Common use of Consequences of Other Breaches of this Section Clause in Contracts

Consequences of Other Breaches of this Section. The Participant acknowledges that damages which may arise from any breach of any of his/her promises contained in this Section 10 may be impossible to ascertain or prove with certainty. The Participant agrees if the Participant breaches any of his/her promises contained in this Section 10, in addition to the remedies provided under subsection (e), if applicable, and any other legal remedies which may be available, the Company shall be entitled to immediate injunctive relief from a court of competent jurisdiction, pending arbitration under Section 11 or otherwise, to end such breach, without further proof of damage.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/), Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/), Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/)

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Consequences of Other Breaches of this Section. The Participant acknowledges that damages which may arise from any breach of any of his/her promises contained in this Section 10 may be impossible to ascertain or prove with certainty. The Participant agrees if the Participant breaches any of his/her promises contained in this Section 10, in addition to the remedies provided under subsection (e), if applicable, and any other legal remedies which may be available, the Company Company, its Subsidiaries or Affiliated Entities (as applicable) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, pending arbitration under Section 11 or otherwise, to end such breach, without further proof of damage.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/), Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/), Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/)

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Consequences of Other Breaches of this Section. The Participant acknowledges that damages which may arise from any breach of any of his/her promises contained in this Section 10 may be impossible to ascertain or prove with certainty. The Participant Par- ticipant agrees if the Participant breaches any of his/her promises contained in this Section 10, in addition to the remedies provided under subsection (e), if applicable, and any other legal remedies which may be available, the Company Company, its Subsidiaries or Affiliated Entities (as applicable) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, pending arbitration under Section 11 or otherwise, to end such breach, without further proof of damage.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/)

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