Common use of Remedy for Breach Clause in Contracts

Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants in this Section 7 would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7, including entry of an ex-parte , temporary restraining order in state or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7, or both, or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants in this Section 7 shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executive, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such covenants.

Appears in 7 contracts

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

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Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants in this Section 7 § 5 would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7§ 5, including entry of an ex-parte ex parte, temporary restraining order in state or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7§ 5, or both, or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which that the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants in this Section 7 § 5 shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executive, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such covenants.

Appears in 6 contracts

Samples: Employment Agreement (Driven Brands Holdings Inc.), Employment Agreement (Simply Good Foods Co), Employment Agreement (Wingstop Inc.)

Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants contained in Sections 4 through 7 of this Section 7 Agreement would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7, including entry of an ex-parte , temporary restraining order in state such paragraphs or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7such paragraphs, or both, by temporary or permanent injunction or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses (including attorney's fees) which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants contained in Sections 4 through 7 of this Section 7 Agreement shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executiveparties hereto, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such said covenants.

Appears in 4 contracts

Samples: Executive Employment Agreement (Manhattan Associates Inc), Executive Employment Agreement (Manhattan Associates Inc), Executive Employment Agreement (Manhattan Associates Inc)

Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants in this Section 7 5 would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 75, including entry of an ex-parte ex parte, temporary restraining order in state or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 75, or both, or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants in this Section 7 5 shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executive, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such covenants.

Appears in 3 contracts

Samples: Employment Agreement (National Service Industries Inc), Great Wolf Resorts, Inc., Great Wolf Resorts, Inc.

Remedy for Breach. Executive agrees that the remedies at law of the ----------------- Company for any actual or threatened breach by Executive of the covenants contained in Sections 5. through 8. of this Section 7 Agreement would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7, including entry of an ex-parte , temporary restraining order in state such paragraphs or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7such paragraphs, or both, by temporary or permanent injunction or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses (including attorney's fees) which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants contained in Sections 5. through 8. of this Section 7 Agreement shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executiveparties hereto, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such said covenants.

Appears in 3 contracts

Samples: Executive Employment Agreement (Manhattan Associates Inc), Employment Agreement (Manhattan Associates Inc), Employment Agreement (Manhattan Associates Inc)

Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants in this Section 7 § 5 would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7§ 5, including entry of an ex-parte exparte, temporary restraining order in state or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7§ 5, or both, or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants in this Section 7 § 5 shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executive, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such covenants.

Appears in 2 contracts

Samples: Employment Agreement (Great Wolf Resorts, Inc.), Employment Agreement (Great Wolf Resorts, Inc.)

Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants contained in Sections 5. through 8. of this Section 7 Agreement would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7, including entry of an ex-parte , temporary restraining order in state such paragraphs or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7such paragraphs, or both, by temporary or permanent injunction or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses (including attorney's fees) which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants contained in Sections 5. through 8. of this Section 7 Agreement shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executiveparties hereto, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such said covenants.

Appears in 2 contracts

Samples: Executive Employment Agreement (Manhattan Associates Inc), Executive Employment Agreement (Manhattan Associates Inc)

Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants in this Section 7 § 5 would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7§ 5, including entry of an ex-parte ex parte, temporary restraining order in state or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7§ 5, or both, or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants in this Section 7 § 5 shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executive, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such covenants.

Appears in 2 contracts

Samples: Employment Agreement (Great Wolf Resorts, Inc.), Employment Agreement (Great Wolf Resorts, Inc.)

Remedy for Breach. The Executive agrees that the remedies at law of the Company for any actual or threatened breach by the Executive of the covenants in this Section 7 3 would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 73, including entry of an ex-parte ex parte, temporary restraining order in state or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 73, or both, or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which the Company may be legally entitled to recover. The Executive acknowledges and agrees that the covenants in this Section 7 3 shall be construed as agreements independent of any other provision of this or any other agreement between the Company and the Executive, and that the existence of any claim or cause of action by the Executive against the Company, whether predicated upon the Employment Agreement, this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such covenants.

Appears in 1 contract

Samples: Separation, Consulting and Non Competition Agreement (Great Wolf Resorts, Inc.)

Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants in this Section 7 § 6 would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7§ 6, including entry of an ex-parte ex parte, temporary restraining order in state or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7§ 6, or both, or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which that the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants in this Section 7 § 6 shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executive, and that the existence of any claim or cause of action by - - Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Wingstop Inc.)

Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants in this Section 7 5 would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 75, including entry of an ex-ex- parte , temporary restraining order in state or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 75, or both, or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants in this Section 7 5 shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executive, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such covenants.

Appears in 1 contract

Samples: Employment Agreement (James River Coal CO)

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Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants in this Section 7 6 would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 76, including entry of an ex-parte ex parte, temporary restraining order in state or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 76, or both, or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants in this Section 7 6 shall be construed as agreements independent of any other provision of this Agreement or any other agreement between the Company and Executive, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Om Group Inc)

Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants contained in Sections 4 through 7 of this Section 7 Agreement would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7, including entry of an ex-parte , temporary restraining order in state such paragraphs or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7such paragraphs, or both, by temporary or permanent injunction or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses (including attorney’s fees) which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants contained in Sections 4 through 7 of this Section 7 Agreement shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executiveparties hereto, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such said covenants.

Appears in 1 contract

Samples: Executive Employment Agreement (Manhattan Associates Inc)

Remedy for Breach. Executive agrees that the remedies at law of the Sof Company for any actual or threatened breach by Executive of the covenants contained in Sections 5 through 8 of this Section 7 Agreement would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7, including entry of an ex-parte , temporary restraining order in state such paragraphs or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7such paragraphs, or both, by temporary or permanent injunction or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which the (including attorney's fees) that Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants contained in Sections 5 through 8 of this Section 7 Agreement shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executiveparties hereto, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such said covenants.

Appears in 1 contract

Samples: Executive Employment Agreement (Manhattan Associates Inc)

Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants in this Section 7 § 6 would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7§ 6, including entry of an ex-parte ex parte, temporary restraining order in state or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7§ 6, or both, or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which that the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants in this Section 7 § 6 shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executive, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Wingstop Inc.)

Remedy for Breach. Executive agrees that the remedies at law of the ----------------- Company for any actual or threatened breach by Executive of the covenants contained in Sections 4. through 7. of this Section 7 Agreement would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7, including entry of an ex-parte , temporary restraining order in state such paragraphs or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7such paragraphs, or both, by temporary or permanent injunction or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses (including attorney's fees) which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants contained in Sections 4. through 7. of this Section 7 Agreement shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executiveparties hereto, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such said covenants.

Appears in 1 contract

Samples: Executive Employment Agreement (Manhattan Associates Inc)

Remedy for Breach. Executive agrees that the remedies at law of the Company for any actual or threatened breach by Executive of the covenants in this Section 7 § 5 would be inadequate and that the Company shall be entitled to seek specific performance of the covenants in this Section 7§ 5, including entry of an ex-parte expaite, temporary restraining order in state or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 7§ 5, or both, or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants in this Section 7 § 5 shall be construed as agreements independent of any other provision of this or any other agreement between the Company and Executive, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Employment Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such covenants.

Appears in 1 contract

Samples: Employment Agreement (Great Wolf Resorts, Inc.)

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