Common use of Availability of Relief Clause in Contracts

Availability of Relief. (a) In the event that the Executive knowingly and materially fails to abide by any of the terms of the Agreement, including but not limited to the Restrictive Covenants, after receiving reasonable notice of such failure in writing from the Company and failing to subsequently remedy such failure within a reasonable period of time, the Company may, in addition to any other remedies it may have, terminate any benefits or payments that are subsequently due under the Agreement. (b) The Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of his post-termination obligations under the Agreement, including but not limited to the Restrictive Covenants, would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies which the Company may have at law, in equity or under the Agreement, upon adequate proof of his violation of any such provision of the Agreement, the Company shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach, without the necessity of proof of actual damage and without the requirement of posting a bond.

Availability of Relief. (a) A. In the event that the Executive knowingly and materially fails to abide by any of the terms of the this Agreement, including but not limited to the Restrictive Covenants, after receiving reasonable notice of such failure in writing from the Company and failing to subsequently remedy such failure within a reasonable period of time, the Company may, in addition to any other remedies it may have, terminate immediately cease any benefits or payments that are subsequently due under this Agreement, without waiving the Agreementrelease granted herein. Notwithstanding the foregoing, the Company may not offset or otherwise withhold any benefits or payments that may be due to Executive. (b) The B. Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of his post-termination obligations under the Section 5 of this Agreement, including but not limited to the Restrictive Covenantssurviving provisions of the Employment Agreement and the Supplementary Terms, would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies which the Company may have at law, in equity or under the this Agreement, upon adequate proof (to the satisfaction of the arbitrator or court adjudicating such matter) of his violation of any such provision of the this Agreement, the Company shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach, without the necessity of proof of actual damage and without the requirement of posting a bond.

Availability of Relief. (a) A. In the event that the Executive knowingly and materially fails to abide by any of the terms of the this Agreement, including but not limited to the Restrictive Covenants, after receiving reasonable notice of such failure in writing from the Company and failing to subsequently remedy such failure within a reasonable period of time, the Company may, in addition to any other remedies it may have, terminate immediately cease any benefits or payments that are subsequently due under this Agreement, without waiving the Agreementrelease granted herein. Notwithstanding the foregoing, the Company may not offset or otherwise withhold any benefits or payments that may be due to Executive. (b) The B. Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of his her post-termination obligations under the Section 5 of this Agreement, including but not limited to the Restrictive Covenantssurviving provisions of the Employment Agreement and the Supplementary Terms, would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies which the Company may have at law, in equity or under the this Agreement, upon adequate proof (to the satisfaction of his the arbitrator or court adjudicating such matter) of her violation of any such provision of the this Agreement, the Company shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach, without the necessity of proof of actual damage and without the requirement of posting a bond.

Availability of Relief. (a) A. In the event that the Executive knowingly and materially fails to abide by any of the terms of the this Agreement, including but not limited to the Restrictive Covenants, after receiving reasonable notice of such failure in writing from the Company and failing to subsequently remedy such failure within a reasonable period of time, the Company may, in addition to any other remedies it may have, terminate immediately cease any benefits or payments that are subsequently due under this Agreement, without waiving the release granted herein. Notwithstanding the foregoing, the Company may not offset or otherwise withhold any benefits or payments that are due under Section 3A of this Agreement. (b) The B. Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of his post-termination obligations under the Section 4 of this Agreement, including but not limited to the Restrictive Covenantssurviving provisions of the Employment Agreement and the Supplementary Terms, would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies which the Company may have at law, in equity or under the this Agreement, upon adequate proof (to the satisfaction of the arbitrator or court adjudicating such matter) of his violation of any such provision of the this Agreement, the Company shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach, without the necessity of proof of actual damage and without the requirement of posting a bond.