Common use of Company’s Right to Obtain an Injunction Clause in Contracts

Company’s Right to Obtain an Injunction. Employee acknowledges that the Company will have no adequate means of protecting its rights under Sections 8 and 9 other than by securing an injunction. (a) Employee agrees that the Company is entitled to enforce this Agreement by obtaining a preliminary and permanent injunction and any other appropriate equitable relief in any court of competent jurisdiction. Employee acknowledges that the Company’s recovery of damages will not be an adequate means to redress a breach of this Agreement. Nothing contained in this Section 10 shall prohibit the Company from obtaining any appropriate remedies in addition to injunctive relief, including recovery of damages. (b) If a court determines that this Agreement or any covenant contained herein is unreasonable, void or unenforceable, for any reason whatsoever, then in such event the parties hereto agree that the duration, geographical or other limitation imposed herein should be such as the court determines to be fair and reasonable, it being the intent of each of the parties hereto be subject to an agreement that is necessary for the protection of the legitimate interest of the Company and it successors or assigns and that is not unduly harsh in curtaining the legitimate rights of the Employee. If the court declines to define less broad permissible restrictions, the parties agree to submit to binding arbitration the permissible scope of reasonable restrictions, pursuant to the South Carolina Uniform Arbitration Act, and agree that such arbitration result shall be incorporated into this Agreement and that this Agreement will be amended accordingly. (c) Employee agrees that if he breaches any of the covenants set forth in this Agreement, Company shall be entitled to setoff its damages against any amount owed by Company (or successor) to Employee and to cease making payments to Company pending a resolution of the controversy. This Paragraph 10(c) shall in no way limit the Company’s right to simultaneously seek and obtain injunctive relief as set forth in Paragraph 10(a).

Appears in 9 contracts

Samples: Employment Agreement (SCBT Financial Corp), Employment Agreement (SCBT Financial Corp), Employment Agreement (SCBT Financial Corp)

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Company’s Right to Obtain an Injunction. Employee acknowledges that the Company or Company Affiliate will have no adequate means of protecting its rights under Sections 8 and 9 other than by securing an injunction. (a) Employee agrees that the Company or Company Affiliate is entitled to enforce this Agreement by obtaining a preliminary and permanent injunction and any other appropriate equitable relief in any court of competent jurisdiction. Employee acknowledges that the Company’s 's or Company Affiliate's recovery of damages will not be an adequate means to redress a breach of this Agreement. Nothing contained in this Section 10 shall prohibit the Company or Company's Affiliate from obtaining any appropriate remedies in addition to injunctive relief, including recovery of damages. (b) If a court determines that this Agreement or any covenant contained herein is unreasonable, void or unenforceable, for any reason whatsoever, then in such event the parties hereto agree that the duration, geographical or other limitation imposed herein should be such as the court determines to be fair and reasonable, it being the intent of each of the parties hereto be subject to an agreement that is necessary for the protection of the legitimate interest of the Company and/or Company Affiliate and it its successors or assigns and that is not unduly harsh in curtaining the legitimate rights of the Employee. If the court declines to define less broad permissible restrictions, the parties agree to submit to binding arbitration the permissible scope of reasonable restrictions, pursuant to the Federal Arbitration Act and/or South Carolina Uniform Arbitration Act, and agree that such arbitration result shall be incorporated into this Agreement and that this Agreement will be amended accordingly. (c) Employee agrees that if he breaches any of the covenants set forth in this Agreement, the Company shall be entitled to setoff its damages against any amount owed by the Company (or successor) to Employee and to cease making payments to Company the Employee pending a resolution of the controversy. This Paragraph 10(c) shall in no way limit the Company’s 's or Company Affiliate's right to simultaneously seek and obtain injunctive relief as set forth in Paragraph 10(a).

Appears in 2 contracts

Samples: Employment Agreement (SOUTH STATE Corp), Employment Agreement (SOUTH STATE Corp)

Company’s Right to Obtain an Injunction. Employee acknowledges that the Company or Company Affiliate will have no adequate means of protecting its rights under Sections 8 and 9 other than by securing an injunction. (a) Employee agrees that the Company or Company Affiliate is entitled to enforce this Agreement by obtaining a preliminary and permanent injunction and any other appropriate equitable relief in any court of competent jurisdiction. Employee acknowledges that the Company’s or Company Affiliate’s recovery of damages will not be an adequate means to redress a breach of this Agreement. Nothing contained in this Section 10 shall prohibit the Company or Company’s Affiliate from obtaining any appropriate remedies in addition to injunctive relief, including recovery of damages. (b) If a court determines that this Agreement or any covenant contained herein is unreasonable, void or unenforceable, for any reason whatsoever, then in such event the parties hereto agree that the duration, geographical or other limitation imposed herein should be such as the court determines to be fair and reasonable, it being the intent of each of the parties hereto be subject to an agreement that is necessary for the protection of the legitimate interest of the Company and/or Company Affiliate and it its successors or assigns and that is not unduly harsh in curtaining the legitimate rights of the Employee. If the court declines to define less broad permissible restrictions, the parties agree to submit to binding arbitration the permissible scope of reasonable restrictions, pursuant to the South Carolina Uniform Arbitration Act, and agree that such arbitration result shall be incorporated into this Agreement and that this Agreement will be amended accordingly. (c) Employee agrees that if he breaches any of the covenants set forth in this Agreement, the Company shall be entitled to setoff its damages against any amount owed by the Company (or successor) to Employee and to cease making payments to Company the Employee pending a resolution of the controversy. This Paragraph 10(c) shall in no way limit the Company’s or Company Affiliate’s right to simultaneously seek and obtain injunctive relief as set forth in Paragraph 10(a).

Appears in 1 contract

Samples: Employment Agreement (SCBT Financial Corp)

Company’s Right to Obtain an Injunction. Employee acknowledges that the Company will have no adequate means of protecting its rights under Sections 8 and 9 other than by securing an injunction. (a) Employee agrees that the Company is entitled to enforce this Agreement by obtaining a preliminary and permanent injunction and any other appropriate equitable relief in any court of competent jurisdiction. Employee acknowledges that the Company’s recovery of damages will not be an adequate means to redress a breach of this Agreement. Nothing contained in this Section 10 shall prohibit the Company from obtaining any appropriate remedies in addition to injunctive relief, including recovery of damages. (b) If a court determines that this Agreement or any covenant contained herein is unreasonable, void or unenforceable, for any reason whatsoever, then in such event the parties hereto agree that the duration, geographical or other limitation imposed herein should be such as the court determines to be fair and reasonable, it being the intent of each of the parties hereto be subject to an agreement that is necessary for the protection of the legitimate interest of the Company and it successors or assigns and that is not unduly harsh in curtaining the legitimate rights of the Employee. If the court declines to define less broad permissible restrictions, the parties agree to submit to binding arbitration the permissible scope of reasonable restrictions, pursuant to the South Carolina Uniform Arbitration Act, and agree that such arbitration result shall be incorporated into this Agreement and that this Agreement will be amended accordingly. (c) Employee agrees that if he breaches any of the covenants set forth in this Agreement, Company shall be entitled to setoff its damages against any amount owed by Company (or successor) to Employee and to cease making payments to Company pending a resolution of the controversy. This Paragraph 10(c) shall in no way limit the Company’s 's right to simultaneously seek and obtain injunctive relief as set forth in Paragraph 10(a).

Appears in 1 contract

Samples: Employment Agreement (SCBT Financial Corp)

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Company’s Right to Obtain an Injunction. Employee acknowledges that the Company or Company Affiliate will have no adequate means of protecting its rights under Sections 8 and 9 other than by securing an injunction. (a) Employee agrees that the Company or Company Affiliate is entitled to enforce this Agreement by obtaining a preliminary and permanent injunction and any other appropriate equitable relief in any court of competent jurisdiction. Employee acknowledges that the Company’s or Company Affiliate’s recovery of damages will not be an adequate means to redress a breach of this Agreement. Nothing contained in this Section 10 shall prohibit the Company or Company’s Affiliate from obtaining any appropriate remedies in addition to injunctive relief, including recovery of damages. (b) If a court determines that this Agreement or any covenant contained herein is unreasonable, void or unenforceable, for any reason whatsoever, then in such event the parties hereto agree that the duration, geographical or other limitation imposed herein should be such as the court determines to be fair and reasonable, it being the intent of each of the parties hereto be subject to an agreement that is necessary for the protection of the legitimate interest of the Company and/or Company Affiliate and it its successors or assigns and that is not unduly harsh in curtaining the legitimate rights of the Employee. If the court declines to define less broad permissible restrictions, the parties agree to submit to binding arbitration the permissible scope of reasonable restrictions, pursuant to the Federal Arbitration Act and/or South Carolina Uniform Arbitration Act, and agree that such arbitration result shall be incorporated into this Agreement and that this Agreement will be amended accordingly. (c) Employee agrees that if he breaches any of the covenants set forth in this Agreement, the Company shall be entitled to setoff its damages against any amount owed by the Company (or successor) to Employee and to cease making payments to Company the Employee pending a resolution of the controversy. This Paragraph 10(c) shall in no way limit the Company’s or Company Affiliate’s right to simultaneously seek and obtain injunctive relief as set forth in Paragraph 10(a).

Appears in 1 contract

Samples: Employment Agreement (SCBT Financial Corp)

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