Disgorgement. In the event that Executive materially violates any of the restrictive covenants contained in Sections 4.1, 4.2 or 4.3, then, in addition to any other rights and remedies that NMHC may have (including the right to an injunction against further violations), Executive shall account for any and all revenue, compensation, income, gains and/or profits received or receivable, directly or indirectly, by Executive arising out of or relating to any such violation (“Disgorgement Amounts”) and pay to NMHC on demand made by NMHC at any time and from time to time an aggregate amount equal to the greater of: (i) the Disgorgement Amounts or (ii) all monetary damages actually suffered by NMHC as a result of such violation.
Appears in 4 contracts
Samples: Employment Agreement (National Medical Health Card Systems Inc), Employment Agreement (National Medical Health Card Systems Inc), Employment Agreement (National Medical Health Card Systems Inc)
