Common use of Breach of Restrictive Covenants Clause in Contracts

Breach of Restrictive Covenants. The Executive acknowledges that this Agreement is designed and intended only to protect the legitimate business interests of the Company and that the restrictions imposed by this Agreement are necessary, fair and reasonably designed to protect those interests. The Executive further acknowledges that the Company has given him or her access to certain Confidential Information, and that the use of such Confidential Information by him or her on behalf of some other entity (including himself or herself) would cause irreparable harm to the Company. The Executive also acknowledges that the Company has invested considerable time and resources in developing its relationships with its customers and in training Company employees, the loss of which similarly would cause irreparable harm to the Company. Without limitation, the Executive agrees that if he or she should breach or threaten to breach any of the restrictive covenants contained in Section 4 of this Agreement, the Company may, in addition to seeking other available remedies (including but in no way limited to the Company’s rights under this Agreement), apply, consistent with Section 10.6 below, for the immediate entry of an injunction restraining any actual or threatened breaches or violations of said provisions or terms by the Executive. Further, if, for any reason, any of the restrictive covenants or related provisions contained in Section 4 of this Agreement should be held invalid or otherwise unenforceable, it is agreed the court shall construe the pertinent section(s) or provision(s) so as to allow its enforcement to the maximum extent permitted by Applicable Law. The Executive further agrees that any claimed Company breach of this Agreement shall not prevent, or otherwise be a defense against, the enforcement of any restrictive covenant or other Executive obligation herein.

Appears in 8 contracts

Samples: Severance Agreement (Hilton Grand Vacations Inc.), Indemnification Agreement (Hilton Grand Vacations Inc.), Severance Agreement (Hilton Grand Vacations Inc.)

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Breach of Restrictive Covenants. The Executive acknowledges that this Agreement is designed and intended only to protect the legitimate business interests of the Company Corporation and that the restrictions imposed by this Agreement are necessary, fair fair, and reasonably designed to protect those interests. The Executive further acknowledges that the Company Corporation has given him or her access to certain Confidential Information, Information and that the use of such Confidential Information by him or her on behalf of some other entity (including himself or herselfhimself) would cause irreparable harm to the CompanyCorporation. The Executive also acknowledges that the Company Corporation has invested considerable time and resources in developing its relationships with its Loan Sources and customers and in training Company employeesCorporation Employees, the loss of which similarly would cause irreparable harm to the CompanyCorporation. Without limitation, the Executive agrees that if he or she should breach or threaten to breach any of the restrictive covenants contained in Section 4 Sections 3.2, 3.3, 3.4, 3.5, and 3.7 of this Agreement, the Company Corporation may, in addition to seeking other available remedies (including but in no way limited to the CompanyCorporation’s rights under this AgreementSections 2.7(a) and (e)), apply, consistent with Section 10.6 4.7 below, for the immediate entry of an injunction restraining any actual or threatened breaches or violations of said provisions or terms by the Executive. Further, ifIf, for any reason, any of the restrictive covenants or related provisions contained in Section 4 Sections 3.2, 3.3, 3.4, 3.5, or 3.7 of this Agreement should be held invalid or otherwise unenforceable, it is agreed the court shall construe the pertinent section(sSection(s) or provision(s) so as to allow its enforcement to the maximum extent permitted by Applicable Lawapplicable law. The Executive further agrees that any claimed Company breach of this Agreement by the Corporation shall not prevent, or otherwise be a defense against, the enforcement of any restrictive covenant or other Executive obligation herein.

Appears in 5 contracts

Samples: Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.)

Breach of Restrictive Covenants. The Executive acknowledges that this Agreement is designed and intended only to protect the legitimate business interests of the Company Corporation and that the restrictions imposed by this Agreement are necessary, fair fair, and reasonably designed to protect those interests. The Executive further acknowledges that the Company Corporation has given him or her access to certain Confidential Information, Information and that the use of such Confidential Information by him or her on behalf of some other entity (including himself or herselfhimself) would cause irreparable harm to the CompanyCorporation. The Executive also acknowledges that the Company Corporation has invested considerable time and resources in developing its relationships with its Loan Sources and customers and in training Company employeesCorporation Employees, the loss of which similarly would cause irreparable harm to the CompanyCorporation. Without limitation, the Executive agrees that if he or she should breach or threaten to breach any of the restrictive covenants contained in Section 4 Sections 3.2, 3.3, 3.4, 3.5, and 3.7 of this Agreement, the Company Corporation may, in addition to seeking other available remedies (including but in no way limited to the CompanyCorporation’s rights under this AgreementSections 2.7(a) and (e)), apply, consistent with Section 10.6 4.7 below, for the immediate entry of an injunction restraining any actual or threatened breaches or violations of said provisions or terms by the Executive. Further, ifIf, for any reason, any of the restrictive covenants or related provisions contained in Section 4 Sections 3.2, 3.3, 3.4, 3.5, or 3.7 of this Agreement should be held invalid or otherwise unenforceable, it is agreed the court shall construe the pertinent section(sSection(s) or provision(s) so as to allow its enforcement to the maximum extent permitted by Applicable Lawapplicable law. The Executive further agrees that any claimed Company Corporation breach of this Agreement shall not prevent, or otherwise be a defense against, the enforcement of any restrictive covenant or other Executive obligation herein.

Appears in 4 contracts

Samples: Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.)

Breach of Restrictive Covenants. The Executive Employee acknowledges that this Agreement is designed and intended only to protect the legitimate business interests of the Company Corporation and that the restrictions imposed by this Agreement are necessary, fair and reasonably designed to protect those interests. The Executive Employee further acknowledges that the Company Corporation has given him or her access to certain Confidential Information, and that the use of such Confidential Information by him or her on behalf of some other entity (including himself or herselfhimself) would cause irreparable harm to the CompanyCorporation. The Executive Employee also acknowledges that the Company Corporation has invested considerable time and resources in developing its relationships with its Loan Sources and customers and in training Company employeesCorporation Employees, the loss of which similarly would cause irreparable harm to the CompanyCorporation. Without limitation, the Executive Employee agrees that if he or she should breach or threaten to breach any of the restrictive covenants contained in Section 4 Sections 3.2, 3.3, 3.4, 3.5 and 3.7 of this Agreement, the Company Corporation may, in addition to seeking other available remedies (including but in no way limited to the Company’s rights under this Agreement)remedies, apply, consistent with Section 10.6 4.6 below, for the immediate entry of an injunction restraining any actual or threatened breaches or violations of said provisions or terms by the ExecutiveEmployee. Further, ifIf, for any reason, any of the restrictive covenants or related provisions contained in Section 4 Sections 3.2, 3.3, 3.4, 3.5 or 3.7 of this Agreement should be held invalid or otherwise unenforceable, it is agreed the court shall construe the pertinent section(sSection(s) or provision(s) so as to allow its enforcement to the maximum extent permitted by Applicable Lawapplicable law. The Executive Employee further agrees that any claimed Company Corporation breach of this Agreement shall not prevent, or otherwise be a defense against, the enforcement of any restrictive covenant or other Executive Employee obligation herein.

Appears in 3 contracts

Samples: Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.)

Breach of Restrictive Covenants. The Executive acknowledges that this Agreement is designed and intended only to protect the legitimate business interests of the Company Corporation and that the restrictions imposed by this Agreement are necessary, fair fair, and reasonably designed to protect those interests. The Executive further acknowledges that the Company Corporation has given him or her access to certain Confidential Information, Information and that the use of such Confidential Information by him or her on behalf of some other entity (including himself or herself) would cause irreparable harm to the CompanyCorporation. The Executive also acknowledges that the Company Corporation has invested considerable time and resources in developing its relationships with its Loan Sources and customers and in training Company employeesCorporation Employees, the loss of which similarly would cause irreparable harm to the CompanyCorporation. Without limitation, the Executive agrees that if he or she should breach or threaten to breach any of the restrictive covenants contained in Section 4 Sections 3.2, 3.3, 3.4, 3.5, and 3.7 of this Agreement, the Company Corporation may, in addition to seeking other available remedies (including but in no way limited to the CompanyCorporation’s rights under this AgreementSections 2.7(a) and (e)), apply, consistent with Section 10.6 4.7 below, for the immediate entry of an injunction restraining any actual or threatened breaches or violations of said provisions or terms by the Executive. Further, ifIf, for any reason, any of the restrictive covenants or related provisions contained in Section 4 Sections 3.2, 3.3, 3.4, 3.5, or 3.7 of this Agreement should be held invalid or otherwise unenforceable, it is agreed the court shall construe the pertinent section(sSection(s) or provision(s) so as to allow its enforcement to the maximum extent permitted by Applicable Lawapplicable law. The Executive further agrees that any claimed Company breach of this Agreement by the Corporation shall not prevent, or otherwise be a defense against, the enforcement of any restrictive covenant or other Executive obligation herein.

Appears in 3 contracts

Samples: Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.), Employment Agreement (Regional Management Corp.)

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Breach of Restrictive Covenants. The Executive acknowledges that this Agreement is designed and intended only to protect the legitimate business interests of the Company and that the restrictions imposed by this Agreement are necessary, fair and reasonably designed to protect those interests. The Executive further acknowledges that the Company has given him or her access to certain Confidential Information, and that the use of such Confidential Information by him or her on behalf of some other entity (including himself or herself) would cause irreparable harm to the Company. The Executive also acknowledges that the Company has invested considerable time and resources in developing its relationships with its customers and in training Company employees, the loss of which similarly would cause irreparable harm to the Company. Without limitation, the Executive agrees that if he or she should breach or threaten to breach any of the restrictive covenants contained in Section 4 of this Agreement, the Company may, in addition to seeking other available remedies (including but in no way limited to the Company’s rights under this Agreement), apply, consistent with Section 10.6 below, for the immediate entry of an injunction restraining any actual or threatened breaches or violations of said provisions or terms by the Executive. Further, if, for any reason, any of the restrictive covenants or related provisions contained in Section 4 of this Agreement should be held invalid or otherwise unenforceable, it is agreed the court shall construe the pertinent section(s) or provision(s) so as to allow its enforcement to the maximum extent permitted by Applicable Law. The Executive further agrees that any claimed Company breach of this Agreement shall not prevent, or otherwise be a defense against, the enforcement of any restrictive covenant or other Executive obligation herein.

Appears in 1 contract

Samples: Severance Agreement (Hilton Grand Vacations Inc.)

Breach of Restrictive Covenants. The Executive acknowledges that this Agreement is designed and intended only to protect the legitimate business interests of the Company and that the restrictions imposed by this Agreement are necessary, fair fair, and reasonably designed to protect those interests. The Executive further acknowledges that the Company has given him or her access to certain Confidential Information, and that the use of such Confidential Information by him or her on behalf of some other entity Person (including himself or herself) would cause irreparable harm to the Company. The Executive also acknowledges that the Company has invested considerable time and resources in developing its relationships with its vendors and customers and in training Company the Company’s employees, the loss of which similarly would cause irreparable harm to the Company. Without limitation, the Executive agrees that if he or she should breach or threaten to breach any of the restrictive covenants contained in Section 4 5 of this Agreement, the Company may, in addition to seeking other available remedies (including but in no way limited to the Company’s rights under this Agreement)remedies, apply, consistent with Section 10.6 below, apply for the immediate entry of an injunction restraining any actual or threatened breaches or violations of said provisions or terms by the Executive. Further, ifIf, for any reason, any of the restrictive covenants or related provisions contained in Section 4 5 of this Agreement should be held invalid or otherwise unenforceable, it is agreed the court shall construe the pertinent section(sSection(s) or provision(s) so as to allow its enforcement to the maximum extent permitted by Applicable Lawapplicable law. The Executive further agrees that any claimed Company breach of this Agreement shall not prevent, or otherwise be a defense against, the enforcement of any restrictive covenant or other Executive obligation herein.

Appears in 1 contract

Samples: Separation Agreement (Regional Management Corp.)

Breach of Restrictive Covenants. The Executive acknowledges that this Agreement is designed and intended only to protect the legitimate business interests of the Company Corporation and that the restrictions imposed by this Agreement are necessary, fair and reasonably designed to protect those interests. The Executive further acknowledges that the Company Corporation has given him or her access to certain Confidential Information, and that the use of such Confidential Information by him or her on behalf of some other entity (including himself or herselfhimself) would cause irreparable harm to the CompanyCorporation. The Executive also acknowledges that the Company Corporation has invested considerable time and resources in developing its relationships with its Loan Sources and customers and in training Company employeesCorporation Employees, the loss of which similarly would cause irreparable harm to the CompanyCorporation. Without limitation, the Executive agrees that if he or she should breach or threaten to breach any of the restrictive covenants contained in Section 4 Sections 3.2, 3.3, 3.4, 3.5 and 3.7 of this Agreement, the Company Corporation may, in addition to seeking other available remedies (including but in no way limited to the CompanyCorporation’s rights under this AgreementSections 2.7(a) and (e)), apply, consistent with Section 10.6 4.7 below, for the immediate entry of an injunction restraining any actual or threatened breaches or violations of said provisions or terms by the Executive. Further, ifIf, for any reason, any of the restrictive covenants or related provisions contained in Section 4 Sections 3.2, 3.3, 3.4, 3.5 or 3.7 of this Agreement should be held invalid or otherwise unenforceable, it is agreed the court shall construe the pertinent section(sSection(s) or provision(s) so as to allow its enforcement to the maximum extent permitted by Applicable Lawapplicable law. The Executive further agrees that any claimed Company Corporation breach of this Agreement shall not prevent, or otherwise be a defense against, the enforcement of any restrictive covenant or other Executive obligation herein.

Appears in 1 contract

Samples: Employment Agreement (Regional Management Corp.)

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