Common use of Damages; Accounting for Profits Clause in Contracts

Damages; Accounting for Profits. In addition to any injunctive relief that may be granted to the Company or Executive for breach of this Employment Agreement, the Company and Executive shall be entitled to recover all damages, including reasonable attorneys' fees and costs (including paralegals' fees), sustained or incurred by the Company or Executive by reason of a violation or threatened violation of the terms of this Employment Agreement, and to receive such other remedy or remedies as the court determines is appropriate. Executive covenants and agrees that, if he violates any of his covenants or agreements under Sections 10 and 11 hereof, the Company shall be entitled to an accounting and repayment of all profits, compensations, commissions, remunerations or benefits which Executive directly has realized as a result of, growing out of, in connection with, any such violation; such remedy shall be in addition to and not in limitation of any injunctive relief or any other rights or remedies to which the Company is or may be entitled at law or in equity or under this Employment Agreement.

Appears in 2 contracts

Samples: Executive Employment Agreement (Smart Choice Automotive Group Inc), Executive Employment Agreement (Smart Choice Automotive Group Inc)

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Damages; Accounting for Profits. In addition to any injunctive relief that may be granted to the Company or Executive for breach of this Employment Agreement, the Company and Executive shall be entitled to recover all damages, including reasonable attorneys' fees and costs (including paralegals' fees), sustained or incurred by the Company or Executive by reason of a violation or threatened violation of the terms of this Employment Agreement, and to receive such other remedy or remedies as the court determines is appropriate. Executive covenants and agrees that, if he violates any of his covenants or agreements under Sections 9 and 10 and 11 hereof, the Company shall be entitled to an accounting and repayment of all profits, compensations, commissions, remunerations or benefits which Executive directly or indirectly has realized or may realize as a result of, growing out of, or in connection with, any such violation; such remedy shall be in addition to and not in limitation of any injunctive relief or any other rights or remedies to which the Company is or may be entitled at law or in equity or under this Employment Agreement.

Appears in 2 contracts

Samples: Executive Employment Agreement (Eckler Industries Inc), Executive Employment Agreement (Smart Choice Automotive Group Inc)

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