Common use of Remedies and Injunctive Relief Clause in Contracts

Remedies and Injunctive Relief. Executive acknowledges that a violation by Executive of any of the covenants contained in Sections 6, 7. 8, 9, 10 or 11 would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, Executive agrees that, notwithstanding any provision of this Agreement to the contrary, the Company shall be entitled (without the necessity of posting any bond or showing economic loss or other actual damage) to seek injunctive relief {including temporary restraining orders, preliminary injunctions and/or permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the covenants set forth in Section 6, 7, 8, 9, 10, or 11, in addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under this Agreement or otherwise, and all of the Company’s rights shall be unrestricted. Notwithstanding any other provision in this Agreement to the contrary, the duration of any restrictive covenant in Section 6 of this Agreement shall be tolled during any period of violation of any such covenant, and the duration of the restrictive covenant shall be extended by the number of days which equals the aggregate of all days during which such violations occurred.

Appears in 2 contracts

Samples: Employment Agreement (Knowlton Development Corp Inc), Employment Agreement (Knowlton Development Parent, Inc.)

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Remedies and Injunctive Relief. Executive acknowledges that a violation by Executive of any of the covenants contained in Sections 6, 7. , 8, 9, 10 or 11 would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, Executive agrees that, notwithstanding any provision of this Agreement to the contrary, the Company shall be entitled (without the necessity of posting any bond or showing economic loss or other actual damage) to seek injunctive relief {(including temporary restraining orders, preliminary injunctions and/or permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the covenants set forth in Section 6Xxxxxxx 0, 70, 80, 90, 10, or 11, in 00 xx addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under this Agreement or otherwise, and all of the Company’s rights shall be unrestricted. Notwithstanding any other provision in this Agreement to the contrary, the duration of any restrictive covenant in Section 6 of this Agreement shall be tolled during any period of violation of any such covenant, and the duration of the restrictive covenant shall be extended by the number of days which equals the aggregate of all days during which such violations occurred.

Appears in 2 contracts

Samples: Employment Agreement (Knowlton Development Corp Inc), Employment Agreement (Knowlton Development Parent, Inc.)

Remedies and Injunctive Relief. Executive acknowledges that a violation by Executive of any of the covenants contained in Sections 6, 7. , 8, 9, 10 or 11 would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, Executive agrees that, notwithstanding any provision of this Agreement to the contrary, the Company shall be entitled (without the necessity of posting any bond or showing economic loss or other actual damage) to seek injunctive relief {(including temporary restraining orders, preliminary injunctions and/or permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the covenants set forth in Section 6, 7, 8, 9, 10, or 11, in addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under this Agreement or otherwise, and all of the Company’s rights shall be unrestricted. Notwithstanding any other provision in this Agreement to the contrary, the duration of any restrictive covenant in Section 6 of this Agreement shall be tolled during any period of violation of any such covenant, and the duration of the restrictive covenant shall be extended by the number of days which equals the aggregate of all days during which such violations occurred.

Appears in 2 contracts

Samples: Employment Agreement (Knowlton Development Corp Inc), Employment Agreement (Knowlton Development Parent, Inc.)

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Remedies and Injunctive Relief. Executive The Optionee acknowledges that a violation by Executive the Optionee of any of the covenants contained in Sections 6, 7. 8, 9, 10 or 11 this Section 9 would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, Executive the Optionee agrees that, notwithstanding any provision of this Option Agreement to the contrary, the Company shall be entitled (without the necessity of posting any bond or showing economic loss or other actual damage) to seek injunctive relief {(including temporary restraining orders, preliminary injunctions and/or permanent injunctions) in arbitration or in any court of competent jurisdiction jurisdiction, as applicable in accordance with Section 17, for any actual or threatened breach of any of the covenants set forth in this Section 6, 7, 8, 9, 10, or 11, in addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under this Option Agreement or otherwise, and all of the Company’s rights shall be unrestricted. Notwithstanding any other provision in this Option Agreement to the contrary, the duration of any restrictive covenant in Section 6 9(a) of this Option Agreement shall be tolled during any period of violation of any such covenant, and the duration of the restrictive covenant shall be extended by the number of days which equals the aggregate of all days during which such violations occurred.

Appears in 1 contract

Samples: Stock Option Plan (Knowlton Development Corp Inc)

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