Common use of EMPLOYER'S REMEDIES FOR BREACH Clause in Contracts

EMPLOYER'S REMEDIES FOR BREACH. OF SECTIONS 5, 6 AND 7 In addition to the remedies referred to in Section 7(b) above, Employee agrees that if Employee breaches or violates any of Employee's covenants or agreements in Sections 5, 6 and 7 hereof, Employer shall be entitled to an accounting and repayment of any and all profits, compensation, commissions, payments and benefits which Employee directly or indirectly has realized and realizes as a result of, or in connection with, any such breach or violation. In addition, in the event of a breach or violation or threatened or imminent breach or violation of any provisions of Sections 5, 6 and 7 hereof, Employer shall be entitled to a temporary and permanent injunction or any other appropriate decree of specific performance or equitable relief (without, unless otherwise required by statute, being required to post bond or other security) from a court of competent jurisdiction in order to prevent, prohibit or restrain any such breach or violation or threatened or imminent breach or violation by Employee. Employer shall be entitled to such injunctive or other equitable relief in addition to any ascertainable damages which are suffered. It is understood that resort by Employer to such injunctive or other equitable relief shall not be deemed to waive or to limit in any respect any other rights or remedies which Employer may have with respect to such breach or violation.

Appears in 7 contracts

Samples: Employment Agreement (Tradestation Group Inc), Merger Agreement (Omega Research Inc), Agreement and Plan of Merger and Reorganization (Onlinetradinginc Com Corp)

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EMPLOYER'S REMEDIES FOR BREACH. OF SECTIONS 5, 6 10 AND 7 In addition to the remedies referred to in Section 7(b) above, 11 Employee covenants and agrees that if Employee breaches shall violate or violates breach any of Employee's covenants or agreements provided for in Sections 5, 6 and 7 Section 10 or 11 hereof, Employer shall be entitled to an accounting and repayment of any and all profits, compensation, commissions, payments remunerations and benefits which Employee directly or indirectly has realized and realizes as a result of, growing out of or in connection with, with any such breach violation or violationbreach. In addition, in the event of a breach or violation or threatened or imminent breach or violation of any provisions of Sections 5, 6 and 7 Section 10 or 11 hereof, Employer shall be entitled to a temporary and permanent injunction or any other appropriate decree of specific performance or equitable relief (without, unless otherwise required by statute, being required to post bond or other security) from a court of competent jurisdiction in order to prevent, prohibit or restrain any such breach or violation or threatened or imminent breach or violation by Employee, by Employee's partners, agents, representatives, servants, employers or employees and/or by any Third Parties. Employer shall be entitled to such injunctive or other equitable relief in addition to any ascertainable damages which are suffered, together with reasonable attorneys' and paralegals' fees and costs and other costs incurred in connection with any such litigation, both before and at trial and at all tribunal levels. It is understood that resort by Employer to such injunctive or other equitable relief shall not be deemed to waive or to limit in any respect any other rights or remedies which Employer may have with respect to such breach or violation.

Appears in 5 contracts

Samples: Employment Agreement (Precision Response Corp), Employment Agreement (Precision Response Corp), Employment Agreement (Precision Response Corp)

EMPLOYER'S REMEDIES FOR BREACH. OF SECTIONS 5, 6 10 AND 7 In addition to the remedies referred to in Section 7(b) above, 11 Employee covenants and agrees that if Employee breaches shall violate or violates breach any of Employee's covenants or agreements provided for in Sections 5, 6 and 7 Section 10 or 11 hereof, Employer shall be entitled to an accounting and repayment of any and all profits, compensation, commissions, payments remunerations and benefits which Employee directly or indirectly has realized and realizes as a result of, growing out of or in connection with, with any such breach violation or violationbreach. In addition, in the event of a breach or violation or threatened or imminent breach or violation of any provisions of Sections 5, 6 and 7 Section 10 or 11 hereof, Employer shall be entitled to a temporary and permanent injunction or any other appropriate decree of specific performance or equitable relief (without, unless otherwise required by statute, without being required to post bond or other security) from a court of competent jurisdiction in order to prevent, prohibit or restrain any such breach or violation or threatened or imminent breach or violation by Employee, by Employee's partners, agents, representatives, servants, employers or employees and/or by any Third Parties. Employer shall be entitled to such injunctive or other equitable relief in addition to any ascertainable damages which are suffered, together with reasonable attorneys' and paralegals' fees and costs and other costs incurred in connection with any such litigation, both before and at trial and at all tribunal levels. It is understood that resort by Employer to such injunctive or other equitable relief shall not be deemed to waive or to limit in any respect any other rights or remedies which Employer may have with respect to such breach or violation.

Appears in 2 contracts

Samples: Employment Agreement (Precision Response Corp), Employment Agreement (Precision Response Corp)

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EMPLOYER'S REMEDIES FOR BREACH. OF SECTIONS 5, 6 1 AND 7 In addition to the remedies referred to in Section 7(b) above, 2 Employee agrees that if Employee breaches shall violate or violates breach any of Employee's covenants or agreements in Sections 5, 6 and 7 Section 1 or 2(a) hereof, Employer shall be entitled to an accounting and repayment of any and all profits, compensation, commissions, payments and benefits which Employee directly or indirectly has realized and realizes as a result of, or in connection with, any such breach violation or violationbreach. In addition, in the event of a breach or violation or threatened or imminent breach or violation of any provisions of Sections 5, 6 and 7 Section 1 or 2 hereof, Employer shall be entitled to a temporary and permanent injunction or any other appropriate decree of specific performance or equitable relief (without, unless otherwise required by statute, being required to post bond or other security) from a court of competent jurisdiction in order to prevent, prohibit or restrain any such breach or violation or threatened or imminent breach or violation by Employee. Employer shall be entitled to such injunctive or other equitable relief in addition to any ascertainable damages which are sufferedsuffered (or liquidated damages which may be payable, as the case may be). It is understood that resort by Employer to such injunctive or other equitable relief shall not be deemed to waive or to limit in any respect any other rights or remedies which Employer may have with respect to such breach or violation.

Appears in 1 contract

Samples: Employment Agreement (Omega Research Inc)

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