Enforcement and Injunctive Relief. In addition to any other remedies to which the Company is entitled, on the Company’s becoming aware that you have breached, or potentially have breached, any of the Covenants and Representations set forth in this Agreement, above, the Company shall have a right to seek recoupment of the portion of any award under the Plan, or any plan or program that is a successor to the Plan, that (i) vested within the 12 months prior to the date of your voluntary separation from service or your involuntary separation from service other than for cause, each under and as defined in your termination agreement, and (ii) includes and is subject to these Covenants and Representations, including any proceeds or value received from the exercise or sale of that portion of any such awards. Further, if you shall breach any of the covenants contained herein, the Company may recover from you all such damages as it may be entitled to under the terms of this Agreement, any other agreement between the Company and you, at law, or in equity. In addition, you acknowledge that any such breach of the Covenants and Representations in the Agreement is likely to result in immediate and irreparable harm to the Company for which money damages are likely to be inadequate. Accordingly, you consent to injunctive and other appropriate equitable relief without the necessity of bond in excess of $500.00 upon the institution of proceedings therefor by the Company in order to protect the Company’s rights hereunder.
Enforcement and Injunctive Relief. Notwithstanding any other provisions of this Agreement, Provider and Health Plan agree that if any party to this Agreement violates any of the provisions of this Article VI of this Agreement, that the aggrieved party shall be entitled to any and all applicable remedies at law and/or equity to prevent further breach of this Article VI, including injunctive relief, without posting bond. Provider acknowledges that any unauthorized use or disclosure of Confidential Information would result in damage to Health Plan that may be intangible but nonetheless real, and that is incapable of complete remedy by an award of damages. Accordingly, any such violation shall give Health Plan the right to a court-ordered injunction or other appropriate order to specifically enforce the provisions of this Agreement. Provider agrees to pay to Health Plan any reasonable expenses, including but not limited to attorneys’ fees, incurred in obtaining and collecting any remedies, relief, or damages. Declaration of Confidentiality. Provider, subcontractors, and any drivers shall execute the Declaration of Confidentiality, Attachment F, appended hereto and incorporated herein by this reference, prior to beginning any work under this Agreement which will involve access to Medi-Cal member PHI.
Enforcement and Injunctive Relief. In the event of a breach or anticipated beach by the Employee of the provisions of Exhibit C (Proprietary Information and Employee Inventions Agreement) hereof, the Company shall be entitled to immediate injunctive relief and shall have the right to have provisions of this Agreement specifically enforced by any court of competent jurisdiction without having to prove the inadequacy of any other available remedies, it being acknowledged and agreed that any such breach will cause irreparable harm to the Company and that damages will not provide an adequate remedy to the Company. In addition, the Company may take all such other actions and remedies available to it in law or in equity and shall be entitled to such damages as it can show it has sustained by reason of such breach.
