section 7 (other than the Accrued Obligations), in accordance with applicable law, and Executive further agrees that the foregoing is appropriate for any such breach inasmuch as actual damages cannot be readily calculated, the amount is fair and reasonable under the circumstances, and the Company would suffer irreparable harm if any of these Sections were breached. All disputes not relating to any request or application for injunctive relief in accordance with this Section 12 shall be resolved by arbitration in accordance with Section 15(b).

Injunctive Relief with Respect to Covenants. Executive acknowledges and agrees that the covenants, obligations and agreements of Executive contained in Sections 11 through 16 (inclusive) relate to special, unique and extraordinary matters and that a breach by Executive violation of any of Section 8the terms of such covenants, 9 obligations or 10 is a material breach of this Agreement and that remedies at law may be inadequate to protect agreements will cause the Company and its Affiliates in irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that the event Company shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain Executive from committing any violation of such breachcovenants, and, without prejudice obligations or agreements. These injunctive remedies are cumulative and in addition to any other rights and remedies otherwise available the Company may have. All disputes not relating to the Company, Executive agrees to the granting of any request or application for injunctive relief in the Company’s favor accordance with this Section 17 shall be resolved by arbitration in connection accordance with Section 21(b). Notwithstanding any such breach or violation without proof of irreparable harmother provision hereof, plus attorneys’ fees and costs to enforce these provisions. Executive further acknowledges and agrees that the Company’s obligations to pay Executive any amount or provide Executive with any benefit or right following a termination of Executive’s employment pursuant to Section Sections 7 and/or 10(f) is subject to Executive’s compliance with Executive’s his obligations under Sections 8 11 through 10 16, inclusive, and that in the event of a breach by that Executive of fails in any of respect to comply with any such obligations or is deemed to have been terminated for Cause pursuant to Section 8, 9 or 1010(b), the Company Company’s obligations to make any additional payments or provide any additional benefits or other rights or entitlements to Executive pursuant to any provision of this Agreement shall immediately cease paying such benefits and Executive shall be obligated required to immediately repay to the Company all amounts theretofore paid to Executive pursuant to Section 710(f). In addition, if not repaid, the Company shall have the right to set off off, in accordance with (and to the extent permitted by) Section 409A of the Code and the regulations promulgated thereunder, from any amounts otherwise due to Executive any amounts previously paid pursuant to Section 7 10(f) (other than the Accrued Obligations), in accordance with applicable law, and . Executive further agrees that the foregoing is appropriate for any such breach inasmuch as actual damages cannot be readily calculated, the amount is fair and reasonable under the circumstances, and the Company would suffer irreparable harm if any of these Sections were breached. All disputes not relating to any request or application for injunctive relief in accordance with this Section 12 shall be resolved by arbitration in accordance with Section 15(b).

Injunctive Relief with Respect to Covenants. Executive acknowledges and agrees that a breach by Executive of any of Section 8, 9 or 10 is a material breach of this Agreement and that remedies at law may be inadequate to protect the Company and and/or its Affiliates in the event of such breach, and, without prejudice to any other rights and remedies otherwise available to the Company, Executive agrees to the granting of injunctive relief in the Company’s favor in connection with any such breach or violation without proof of irreparable harm, plus attorneys’ fees and costs to enforce these provisions. Executive further acknowledges and agrees that the Company’s obligations to pay Executive any amount or provide Executive with any benefit or right pursuant to Section 7 is subject to Executive’s compliance with Executive’s obligations under Sections 8 through 10 inclusive, and that in the event of a breach by Executive of any of Section 8, 9 or 10, the Company shall immediately cease paying such benefits and Executive shall be obligated to immediately repay to the Company all amounts theretofore paid to Executive pursuant to Section 7. In addition, if not repaid, the Company shall have the right to set off from any amounts otherwise due to Executive any amounts previously paid pursuant to Section 7 (other than the Accrued Obligations), in accordance with applicable law, and Executive further agrees that the foregoing is appropriate for any such breach inasmuch as actual damages cannot be readily calculated, the amount is fair and reasonable under the circumstances, and the Company would suffer irreparable harm if any of these Sections were breached. All disputes not relating to any request or application for injunctive relief in accordance with this Section 12 shall be resolved by arbitration in accordance with Section 15(b).

Injunctive Relief with Respect to Covenants. Executive acknowledges and agrees that a breach by Executive of any of Section 89, 9 10, 11, 12 or 10 13 is a material breach of this Agreement and that remedies at law may be inadequate to protect the Company and its Affiliates in the event of such breach, and, without prejudice to any other rights and remedies otherwise available to the Company, Executive agrees to the granting of injunctive relief in the Company’s favor in connection with any such breach or violation without proof of irreparable harm, plus attorneys’ fees and costs to enforce these provisions. Executive further acknowledges and agrees that the Company’s obligations to pay Executive any amount or provide Executive with any benefit or right pursuant to Section 7 8 is subject to Executive’s compliance with Executive’s obligations under Sections 8 9 through 10 13 inclusive, and that in the event of a breach by Executive of any of Section 89, 9 10, 11, 12 or 1013, the Company shall immediately cease paying such benefits and Executive shall be obligated to immediately repay to the Company all amounts theretofore paid to Executive pursuant to Section 78. In addition, if not repaid, the Company shall have the right to set off from any amounts otherwise due to Executive any amounts previously paid pursuant to Section 7 8(f) (other than the Accrued Obligations), in accordance with applicable law, and . Executive further agrees that the foregoing is appropriate for any such breach inasmuch as actual damages cannot be readily calculated, the amount is fair and reasonable under the circumstances, and the Company would suffer irreparable harm if any of these Sections were breached. All disputes not relating to any request or application for injunctive relief in accordance with this Section 12 14 shall be resolved by arbitration in accordance with Section 15(b19 (b).

Injunctive Relief with Respect to Covenants. Executive acknowledges and agrees that a breach by Executive of any provision of Section 8, 9 or 10 11 is a material breach of this Agreement and that remedies at law may be inadequate to protect the Company and its Affiliates in the event of such breach, and, without prejudice to any other rights and remedies otherwise available to the Company, Executive agrees to the granting of injunctive relief in the Company’s favor in connection with any such breach or violation without proof of irreparable harm, plus attorneys’ fees and costs to enforce these provisions. Executive further acknowledges and agrees that the Company’s obligations to pay Executive any amount or provide Executive with any benefit or right pursuant to Section 7 10 is subject to Executive’s compliance with Executive’s obligations under Sections 8 through 10 inclusiveSection 11, and that in the event of a breach by Executive of any of Section 8, 9 or 1011, the Company shall immediately cease paying such benefits and Executive shall be obligated to immediately repay to the Company all amounts theretofore paid to Executive pursuant to Section 710. In addition, if not repaid, the Company shall have the right to set off from any amounts otherwise due to Executive any amounts previously paid pursuant to Section 7 10(f) (other than the Accrued Obligations), in accordance with applicable law, and . Executive further agrees that the foregoing is appropriate for any such breach inasmuch as actual damages cannot be readily calculated, the amount is fair and reasonable under the circumstances, and the Company would suffer irreparable harm if any of these Sections were breached. All disputes not relating to any request or application for injunctive relief in accordance with this Section 12 13 shall be resolved by arbitration in accordance with Section 15(b18(b).

Injunctive Relief with Respect to Covenants. Executive acknowledges and agrees that a breach by Executive of any provision of Section 810, 9 11, 12, 13 or 10 14 is a material breach of this Agreement and that remedies at law may be inadequate to protect the Company and its Affiliates in the event of such breach, and, without prejudice to any other rights and remedies otherwise available to the Company, Executive agrees to the granting of injunctive relief in the Company’s favor in connection with any such breach or violation without proof of irreparable harm, plus attorneys’ fees and costs to enforce these provisions. Executive further acknowledges and agrees that the Company’s obligations to pay Executive any amount or provide Executive with any benefit or right pursuant to Section 7 9 is subject to Executive’s compliance with Executive’s obligations under Sections 8 10 through 10 14 inclusive, and that in the event of a breach by Executive of any of Section 810, 9 11, 12, 13 or 1014, the Company shall immediately cease paying such benefits and Executive shall be obligated to immediately repay to the Company all amounts theretofore paid to Executive pursuant to Section 79. In addition, if not repaid, the Company shall have the right to set off from any amounts otherwise due to Executive any amounts previously paid pursuant to Section 7 9(f) (other than the Accrued Obligations), in accordance with applicable law, and . Executive further agrees that the foregoing is appropriate for any such breach inasmuch as actual damages cannot be readily calculated, the amount is fair and reasonable under the circumstances, and the Company would suffer irreparable harm if any of these Sections were breached. All disputes not relating to any request or application for injunctive relief in accordance with this Section 12 15 shall be resolved by arbitration in accordance with Section 15(b20 (b).

Injunctive Relief with Respect to Covenants. Executive acknowledges and agrees that the covenants, obligations and agreements of Executive contained in Sections 11 through 16 (inclusive) relate to special, unique and extraordinary matters and that a breach by Executive violation of any of Section 8the terms of such covenants, 9 obligations or 10 is a material breach of this Agreement and that remedies at law may be inadequate to protect agreements will cause the Company and its Affiliates in irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that the event Company shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain Executive from committing any violation of such breachcovenants, and, without prejudice obligations or agreements. These injunctive remedies are cumulative and in addition to any other rights and remedies otherwise available the Company may have. All disputes not relating to the Company, Executive agrees to the granting of any request or application for injunctive relief in the Company’s favor accordance with this Section 17 shall be resolved by arbitration in connection accordance with Section 21(b). Notwithstanding any such breach or violation without proof of irreparable harmother provision hereof, plus attorneys’ fees and costs to enforce these provisions. Executive further acknowledges and agrees that the Company’s obligations to pay Executive any amount or provide Executive with any benefit or right following a termination of Executive’s employment pursuant to Section Sections 7 and/or 10(f) is subject to Executive’s compliance with Executive’s his obligations under Sections 8 11 through 10 16, inclusive, and that in the event of a breach by that Executive of fails in any of respect to comply with any such obligations or is deemed to have been terminated for Cause pursuant to Section 8, 9 or 1010(b), the Company Company’s obligations to make any additional payments or provide any additional benefits or other rights or entitlements to Executive pursuant to any provision of this Agreement shall immediately cease paying such benefits and Executive shall be obligated required to immediately repay to the Company all amounts theretofore paid to Executive pursuant to Section 710(f). In addition, if not repaid, the Company shall have the right to set off from any amounts otherwise due to Executive any amounts previously paid pursuant to Section 7 10(f) (other than the Accrued Obligations), in accordance with applicable law, and . Executive further agrees that the foregoing is appropriate for any such breach inasmuch as actual damages cannot be readily calculated, the amount is fair and reasonable under the circumstances, and the Company would suffer irreparable harm if any of these Sections were breached. All disputes not relating to any request or application for injunctive relief in accordance with this Section 12 shall be resolved by arbitration in accordance with Section 15(b).