CORPORATION'S REMEDIES FOR BREACH. It is recognized that damages in the event of breach of Section 2 by the Executive would be difficult, if not impossible, to ascertain, and it is therefore agreed that the Corporation, in addition to and without limiting any other remedy or right it may have, shall have the right to an injunction or other equitable relief in any court of competent jurisdiction, enjoining any such breach, and the Executive hereby waives any and all defenses he may have on the ground of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief. The existence of this right shall not preclude any other rights and remedies at law or in equity which the Corporation may have.
CORPORATION'S REMEDIES FOR BREACH. The Executive acknowledges that damages in the event of his breach of this Section 2 would be difficult, if not impossible, to ascertain. The Corporation shall have the right to an injunction or other equitable relief in any court of competent jurisdiction enjoining any such breach without having to post a bond. The existence of this right shall not preclude any other rights and remedies at law or in equity available to the Corporation.
CORPORATION'S REMEDIES FOR BREACH. It is recognized that damages in the event of breach of Section 3 by the Executive would be difficult, if not impossible, to ascertain, and it is therefore agreed that the Corporation, in addition to and without limiting any other remedy or right it may have, shall have the right to an injunction or other equitable relief in any court of competent jurisdiction, enjoining any such breach, and the Executive hereby waives any and all defenses he may have on the ground of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief. The existence of this right shall not preclude any other rights and remedies at law or in equity which the Corporation may have.
CORPORATION'S REMEDIES FOR BREACH. Notwithstanding the provisions of Article XI hereof, it is recognized that damages in the event of breach of Article II by the Executive would be difficult, if not impossible, to ascertain, and it is therefore agreed that the Corporation, in addition to and without limiting any other remedy or right they may have, shall have the right to an injunction or other equitable relief, in any court of competent jurisdiction, enjoining any such breach, and the Executive hereby waives any and all defenses he may have on the ground of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief. The existence of this right shall not preclude any other rights and remedies at law or in equity which the Corporation may have.
CORPORATION'S REMEDIES FOR BREACH. It is recognized that damages in the event of breach of paragraphs 4.1 or 4.2 by the Employee would be difficult, if not impossible, to ascertain, and it is therefore agreed that the Corporation, in addition to and without limiting any other remedy or right they may have, shall terminate SERP payments as provided under this Agreement in the event of breach of paragraphs 4.1 or 4.2. Prior to the termination of SERP payments, however, the Corporation shall provide summary notice to the Employee of such action, by registered or certified mail, return receipt requested, addressed to the Employee at her then principal residence according to the records of the Corporation. The Employee shall have thirty (30) days from date of receipt of this summary notice to respond in writing to the Corporation at its then principal offices. SERP payments shall be terminated if Employee response is not timely, or if Employee response does not negate allegations of non-competition and/or confidentiality violations. In addition, the Corporation shall have the right to seek an injunction or other equitable relief in any court of competent jurisdiction, enjoining any such breach, and the Employee hereby waives any and all defenses she may have on the ground of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief. The existence of this right shall not preclude any other rights and remedies at law or in equity which the Corporation may have.
CORPORATION'S REMEDIES FOR BREACH. It is recognized that damages in the event of a breach of Article II by the Executive would be difficult, if not impossible, to ascertain, and it is therefore agreed that, if such a breach occurs, the Corporation, in addition to and without limiting any other remedy or right it may have, shall have the right to an injunction or other equitable relief, in any court of competent jurisdiction, enjoining any such breach, and the Executive hereby waives any and all defenses he may have on the ground of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief. The existence of this right shall not preclude any other rights and remedies at law or in equity which the Corporation may have. The Corporation also shall have the specific right to a refund of any payments made, but not owed, to the Executive because of a breach by him of his obligations hereunder, and the Corporation shall have the right to cease payments not payable to the Executive because of a breach hereunder.
CORPORATION'S REMEDIES FOR BREACH. It is recognized that damages in the event of a breach of Article II by the Executive would be difficult, if not impossible, to ascertain, and it is therefore agreed that, if such a breach occurs, the Corporation, in addition to and without limiting any other remedy or right it may have, shall have the right to an injunction or other equitable relief, in any court of competent jurisdiction, enjoining any such breach, and the Executive hereby waives any and all defenses he may have on the ground of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief. The
CORPORATION'S REMEDIES FOR BREACH. Notwithstanding the provisions of Article X hereof, it is recognized that damages in the event of breach of Article II by the Executive would be difficult, if not impossible, to ascertain, and it is therefore agreed that the Corporation, in addition to and without limiting any other remedy or right they may have, shall have the right to an injunction or other equitable relief, in any court of competent jurisdiction, enjoining any such breach. The existence of this right shall not preclude any other rights and remedies at law or in equity which the Corporation may have. ARTICLE IV
CORPORATION'S REMEDIES FOR BREACH. It is recognized that damages in the event of a breach of Sections 5.1 and/or 5.2 of this Agreement by the Executive would be difficult, if not impossible, to ascertain, and it is therefore agreed that, if such a breach occurs, the Corporation, in addition to and without limiting any other remedy or right it may have, may have the right to an injunction or other equitable relief, in any court of competent jurisdiction, enjoining any such breach. Furthermore, in the event of a material breach by the Executive of Section 5.2 above, the Corporation, upon 10 days’ notice to the Executive, shall have the right to withhold payment to the Executive for any further payments and benefits due him under this Agreement. In the event that a court of competent jurisdiction or an arbitrator (acting in accordance with Article XI of this Agreement), determines that the Executive has materially breached Section 5.2 above, the Executive shall have no right to receive such withheld payments and benefits. In the event that payments and benefits are withheld and a court of competent jurisdiction or arbitrator subsequently determines that the Executive did not materially breach Section 5.2 above, the withheld payments and benefits shall be paid to the Executive 45 days after the decision of the court or arbitrator becomes final and non-appealable. The existence of this right shall not preclude any other rights and remedies at law or in equity that the Corporation may have.
CORPORATION'S REMEDIES FOR BREACH. It is recognized that damages in the event of breach of paragraph 2 by the Executive would be difficult, if not impossible, to ascertain, and it is, therefore, agreed that the Corporation, in addition to and without limiting any other remedy or right it may have, shall have the right to an injunction or other equitable relief in any court of competent jurisdiction, enjoining any breach, and the Executive hereby waives any and all defenses he may have on the ground of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief.
