Breach of Employee's Restrictive Covenants. Employee acknowledges Employer has invested considerable time and resources in developing his or her skills and has given him or her access to certain trade secrets and other proprietary information, and that the use of such information by him or her on behalf of himself or herself or some other competing employer or entity would cause irreparable harm to Employer. Employee also acknowledges Employer has invested considerable time and resources in developing its relationships with its clients and prospective clients, the loss of which similarly would cause irreparable harm to Employer. Without limitation, Employee agrees that if he or she should breach any of the restrictive covenants contained in Sections 1-3, inclusive, of this Agreement, Employer may apply for arbitration pursuant to Section 9 below or to any court of competent jurisdiction, at its discretion, for the immediate entry of an order for injunction restraining any actual or threatened breaches or violations of said provisions or terms by Employee. In the event of such injunction, Employer shall not be required to post or pay any bond. If, for any reason, any of the restrictive covenants or any of the related provisions contained in Sections 1- 3, inclusive, of this Agreement should be held invalid or otherwise unenforceable, it is agreed the court or arbitrator, as appropriate, shall construe the pertinent section(s) or provision(s) so as to allow its enforcement to the maximum extent permitted by applicable law. If Employee should bring an action for interpretation of any of the restrictive covenants contained in Sections 2 -3, inclusive, of this Agreement, if Employee should violate any of these restrictive covenants, or if the operation of these restrictive covenants should be otherwise stayed, the restrictive covenant(s) shall be extended by the time equivalent to the duration of the violation or stay, whichever is greater, so that the restrictive covenant(s) shall be cumulatively in force for the full period described above. It is the intention of the parties that these restrictive covenants, including the restrictive covenant contained in Section 1 of this Agreement, shall not be stayed during any such action. Employee shall be responsible for all legal expenses and other costs actually incurred by Employer in enforcing any of the restrictive covenants in this Agreement. Employer need only obtain a portion of any injunctive relief or money damages, including nominal damages, that it pu...
