Common use of Accounting for Profits; Indemnification Clause in Contracts

Accounting for Profits; Indemnification. The Employee covenants and agrees that, if he shall violate any of his covenants or agreements under this Agreement, the Company shall be entitled to an accounting and repayment of all profits, compensation, royalties, commissions, remunerations or benefits which the Employee directly or indirectly shall have realized or may realize relating to, growing out of or in connection with any such violation; such remedy shall he in addition to and not in limitation of any injunctive relief or other rights or remedies to which employer is or may be entitled at law or in equity or otherwise under this Agreement. The Employee hereby agrees to defend, indemnify and hold harmless the Company against and in respect of, (i) any and all losses and damages resulting from, of any warranty, covenant or agreement made or contained in this Agreement; and (ii) any and all actions, suits, proceedings, claims, demands, judgments, costs and expenses (including reasonable attorneys’ fees) incident to the foregoing.

Appears in 2 contracts

Samples: Severance Agreement (BioHorizons, Inc.), Severance Agreement (BioHorizons, Inc.)

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Accounting for Profits; Indemnification. The Employee covenants and agrees that, if he Employee shall violate any of his Employee's covenants or agreements under this Agreement, the Company shall be entitled to an accounting and repayment of all profits, compensation, royalties, commissions, remunerations or benefits which the Employee directly or indirectly shall have realized or may realize relating to, growing out of or in connection with any such violation; such remedy shall he be in addition to and not in limitation of any injunctive relief or other rights or remedies to which employer Company is or may be entitled at law or in equity or otherwise under this Agreement. The Employee hereby agrees to defend, indemnify and hold harmless the Company against and in respect of, : (i) any and all losses and damages resulting from, relating or incident to, or arising out of any misrepresentation or breach by Employee of any warranty, covenant or agreement made or contained in this Agreement; and (ii) any and all actions, suits, proceedings, claims, demands, judgments, payments, costs and expenses (including reasonable attorneys' fees) incident to the foregoing.

Appears in 2 contracts

Samples: Special Terms and Conditions of Employment (Mobile Reach International Inc), Employment Agreement (Mobile Reach International Inc)

Accounting for Profits; Indemnification. The Employee Executive covenants and agrees that, if he shall violate any of his covenants or agreements under this Agreement, the Company shall be entitled to an accounting and repayment of all profits, compensation, royalties, commissions, remunerations or benefits which the Employee Executive directly or indirectly shall have realized or may realize relating to, growing out of or in connection with any such violation; such remedy shall he in addition to and not in limitation of any injunctive relief or other rights or remedies to which employer is or may be entitled at law or in equity or otherwise under this Agreement. The Employee Executive hereby agrees to defend, indemnify and hold harmless the Company against and in respect of, (i) any and all losses and damages resulting from, of any warranty, covenant or agreement made or contained in this Agreement; and (ii) any and all actions, suits, proceedings, claims, demands, judgments, costs and expenses (including reasonable attorneys’ fees) incident to the foregoing.

Appears in 1 contract

Samples: Severance Agreement (BioHorizons, Inc.)

Accounting for Profits; Indemnification. The Employee Executive covenants and agrees that, if he shall violate any of his covenants or agreements under this Agreement, the Company shall be entitled to an accounting and repayment of all profits, compensation, royalties, commissions, remunerations or benefits which the Employee Executive directly or indirectly shall have realized or may realize relating to, growing out of or in connection with any such violation; such remedy shall he in addition to and not in limitation of any injunctive relief or other rights or remedies to which employer is or may be entitled at law or in equity or otherwise under this Agreement. The Employee Executive hereby agrees to defend, indemnify and hold harmless the Company against and in respect of, (i) any and all losses and damages resulting from, of any warranty, covenant or agreement made or contained in this Agreement; and (ii) any and all actions, suits, proceedings, claims, demands, judgments, costs and expenses (including reasonable attorneys’ fees) incident to the foregoing.

Appears in 1 contract

Samples: Employment Agreement (BioHorizons, Inc.)

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Accounting for Profits; Indemnification. The Employee covenants and agrees that, if he she shall violate any of his her covenants or agreements under this Agreement, the Company shall be entitled to an accounting and repayment of all profits, compensation, royalties, commissions, remunerations or benefits which the Employee directly or indirectly shall have realized or may realize relating to, growing out of or in connection with any such violation; such remedy shall he she in addition to and not in limitation of any injunctive relief or other rights or remedies to which employer is or may be entitled at law or in equity or otherwise under this Agreement. The Employee hereby agrees to defend, indemnify and hold harmless the Company against and in respect of, (i) any and all losses and damages resulting from, of any warranty, covenant or agreement made or contained in this Agreement; and (ii) any and all actions, suits, proceedings, claims, demands, judgments, costs and expenses (including reasonable attorneys’ fees) incident to the foregoing.

Appears in 1 contract

Samples: Severance Agreement (BioHorizons, Inc.)

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