Common use of Certain Remedies Clause in Contracts

Certain Remedies. Without intending to limit the remedies available to Company and its Affiliates, Consultant agrees that a breach of any of the covenants contained in this Section 5 may result in material and irreparable injury to Company or its Affiliates for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, Company and its Affiliates shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining Consultant from engaging in activities prohibited by this Section 5 or such other relief as may be required specifically to enforce any of the covenants in this Section 5. Such injunctive relief in any court shall be available to Company and its Affiliates in lieu of, or prior to or pending determination in, any arbitration proceeding.

Appears in 13 contracts

Samples: Consulting Agreement (Calypso Wireless Inc), Consulting Agreement (Calypso Wireless Inc), Consulting Agreement (Calypso Wireless Inc)

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Certain Remedies. Without intending to limit the remedies available to the Company and its Affiliates, Consultant the Executive agrees that a breach of any of the covenants contained in this Section 5 7 may result in material and irreparable injury to the Company or its Affiliates for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company and its Affiliates shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining Consultant the Executive from engaging in activities prohibited by this Section 5 7 or such other relief as may be required specifically to enforce any of the covenants in this Section 57. Such injunctive relief in any court shall be available to the Company and its Affiliates in lieu of, or prior to or pending determination in, any arbitration proceeding.

Appears in 5 contracts

Samples: Employment Agreement (EnerSys), Employment Agreement (EnerSys), Employment Agreement (EnerSys)

Certain Remedies. Without intending to limit the remedies available to Company and its Affiliates, Consultant agrees that a breach of any of the covenants contained in this Section 5 8 may result in material and irreparable injury to Company or its Affiliates for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, Company and its Affiliates shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining Consultant from engaging in activities prohibited by this Section 5 8 or such other relief as may be required specifically to enforce any of the covenants in this Section 58. Such injunctive relief in any court shall be available to Company and its Affiliates in lieu of, or prior to or pending determination in, any arbitration proceeding.

Appears in 3 contracts

Samples: Consulting Agreement (Calypso Wireless Inc), Consulting Agreement (Calypso Wireless Inc), Consulting Agreement (Calypso Wireless Inc)

Certain Remedies. Without intending to limit the remedies available to the Company and its Affiliates, Consultant the Director agrees that a breach of any of the covenants contained in this Section 5 may result in material and irreparable injury to the Company or its Affiliates for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company and its Affiliates shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining Consultant the Director from engaging in activities prohibited by this Section 5 or such other relief as may be required specifically to enforce any of the covenants in this Section 5. Such injunctive relief in any court shall be available to the Company and its Affiliates in lieu of, or prior to or pending determination in, any arbitration proceeding.,

Appears in 1 contract

Samples: Directorship Agreement (EnerSys)

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Certain Remedies. Without intending to limit the remedies ----------------- available to Company and its Affiliates, Consultant agrees that a breach of any of the covenants contained in this Section 5 8 may result in material and irreparable injury to Company or its Affiliates for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, Company and its Affiliates shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining Consultant from engaging in activities prohibited by this Section 5 8 or such other relief as may be required specifically to enforce any of the covenants in this Section 58. Such injunctive relief in any court shall be available to Company and its Affiliates in lieu of, or prior to or pending determination in, any arbitration proceeding.

Appears in 1 contract

Samples: Consulting Agreement (Calypso Wireless Inc)

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