Common use of Arbitration; Injunctive Relief Clause in Contracts

Arbitration; Injunctive Relief. Any disputes arising under the terms of this Agreement shall be settled by binding arbitration between the parties in the Wexford, Pennsylvania area in a proceeding held under the rules of the American Arbitration Association. The arbitrators shall have no authority to grant either party any consequential, incidental, punitive or special damages. Notwithstanding the foregoing provisions of this Section 11(b), recognizing the irreparable damage will result to the Protected Parties in the event of the breach or threatened breach of any of the covenants in Section 7 hereof, and that the Protected Parties’ remedies at law for any such breach or threatened breach will be inadequate, the Protected Parties, in addition to such other remedies which may be available to it (including, without, limitation immediate cessation of the Severance Payments), shall be entitled to an injunction, including a mandatory injunction, to be issued by any court of competent jurisdiction ordering compliance with this Agreement or enjoining and restraining Executive from the continuation of such breach.

Appears in 2 contracts

Samples: Employment Agreement (MTR Gaming Group Inc), Employment Agreement (MTR Gaming Group Inc)

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Arbitration; Injunctive Relief. Any disputes arising under the terms of this Agreement shall be settled by binding arbitration between the parties in the Wexford, Pennsylvania area in a proceeding held under the rules of the American Arbitration Association. The arbitrators shall have no authority to grant either party any consequential, incidental, punitive or special damages. Notwithstanding the foregoing provisions of this Section 11(b), recognizing the irreparable damage will result to the Protected Parties Company in the event of the breach or threatened breach of any of the covenants in Section 7 hereof, and that the Protected Parties’ Company’s remedies at law for any such breach or threatened breach will be inadequate, the Protected PartiesCompany, in addition to such other remedies which may be available to it (including, without, limitation immediate cessation of the Severance Payments), shall be entitled to an injunction, including a mandatory injunction, to be issued by any court of competent jurisdiction ordering compliance with this Agreement or enjoining and restraining Executive from the continuation of such breach.

Appears in 1 contract

Samples: Employment Agreement (MTR Gaming Group Inc)

Arbitration; Injunctive Relief. Any disputes arising under the terms of this Agreement shall be settled by binding arbitration between the parties in the Wexford, Pennsylvania area in a proceeding held under the rules of the American Arbitration Association. The arbitrators shall have no authority to grant either party any consequential, incidental, punitive or special damages. Notwithstanding the foregoing provisions of this Section 11(b12(b), recognizing the irreparable damage will result to the Protected Parties Company in the event of the breach or threatened breach of any of the covenants in Section 7 hereof, and that the Protected Parties’ Company’s remedies at law for any such breach or threatened breach will be inadequate, the Protected PartiesCompany, in addition to such other remedies which may be available to it (including, without, limitation immediate cessation of the Severance Payments), shall be entitled to an injunction, including a mandatory injunction, to be issued by any court of competent jurisdiction ordering compliance with this Agreement or enjoining and restraining Executive from the continuation of such breach.

Appears in 1 contract

Samples: Employment Agreement (MTR Gaming Group Inc)

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Arbitration; Injunctive Relief. Any disputes arising under the terms of this Agreement shall be settled by binding arbitration between the parties in the Wexford, Pennsylvania area in a proceeding held under the rules of the American Arbitration Association. The arbitrators shall have no authority to grant either party any consequential, incidental, punitive or special damages. Notwithstanding the foregoing provisions of this Section 11(b10(b), recognizing the irreparable damage will result to the Protected Parties Company in the event of the breach or threatened breach of any of the covenants in Section 7 hereof, and that the Protected Parties’ Company’s remedies at law for any such breach or threatened breach will be inadequate, the Protected PartiesCompany, in addition to such other remedies which may be available to it (including, without, limitation immediate cessation of the Severance Payments), shall be entitled to an injunction, including a mandatory injunction, to be issued by any court of competent jurisdiction ordering compliance with this Agreement or enjoining and restraining Executive from the continuation of such breach.

Appears in 1 contract

Samples: Employment Agreement (MTR Gaming Group Inc)

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