Common use of Acknowledgment and Enforcement Clause in Contracts

Acknowledgment and Enforcement. (i) The Executive acknowledges and agrees that: (A) the purpose of the foregoing covenants, including without limitation the noncompetition covenants of Sections 5(d) and (e), is to protect the goodwill, trade secrets and other Confidential Information of the Company; (B) because of the nature of the business in which the Cardinal Group is engaged and because of the nature of the Confidential Information to which the Executive has access, the Company would suffer irreparable harm and it would be impractical and excessively difficult to determine the actual damages of the Cardinal Group in the event the Executive breached any of the covenants of this Section 5; and (C) remedies at law (such as monetary damages) for any breach of the Executive's obligations under this Section 5 would be inadequate. The Executive therefore agrees and consents that if the Executive commits any breach of a covenant under this Section 5 or threatens to commit any such breach, the Company shall have the right (in addition to, and not in lieu of, any other right or remedy that may be available to it) to temporary and permanent injunctive relief from a court of competent jurisdiction, without posting any bond or other security and without the necessity of proof of actual damage.

Appears in 7 contracts

Samples: Employment Agreement (Cardinal Health Inc), Employment Agreement (Cardinal Health Inc), Employment Agreement (Cardinal Health Inc)

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Acknowledgment and Enforcement. (i) The Executive acknowledges and agrees that: (A) the purpose of the foregoing covenants, including without limitation the noncompetition covenants of Sections 5(d4(d) and (e), is to protect the goodwill, trade secrets and other Confidential Information of the Company; (B) because of the nature of the business in which the Cardinal Group is engaged and because of the nature of the Confidential Information to which the Executive has access, the Company would suffer irreparable harm and it would be impractical and excessively difficult to determine the actual damages of the Cardinal Group in the event the Executive breached any of the covenants of this Section 54; and (C) remedies at law (such as monetary damages) for any breach of the Executive's obligations under this Section 5 4 would be inadequate. The Executive therefore agrees and consents that if the Executive commits any breach of a covenant under this Section 5 4 or threatens to commit any such breach, the Company shall have the right (in addition to, and not in lieu of, any other right or remedy that may be available to it) to temporary and permanent injunctive relief from a court of competent jurisdiction, without posting any bond or other security and without the necessity of proof of actual damage.

Appears in 1 contract

Samples: Agreement (Cardinal Health Inc)

Acknowledgment and Enforcement. (i) The Executive acknowledges and agrees that: (A) the purpose of Section 4 of the foregoing covenants, including without limitation the noncompetition covenants of Sections 5(d) and (e), Participant Agreement is to protect the goodwill, trade secrets and other Confidential Information confidential information of the Company; (B) because of the nature of the business businesses in which the Company and all of its subsidiaries, partnerships, joint ventures, limited liability companies, and other affiliates (collectively, the "Cardinal Group is Group") are engaged and because of the nature of the Confidential Information confidential information to which the Executive has access, the Company would suffer irreparable harm and it would be impractical and excessively difficult to determine the actual damages of the Cardinal Group in the event the Executive breached any of the covenants of this Section 54 of the Participant Agreement; and (C) remedies at law (such as monetary damages) for any breach of the Executive's obligations under this Section 5 4 of the Participant Agreement would be inadequate. The Executive therefore agrees and consents that if the Executive commits any breach of a covenant under this Section 5 4 of the Participant Agreement or threatens to commit any such breach, the Company shall have the right (in addition to, and not in lieu of, any other right or remedy that may be available to it) to temporary and permanent injunctive relief from a court of competent jurisdiction, without posting any bond or other security and without the necessity of proof of actual damage.

Appears in 1 contract

Samples: Restricted Shares Agreement (Cardinal Health Inc)

Acknowledgment and Enforcement. (i) The Executive acknowledges and agrees that: (A) the purpose of the foregoing covenants, including without limitation the noncompetition covenants of Sections Section 5(d) and (e), is to protect the goodwill, trade secrets and other Confidential Information of the Company; (B) because of the nature of the business in which the Cardinal Group is engaged and because of the nature of the Confidential Information to which the Executive has access, the Company would suffer irreparable harm and it would be impractical and excessively difficult to determine the actual damages of the Cardinal Group in the event the Executive breached any of the covenants of this Section 5; and (C) remedies at law (such as monetary damages) for any breach of the Executive's obligations under this Section 5 would be inadequate. The Executive therefore agrees and consents that if the Executive commits any breach of a covenant under this Section 5 or threatens to commit any such breach, the Company shall have the right (in addition to, and not in lieu of, any other right or remedy that may be available to it) to temporary and permanent injunctive relief from a court of competent jurisdiction, without posting any bond or other security and without the necessity of proof of actual damage.

Appears in 1 contract

Samples: Employment Agreement (Cardinal Health Inc)

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Acknowledgment and Enforcement. (i) The Executive acknowledges and agrees that: (A) the purpose of the foregoing covenants, including without limitation the noncompetition covenants of Sections 5(d) and (e), Section 7 is to protect the goodwill, trade secrets and other Confidential Information of the Company; (B) because of the nature of the business in which the Cardinal Group is Company and the Affiliated Companies are engaged and because of the nature of the Confidential Information to which the Executive has access, the Company would suffer irreparable harm and it would be impractical and excessively difficult to determine the actual damages of the Cardinal Group Company and the Affiliated Companies in the event the Executive breached any of the covenants of this Section 57; and (C) remedies at law (such as monetary damages) for any breach of the Executive's obligations under this Section 5 7 would be inadequate. The Executive therefore agrees and consents that if the Executive commits any breach of a covenant under this Section 5 7 or threatens to commit any such breach, the Company shall have the right (in addition to, and not in lieu of, any other right or remedy that may be available to it) to temporary and permanent injunctive relief from a court of competent jurisdiction, without posting any bond or other security and without the necessity of proof of actual damage.

Appears in 1 contract

Samples: Agreement (Cardinal Health Inc)

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