Common use of Acknowledgments of the Parties Clause in Contracts

Acknowledgments of the Parties. The parties agree and acknowledge that the restrictions contained in Paragraphs 3 and 4 are reasonable in scope and duration and are necessary to protect the Company. If any provision of Paragraphs 3 or 4 as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstances or the validity or enforceability of any other provisions of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision and/or to delete specific words or phrases and in its reduced form, such provision shall then be enforceable and shall be enforced. The Executive agrees and acknowledges that the breach of Paragraph 3 or 4 will cause irreparable injury to the Company, and upon breach of any provision of such Paragraphs, the Company shall be entitled to injunctive relief, specific performance or other equitable relief, provided, however, that such remedies shall in no way limit any other remedies which the Company may have (including, without limitation, the right to seek monetary damages).

Appears in 15 contracts

Samples: Employment Agreement (Autonation, Inc.), Employment Agreement (Autonation, Inc.), Amended Employment Agreement (Autonation, Inc.)

AutoNDA by SimpleDocs

Acknowledgments of the Parties. The parties agree and acknowledge that the restrictions contained in Paragraphs 3 Sections 5 and 4 6 are reasonable in scope and duration and are necessary to protect the CompanyCompanies. If any provision of Paragraphs 3 Section 5 or 4 6 as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstances circumstance or the validity or enforceability of any other provisions provision of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision provision, and/or to delete specific words or phrases phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. The Executive Employee agrees and acknowledges that the breach of Paragraph 3 Section 5 or 4 6 will cause irreparable injury to the Company, Companies and upon breach of any provision of such ParagraphsSections, the Company Companies shall be entitled to injunctive relief, specific performance or other equitable relief, ; provided, however, that such remedies that, this shall in no way limit any other remedies which the Company Companies may have (including, without limitation, the right to seek monetary damages)have.

Appears in 2 contracts

Samples: Amended And (Timco Aviation Services Inc), Employment Agreement (Timco Aviation Services Inc)

Acknowledgments of the Parties. The parties agree and acknowledge that the restrictions contained in Paragraphs 3 and 4 are reasonable in scope and duration and are necessary to protect the Company. If any provision of Paragraphs 3 or 4 as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstances or the validity or enforceability of any other provisions of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision and/or to delete specific words or phrases and in its reduced form, such provision shall then be enforceable and shall be enforced. The Executive agrees and acknowledges that the breach of Paragraph 3 or 4 will cause irreparable injury to the Company, and upon breach of any provision of such Paragraphs, the Company shall be entitled to injunctive relief, specific performance or other equitable relief, provided, however, that such remedies shall in no way limit any other remedies which the Company may have (including, without limitation, the right to seek monetary damagesdamages and reimbursement of the severance benefits paid to the Executive under Paragraph 2(b)).

Appears in 1 contract

Samples: Employment Agreement (Autonation, Inc.)

Acknowledgments of the Parties. The parties agree and acknowledge that the restrictions contained in Paragraphs 3 and 4 are reasonable in scope and duration and are necessary to protect the Company. If any provision of Paragraphs 3 or 4 as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstances or the validity or enforceability of any other provisions of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision and/or to delete specific words or phrases and in its reduced form, such provision shall then be enforceable and shall be enforced. The Executive agrees and acknowledges that the breach of Paragraph 3 or 4 will cause irreparable injury to the Company, and upon breach of any provision of such Paragraphs, the Company shall be entitled to injunctive relief, specific performance or other equitable relief, providedPROVIDED, howeverHOWEVER, that such remedies shall in no way limit any other remedies which the Company may have (including, without limitation, the right to seek monetary damages).

Appears in 1 contract

Samples: Employment Agreement (Autonation Inc /Fl)

AutoNDA by SimpleDocs

Acknowledgments of the Parties. The parties agree and acknowledge that the restrictions contained in Paragraphs 3 Sections 4 and 4 5 are reasonable in scope and duration and are necessary to protect the CompanyCompanies. If any provision of Paragraphs 3 Section 4 or 4 5 as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstances circumstance or the validity or enforceability of any other provisions provision of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision provision, and/or to delete specific words or phrases phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. The Executive Employee agrees and acknowledges that the breach of Paragraph 3 Section 4 or 4 5 will cause irreparable injury to the Company, Companies and upon breach of any provision of such ParagraphsSections, the Company Companies shall be entitled to injunctive relief, specific performance or other equitable relief, ; provided, however, that such remedies that, this shall in no way limit any other remedies which the Company Companies may have (including, without limitation, the right to seek monetary damages)have.

Appears in 1 contract

Samples: Employment Agreement (Timco Aviation Services Inc)

Acknowledgments of the Parties. The parties agree and acknowledge that the restrictions contained in Paragraphs 3 Sections 6 and 4 7 are reasonable in scope and duration and are necessary to protect the CompanyCompanies. If any provision of Paragraphs 3 Section 6 or 4 7 as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstances circumstance or the validity or enforceability of any other provisions provision of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision provision, and/or to delete specific words or phrases phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. The Executive Employee agrees and acknowledges that the breach of Paragraph 3 Section 6 or 4 7 will cause irreparable injury to the Company, Companies and upon breach of any provision of such ParagraphsSections, the Company Companies shall be entitled to injunctive relief, specific performance or other equitable relief, ; provided, however, that such remedies that, this shall in no way limit any other remedies which the Company Companies may have (including, without limitation, the right to seek monetary damages)have.

Appears in 1 contract

Samples: Amended And (Timco Aviation Services Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.