Breach of Restrictive Covenant. It is expressly understood and agreed that if the Executive violates or breaches any provisions of this Section 11, then the provisions of this Section 11 shall apply to the Executive for an additional one (1) year following the date of such violation or breach.
Breach of Restrictive Covenant. The Employee acknowledges and agrees that any breach of the restrictions set forth in this Section 10(b) will result in irreparable injury to the Bank for which it shall have no meaningful remedy at law, and the Bank shall be entitled to injunctive relief in order to enforce provisions hereof. Upon obtaining any such final and nonappealable injunction, the Bank shall be entitled to pursue reimbursement from the Employee and/or the Employee’s employer of attorney’s fees and costs reasonably incurred in obtaining such final and nonappealable injunction. In addition, the Bank shall be entitled to pursue reimbursement from the Employee and/or the Employee’s employer of costs reasonably incurred in securing a qualified replacement for any employee enticed away from the Bank by Employee. Further, the Bank shall be entitled to set off against or obtain reimbursement from Employee of any payments owed or made to the Employee hereunder.
Breach of Restrictive Covenant. If Participant breaches his or her obligations to Xcel Energy under any of the provisions of Section 13, then each Award held by such Participant shall be cancelled and cease to be exercisable as of the date on which the Participant first breached this such Section. Participant further agrees that if he or she violates any of the terms of Section 13, then Participant will be liable to Xcel Energy for injunctive relief and damages in the full value of any Award paid under this Agreement.
Breach of Restrictive Covenant. It is expressly understood and agreed that if Executive violates or breaches any provision of this Section 5.4.1 as determined by a final, non-appealable order from a court of competent jurisdiction, then the provisions of this Section 5.4.1 shall apply to Executive for an additional one (1) year following the date of such violation or breach.
Breach of Restrictive Covenant. It is expressly ______________________________ understood and agreed that if the Employee violates or breaches any provisions of this Section 11, then the provisions of Subsection 11(c) shall apply to the Employee for an additional one (1) year following the date of such violation or breach.
Breach of Restrictive Covenant. If OTW breaches the foregoing covenant not to compete, either during the term of this Agreement or upon termination, OTW shall pay AT, the sum of all revenues lost by AT as a result of OTW's diversion of customers in violation of this Agreement. Nothing in this Agreement shall be construed as prohibiting AT from pursuing any remedies available to it for OTW's unauthorized disclosure of such information, including the recovery of damages from OTW.
Breach of Restrictive Covenant. If you breach your obligations to Xcel Energy under any of the provisions of this Section 13, then (i) you shall immediately forfeit this Award (whether vested or unvested) and any right to receive Shares or cash that has not yet been paid pursuant to Section 5, (ii) with respect to Shares that have been issued pursuant to this Award, you shall (A) return such Shares to the Company, or (B) pay to the Company in cash an amount equal to the Fair Market Value of such Shares as used by the Company in initially determining settlement, and (iii) with respect to cash that has been paid pursuant to Section 5, you will repay that amount to the Company. You further agree that if you violate any of the terms of this Section 13, then you will be liable to Xcel Energy for injunctive relief and damages in the full value of any Award paid under this Agreement.
Breach of Restrictive Covenant. The Participant agrees and acknowledges that if the Participant breaches any non-compete, non-solicitation or non-disclosure provision of any agreement between the Participant and the Company, including any restrictive covenant contained in the Participant's employment agreement, the breach will result in the immediate forfeiture of the Restricted Stock granted to him or her under this Agreement, even if and to the extent it may already have vested.
Breach of Restrictive Covenant. In addition to any remedies available to the Company, in the event of the Executive’s breach of any Restrictive Covenants, as determined by the Committee in its sole discretion, the Executive shall be obligated to repay all cash payments made to the Executive under this Agreement, less $1,000. The Executive hereby agrees that to the extent such repayment obligation is not timely paid in full, VineBrook, the OP and the Company are hereby authorized, at their option, with respect to such unpaid amount owed to (i) set-off or cancellation against any distributions payable by VineBrook, the OP, the Company or their affiliates to the Executive, (ii) set-off or cancellation against any distributions payable by VineBrook, the OP, the Company or their affiliates to the Executive relative to equity securities in VineBrook or the OP owned by the Executive (which such distributions shall be deemed to be paid to the Executive for Tax purposes) and/or cancellation or forfeiture of equity securities (including profits interests units) in VineBrook or the OP owned by the Executive, utilizing the then fair market value of such equity securities, taking into account the reduction in fair market value as a result of consequence of the damages to VineBrook and the OP resulting from the Executive’s breaches or the facts, circumstances or events related thereto.
Breach of Restrictive Covenant. If you breach your obligations to Xcel Energy under any of the provisions of this Section 11, then (i) you shall immediately forfeit this Award (whether vested or unvested) and any right to receive Shares, and (ii) with respect to Shares that have been issued pursuant to this Award, you shall (A) return such Shares to the Company, or (B) pay to the Company in cash an amount equal to the Fair Market Value of such Shares as used by the Company in initially determining settlement. You further agree that if you violate any of the terms of this Section 11, then you will be liable to Xcel Energy for injunctive relief and damages in the full value of any Award paid under this Agreement.
