Common use of Remedies; Specific Performance Clause in Contracts

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, 7 and 8 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections 6, 7 or 8. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Sections 6, 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 hereof if the Executive breaches the covenants applicable to the Executive contained in Sections 6, 7 or 8.

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, Section 7 and 8 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections 6, 7 or 8Section 7. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Sections 6, Section 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 5.2 hereof if the Executive breaches the covenants applicable to the Executive contained in Sections 6, 7 or 8Section 7.

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s 's breach or threatened breach of any of the restrictions set forth in Sections 6, 7 and 8 Section 6 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections Section 6, 7 or 8. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ ' remedies for any breach of any restriction on the Executive set forth in Sections Section 6, 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 Sections 5.2, 5.3 or 5.4 hereof if the Executive breaches has breached the covenants applicable to the Executive contained in Sections Section 6, 7 the Executive will immediately return to the Protected Parties any such payments previously received under Sections 5.2, 5.3 or 85.4 upon such a breach, and, in the event of such breach, the Protected Parties will have no obligation to pay any of the amounts that remain payable by the Company under Sections 5.2, 5.3 or 5.4.

Remedies; Specific Performance. The Parties parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, 7 and 8 11 through 13 will result in irreparable and continuing damage to the Protected Parties Company and its Affiliated Companies for which there may be no adequate remedy at law and that the Protected Parties Company and its Affiliated Companies shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections 6, 7 or 8. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties Company and its Affiliated Companies against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies of the Company and its Affiliated Companies for any breach of any restriction on the Executive set forth in Sections 6, 7, or 811 through 13, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 4 hereof if the Executive breaches the covenants covenant applicable to the Executive contained in Sections 6, 7 or 811 through 13 and the Company and its Affiliated Companies will have no obligation to pay any of the amounts that remain payable by the Company under Section 4.

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, 7 and 8 Section 6 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections Section 6, 7 or 8. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Sections Section 6, 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 Sections 5.2, 5.3 or 5.4 hereof if the Executive breaches has breached the covenants applicable to the Executive contained in Sections Section 6, 7 the Executive will immediately return to the Protected Parties any such payments previously received under Sections 5.2, 5.3 or 85.4 upon such a breach, and, in the event of such breach, the Protected Parties will have no obligation to pay any of the amounts that remain payable by the Company under Sections 5.2, 5.3 or 5.4.

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s 's breach or threatened breach of any of the restrictions set forth in Sections 6, 7 and 8 Section 6 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections Section 6, 7 or 8. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ ' remedies for any breach of any restriction on the Executive set forth in Sections Section 6, 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 Sections 5.2, 5.3 or 5.4 hereof if the Executive breaches has breached the covenants applicable to the Executive contained in Sections Section 6, 7 or 8.the Executive will immediately return to the Protected Parties any such payments previously received under Sections 5.2, 5.3 or

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, Section 7 and 8 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections 6, 7 or 8Section 7. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Sections 6, Section 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 hereof 6.2 hereof, other than the Accrued Benefits, if the Executive breaches has breached the covenants applicable to the Executive contained in Section 7, the Executive will immediately return to the Protected Parties any such payments previously received under Sections 66.2 or 6.3 upon such a breach, 7 and, in the event of such breach, the Protected Parties will have no obligation to pay any of the amounts that remain payable by the Company under Sections 6.2 or 86.3.

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, 7 Section 5.4 and 8 Section 6 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections Section 5.4 and Section 6, 7 or 8. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Sections Section 5.4 and Section 6, 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 5.2 hereof if the Executive breaches has breached the covenants applicable to the Executive contained in Sections Section 5.4 or Section 6, 7 or 8the Executive will immediately return to the Protected Parties any such payments previously received under Section 5.2 upon such a breach, and, in the event of such breach, the Protected Parties will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.2.

Remedies; Specific Performance. The Parties parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, this Section 7 and 8 will result in irreparable and continuing damage to the Protected Parties Company, BHI and their respective subsidiaries and affiliates for which there may be no adequate remedy at law and that the Protected Parties Company and BHI shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The If the Company proves a breach to the Court’s satisfaction, the Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections 6, 7 or 8this Section 7. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties Company and BHI against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies of the Company and BHI for any breach of any restriction on the Executive set forth in Sections 6, this Section 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 6 hereof if the Executive breaches the covenants covenant applicable to the Executive contained in Sections this Section 7 and the Company, BHI and their respective subsidiaries and affiliates will have no obligation to pay any of the amounts that remain payable by the Company under Section 6, 7 or 8.

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, 7 and 8 Section 6 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections Section 6, 7 or 8. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Sections Section 6, 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 Sections 5.2, 5.3, or 5.4 hereof if the Executive breaches has breached the covenants applicable to the Executive contained in Sections Section 6, 7 the Executive will immediately return to the Protected Parties any such payments previously received under Sections 5.2, 5.3, or 85.4 upon such a breach, and, in the event of such breach, the Protected Parties will have no obligation to pay any of the amounts that remain payable by the Company under Sections 5.2, 5.3, or 5.4.

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, 7 and 8 Section 6 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections Section 6, 7 or 8. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Sections Section 6, 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 Sections 5.2 and 5.3 hereof if the Executive breaches has breached the covenants applicable to the Executive contained in Sections Section 6, 7 or 8the Executive will immediately return to the Protected Parties any such payments previously received under Sections 5.2 and 5.3 upon such a breach, and, in the event of such breach, the Protected Parties will have no obligation to pay any of the amounts that remain payable by the Company under Sections 5.2 and 5.3.

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, 7 and 8 Section 6 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections 6, 7 or 8. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Sections Section 6, 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 5.2 or 5.3 hereof if the Executive breaches has breached the covenants applicable to the Executive contained in Sections Section 5.5 or 6, 7 or 8the Executive will immediately return to the Protected Parties any such payments previously received under Sections 5.2 and 5.3 upon such a breach, and, in the event of such breach, the Protected Parties will have no obligation to pay any of the amounts that remain payable by the Company under Sections 5.2 and 5.3.

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, 7 and 8 Section 6 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections Section 6, 7 or 8. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Sections Section 6, 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 Sections 5.2 hereof if the Executive breaches has breached the covenants applicable to the Executive contained in Sections Section 6, 7 the Executive will immediately return to the Protected Parties any such payments previously received under Sections 5.2 or 85.3 upon such a breach, and, in the event of such breach, the Protected Parties will have no obligation to pay any of the amounts that remain payable by the Company under Sections 5.2 or 5.3.

Remedies; Specific Performance. The Parties parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, 7 and 8 11 through 13 will result in irreparable and continuing damage to the Protected Parties Company and its Affiliated Companies for which there may be no adequate remedy at law and that the Protected Parties Company and its Affiliated Companies shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him her from violating, or directing him her to comply with any provision of Sections 6, 7 or 8Sections. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties Company and its Affiliated Companies against him her for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies of the Company and its Affiliated Companies for any breach of any restriction on the Executive set forth in Sections 6, 7, or 811 through 13, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 4 hereof if the Executive breaches the covenants covenant applicable to the Executive contained in Sections 6, 7 or 811 through 13 and the Company and its Affiliated Companies will have no obligation to pay any of the amounts that remain payable by the Company under Section 4.

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, 7 and 8 Section 6 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections Section 6, 7 or 8. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Sections Section 6, 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 Sections 5.2 or 5.4 hereof if the Executive breaches has breached the covenants applicable to the Executive contained in Sections Section 6, 7 the Executive will immediately return to the Protected Parties any such payments previously received under Sections 5.2 or 85.4 upon such a breach, and, in the event of such breach, the Protected Parties will have no obligation to pay any of the amounts that remain payable by the Company under Sections 5.2 or 5.4.

Remedies; Specific Performance. The Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, Section 7 and 8 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections 6, 7 or 8Section 7. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Sections 6, Section 7, or 8, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 hereof 6.2 hereof, other than the Accrued Benefits, if the Executive breaches has breached the covenants applicable to the Executive contained in Sections 6Section 7, 7 or 8the Executive will immediately return to the Protected Parties any such payments previously received under Section 6.2 upon such a breach, and, in the event of such breach, the Protected Parties will have no obligation to pay any of the amounts that remain payable by the Company under Section 6.2.

Remedies; Specific Performance. The Parties parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Sections 6, 7 and 8 11 through 13 will result in irreparable and continuing damage to the Protected Parties Company and its Affiliated Companies for which there may be no adequate remedy at law and that the Protected Parties Company and its Affiliated Companies shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining him from violating, or directing him to comply with any provision of Sections 6, 7 or 8Sections. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties Company and its Affiliated Companies against him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies of the Company and its Affiliated Companies for any breach of any restriction on the Executive set forth in Sections 6, 7, or 811 through 13, except as required by law, the Executive shall not be entitled to any payments set forth in Section 10 4 hereof if the Executive breaches the covenants covenant applicable to the Executive contained in Sections 6, 7 or 811 through 13 and the Company and its Affiliated Companies will have no obligation to pay any of the amounts that remain payable by the Company under Section 4.