Common use of Rights and Remedies Upon Breach Clause in Contracts

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 14 contracts

Samples: Employment Agreement (RLJ Lodging Trust), Employment Agreement (RLJ Lodging Trust), Employment Agreement (RLJ Lodging Trust)

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Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any his breach by him of any provision of the provisions of Sections 7 and 8 this Section 6 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would do not provide an adequate remedy. Therefore, if the Executive breaches, breaches or threatens to commit a breach of, of any of the provisions of the Restrictive CovenantsCovenant, the Company and its affiliates shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and an remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 13 contracts

Samples: Employment Agreement (Precipio, Inc.), Employment Agreement (Precipio, Inc.), Employment Agreement (Precipio, Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates affiliates, including the REIT, shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, including the REIT, under law or in equity (including, without limitation, the recovery of damages):

Appears in 10 contracts

Samples: Employment Agreement (Chesapeake Lodging Trust), Employment Agreement (Chesapeake Lodging Trust), Employment Agreement (Chesapeake Lodging Trust)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him Executive of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates affiliates, including the Company, shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, including the Company, under law or in equity (including, without limitation, the recovery of damages):

Appears in 6 contracts

Samples: Employment Agreement (Walker & Dunlop, Inc.), Employment Agreement (Walker & Dunlop, Inc.), Employment Agreement (Walker & Dunlop, Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 7, 8 and 8 9 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, under law or in equity (including, without limitation, the recovery of damages):

Appears in 5 contracts

Samples: Employment Agreement (Columbia Equity Trust, Inc.), Employment Agreement (Columbia Equity Trust, Inc.), Employment Agreement (Columbia Equity Trust, Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, under law or in equity (including, without limitation, the recovery of damages):

Appears in 5 contracts

Samples: Employment Agreement (Global Net Lease, Inc.), Employment Agreement (Global Net Lease, Inc.), Employment Agreement (ARC Properties Operating Partnership, L.P.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates affiliates, including the Company, shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, including the Company, under law or in equity (including, without limitation, the recovery of damages):

Appears in 5 contracts

Samples: Employment Agreement (Walker & Dunlop, Inc.), Employment Agreement (Walker & Dunlop, Inc.), Employment Agreement (Walker & Dunlop, Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him the Executive of any of the provisions of Sections 7 and 8 Section 11 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, under law or in equity (including, without limitation, the recovery of damages):

Appears in 4 contracts

Samples: Executive Employment Agreement (Surna Inc.), Executive Employment Agreement (Surna Inc.), Executive Employment Agreement (Surna Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 8 and 8 9 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, under law or in equity (including, without limitation, the recovery of damages):

Appears in 4 contracts

Samples: Employment Agreement (Capital Lease Funding Inc), Employment Agreement (Capital Lease Funding Inc), Employment Agreement (Capital Lease Funding Inc)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him her of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 4 contracts

Samples: Employment Agreement (RLJ Lodging Trust), Employment Agreement (RLJ Lodging Trust), Employment Agreement (RLJ Lodging Trust)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 Section 6.1 (the "Restrictive Covenants") would result in irreparable injury and damage harm for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive CovenantsSection 6.1, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 4 contracts

Samples: Employment Agreement (Nymex Holdings Inc), Employment Agreement (Nymex Holdings Inc), Employment Agreement (Nymex Holdings Inc)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company Group and its their respective affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Group and its affiliates such affiliates, under law or in equity (including, without limitation, the recovery of damages):

Appears in 4 contracts

Samples: Employment Agreement (Chesapeake Lodging Trust), Employment Agreement (Chesapeake Lodging Trust), Employment Agreement (Chesapeake Lodging Trust)

Rights and Remedies Upon Breach. (a) The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 Section 6.1 (the "Restrictive Covenants") would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive CovenantsSection 6.1, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 3 contracts

Samples: Employment Agreement (Mim Corp), Employment Agreement (Mim Corp), Employment Agreement (Mim Corp)

Rights and Remedies Upon Breach. (a) The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 Section 6.1 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive CovenantsSection 6.1, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 3 contracts

Samples: Employment Agreement (K2m Group Holdings, Inc.), Employment Agreement (K2m Group Holdings, Inc.), Employment Agreement (K2m Group Holdings, Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any his breach by him of any provision of the provisions of Sections 7 and 8 this Section 6 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would do not provide an adequate remedy. Therefore, if the Executive breaches, breaches or threatens to commit a breach of, of any of the provisions of the Restrictive CovenantsCovenant, the Company and its affiliates shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 3 contracts

Samples: Employment Agreement (IntraLinks Holdings, Inc.), Employment Agreement (IntraLinks Holdings, Inc.), Employment Agreement (IntraLinks Holdings, Inc.)

Rights and Remedies Upon Breach. The (a) Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 Section 6.1 hereof (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, breaches or threatens to commit a breach of, of any of the provisions of the Restrictive CovenantsSection 6.1 hereof, the Company and its affiliates shall have the ability to seek the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 2 contracts

Samples: Employment Agreement (BioScrip, Inc.), Restated Employment Agreement (BioScrip, Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any his breach by him of any provision of the provisions of Sections 7 and 8 this Section 6 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would do not provide an adequate remedy. Therefore, if the Executive breaches, breaches or threatens to commit a breach ofof any Restrictive Covenant, any of the provisions of the Restrictive Covenants, the Company and its affiliates IntraLinks shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and an remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates IntraLinks under law or in equity (including, without limitation, the recovery of damages):

Appears in 2 contracts

Samples: Employment Agreement (IntraLinks Holdings, Inc.), Employment Agreement (Intralinks Inc)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 7, 8 or 9 hereof (the “Restrictive Protective Covenants”) would may result in irreparable injury and damage for which money damages would may not provide an adequate remedy. Therefore, notwithstanding anything herein to the contrary, including, without limitation, Section 10 hereof, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Protective Covenants, the Company and its affiliates Affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates Affiliates, under law or in equity (including, without limitation, the recovery of damages):

Appears in 2 contracts

Samples: Employment Agreement (Global Net Lease, Inc.), Employment Agreement (Global Net Lease, Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates Group shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates Group under law or in equity (including, without limitation, the recovery of damages):

Appears in 2 contracts

Samples: Employment Agreement (DiamondRock Hospitality Co), Employment Agreement (DiamondRock Hospitality Co)

Rights and Remedies Upon Breach. The Executive Employee acknowledges and agrees that any breach by him the Employee of any of the provisions of Sections 7 and 8 Section 11 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive Employee breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, under law or in equity (including, without limitation, the recovery of damages):

Appears in 2 contracts

Samples: Employment Agreement (Surna Inc.), Employment Agreement (Surna Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him her of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, under law or in equity (including, without limitation, the recovery of damages):

Appears in 2 contracts

Samples: Employment Agreement (ARC Properties Operating Partnership, L.P.), Employment Agreement (American Realty Capital Properties, Inc.)

Rights and Remedies Upon Breach. (a) The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 Section 5.1 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive CovenantsSection 5.1, the Company and its affiliates shall have the following rights and remediesremedies to the extent permitted under applicable law, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 2 contracts

Samples: Severance Agreement (Air Lease Corp), Severance Agreement (Air Lease Corp)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates Physicians Remote shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates Physicians Remote under law or in equity (including, without limitation, the recovery of damages):

Appears in 2 contracts

Samples: Consulting Agreement (Hipso Multimedia, Inc.), Consulting Agreement (Hipso Multimedia, Inc.)

Rights and Remedies Upon Breach. (a) The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 Section 6.1 hereof (the "Restrictive Covenants") would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, breaches or threatens to commit a breach of, of any of the provisions of the Restrictive CovenantsSection 6. 1 hereof, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 2 contracts

Samples: Employment Agreement (Mim Corp), Employment Agreement (Mim Corp)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the "Restrictive Covenants") would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, under law or in equity (including, without limitation, the recovery of damages):

Appears in 2 contracts

Samples: Employment Agreement (Windrose Medical Properties Trust), Employment Agreement (Windrose Medical Properties Trust)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the "Restrictive Covenants") would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates affiliates, including the REIT, shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, including the REIT, under law or in equity (including, without limitation, the recovery of damages):

Appears in 2 contracts

Samples: Employment Agreement (Highland Hospitality Corp), Employment Agreement (Highland Hospitality Corp)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 9 and 8 10 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, of any of the provisions of the Restrictive Covenants, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (ARC Properties Operating Partnership, L.P.)

Rights and Remedies Upon Breach. The Executive Employee acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 Section 6.1 (the “Restrictive Covenants”) would result in irreparable injury and damage harm for which money damages would not provide an adequate remedy. Therefore, if the Executive Employee breaches, or threatens to commit a breach of, any of the provisions of the Restrictive CovenantsSection 6.1, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its it affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (Nymex Holdings Inc)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any his breach by him of any provision of the provisions of Sections this Section 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would do not provide an adequate remedy. Therefore, if the Executive breaches, breaches or threatens to commit a breach ofof any Restrictive Covenant, any of the provisions of the Restrictive Covenants, the Company and its affiliates IntraLinks shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and an remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates IntraLinks under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (IntraLinks Holdings, Inc.)

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Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates Group shall have the Xxxx X. Xxxxxxx following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates Group under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (DiamondRock Hospitality Co)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 these covenants (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Consulting Agreement (Proteonomix, Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates National Stem Cell Holding shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates National Stem Cell Holding under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Consulting Agreement (Proteonomix, Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him her of any of the provisions of Sections 7 and 8 (the "Restrictive Covenants") would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates affiliates, including the REIT, shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, including the REIT, under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (Highland Hospitality Corp)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 Section 6.1 (the “Restrictive Covenants”) would result in irreparable injury and damage harm for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive CovenantsSection 6.1, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (Nymex Holdings Inc)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any his breach by him of any provision of the provisions of Sections 7 and 8 Article 6 (the “Restrictive Covenants”"RESTRICTIVE COVENANTS") would result in irreparable injury and damage for which money damages would do not provide an adequate remedy. Therefore, if the Executive breaches, breaches or threatens to commit a breach of, of any of the provisions of the Restrictive CovenantsCovenant, the Company and its affiliates shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (Sbarro Inc)

Rights and Remedies Upon Breach. (a) The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 Section 6.1 hereof (the "Restrictive Covenants") would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, breaches or threatens to commit a breach of, of any of the provisions of the Restrictive CovenantsSection 6. 1 hereof, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition toto , and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (Mim Corp)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates Hipso shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates Hipso under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Consulting Agreement (Hipso Multimedia, Inc.)

Rights and Remedies Upon Breach. The Executive Employee acknowledges and agrees that any breach by him her of any of the provisions of Sections 7 and 8 Section 7.1 (the “Restrictive Covenants”) would result in irreparable injury and damage harm for which money damages would not provide an adequate remedy. Therefore, if the Executive Employee breaches, or threatens to commit a breach of, any of the provisions of the Restrictive CovenantsSection 7.1, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its it affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (Nymex Holdings Inc)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any his breach by him of any provision of the provisions of Sections 7 and 8 Article 6 (the “Restrictive Covenants”"RESTRICTIVE COVENANTS") would result in irreparable injury and damage for which money damages would do not provide an adequate remedy. Therefore, if the Executive breaches, breaches or threatens to commit a breach of, of any of the provisions of the Restrictive CovenantsCovenant, the Company and its affiliates shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and an remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (Sbarro Inc)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the "Restrictive Covenants") would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates affiliates, including the REIT, shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, including the REIT, under law or in equity (including, without limitation, the recovery of damages):of

Appears in 1 contract

Samples: Employment Agreement (Highland Hospitality Corp)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates National Stem Cell shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates National Stem Cell under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Consulting Agreement (Proteonomix, Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any his breach by him of any provision of the provisions of Sections this Section 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would do not provide an adequate remedy. Therefore, if the Executive breaches, breaches or threatens to commit a breach of, of any of the provisions of the Restrictive CovenantsCovenant, the Company and its affiliates shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and an remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (IntraLinks Holdings, Inc.)

Rights and Remedies Upon Breach. (a) The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 Section 6.1 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive CovenantsSection 6.1, the Company and its affiliates shall have the following rights and remediesremedies to the extent permitted under applicable law, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (Air Lease Corp)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him the Executive of any of the provisions of Sections 7 and 8 Section 12 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Executive Employment Agreement (CEA Industries Inc.)

Rights and Remedies Upon Breach. (a) The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 7 and 8 Section 6.1 (the “Restrictive Covenants) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive CovenantsSection 6.1, the Company and its affiliates shall have the following rights and remediesremedies to the extent permitted under applicable law, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (Air Lease Corp)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him of any of the provisions of Sections 6 and 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates Proteonomix shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates Proteonomix under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (Proteonomix, Inc.)

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that any breach by him her of any of the provisions of Sections 7 and 8 (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of the Restrictive Covenants, the Company and its affiliates affiliates, including the Company, shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates affiliates, including the Company, under law or in equity (including, without limitation, the recovery of damages):

Appears in 1 contract

Samples: Employment Agreement (Walker & Dunlop, Inc.)

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