Common use of Enforcement and Remedies Clause in Contracts

Enforcement and Remedies. (a) If, at the time of enforcement of any of Sections 6(a),(b), (c) or (d), a court of competent jurisdiction shall hold that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the court shall be allowed to substitute the maximum legally-permissible restrictions for the restrictions contained in this Agreement. (b) Employee acknowledges that the provisions of Section 6 are in consideration of good and valuable consideration, including the sign-on bonus, the receipt and sufficiency of which are hereby acknowledged. Employee expressly agrees and acknowledges that the restrictions contained in Section 6 do not preclude Employee from earning a livelihood, nor do they unreasonably impose limitations on Employee’s ability to earn a living. In addition, Employee agrees and acknowledges that the Company and the Company Affiliates are engaged in the Business, the Business is highly competitive and the services to be performed by Employee for the Company are unique and national in nature, and the potential harm to the Company and the Company Affiliates of the non-enforcement of the provisions of this Section 7 outweighs any harm to Employee of the enforcement of such provisions by injunction or otherwise. Employee acknowledges that Employee has carefully read this Agreement and has given careful consideration to the restraints imposed upon Employee by this Agreement, and is in full accord as to their necessity. Employee expressly acknowledges and agrees that the restrictions contained herein are reasonable in terms of duration, scope and area restrictions and are necessary to protect the Confidential Information and the goodwill of the businesses of the Company and the Company Affiliates, and Employee agrees not to challenge the validity or enforceability of the restrictions contained herein. The parties hereto expressly agree that money damages would not be an adequate remedy for breaching any provision of Section 6, and that the Company would be irreparably damaged if Employee were to disclose the Confidential Information, solicit or hire Employees, solicit customers or provide services to any person or entity in violation of the provisions of this Agreement. Therefore, in the event of a breach or threatened breach of any such provision, the Company and/or any Company Affiliate or their respective successors or assigns shall be entitled to, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without the necessity of posting a bond or other security, or proving economic harm).

Enforcement and Remedies. (a) If, at the time of enforcement of any of Sections 6(a),(b), (c) or (d), a court of competent jurisdiction shall hold that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the court shall be allowed to substitute the maximum legally-permissible restrictions for the restrictions contained in this Agreement. (b) Employee Xykis acknowledges that the provisions of Section 6 are in consideration of good and valuable consideration, including the sign-on bonus, the receipt and sufficiency of which are hereby acknowledged. Employee Xxxxx expressly agrees and acknowledges that the restrictions contained in Section 6 do not preclude Employee Xykis from earning a livelihood, nor do they unreasonably impose limitations on EmployeeXxxxx’s ability to earn a living. In addition, Employee Xxxxx agrees and acknowledges that the Company and the Company Affiliates are engaged in the Business, the Business is highly competitive and the services to be performed by Employee Xykis for the Company are unique and national in nature, and the potential harm to the Company and the Company Affiliates of the non-enforcement of the provisions of this Section 7 outweighs any harm to Employee Xykis of the enforcement of such provisions by injunction or otherwise. Employee Xxxxx acknowledges that Employee Xxxxx has carefully read this Agreement and has given careful consideration to the restraints imposed upon Employee Xykis by this Agreement, Agreement and is in full accord as to their necessity. Employee Xykis expressly acknowledges and agrees that the restrictions contained herein are reasonable in terms of duration, scope and area restrictions and are necessary to protect the Confidential Information and the goodwill of the businesses of the Company and the Company Affiliates, and Employee Xykis agrees not to challenge the validity or enforceability of the restrictions contained herein. The parties hereto expressly agree that money damages would not be an adequate remedy for breaching any provision of Section 6, and that the Company would be irreparably damaged if Employee Xykis were to disclose the Confidential Information, solicit or hire Employeesemployees, solicit customers or provide services to any person or entity in violation of the provisions of this Agreement. Therefore, in the event of a breach or threatened breach of any such provision, the Company and/or any Company Affiliate or their respective successors or assigns shall be entitled to, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without the necessity of posting a bond or other security, or proving economic harm).

Enforcement and Remedies. (a) If, at the time of enforcement of any of Sections 6(a),(b), (c) or (d), a court of competent jurisdiction shall hold that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the court shall be allowed to substitute the maximum legally-permissible restrictions for the restrictions contained in this Agreement. (b) Employee Xykis acknowledges that the provisions of Section 6 are in consideration of good and valuable consideration, including the sign-on bonus, the receipt and sufficiency of which are hereby acknowledged. Employee Xxxxx expressly agrees and acknowledges that the restrictions contained in Section 6 do not preclude Employee Xykis from earning a livelihood, nor do they unreasonably impose limitations on Employee’s Xykis’ ability to earn a living. In addition, Employee Xxxxx agrees and acknowledges that the Company and the Company Affiliates are engaged in the Business, the Business is highly competitive and the services to be performed by Employee Xykis for the Company are unique and national in nature, and the potential harm to the Company and the Company Affiliates of the non-enforcement of the provisions of this Section 7 outweighs any harm to Employee Xykis of the enforcement of such provisions by injunction or otherwise. Employee Xxxxx acknowledges that Employee Xxxxx has carefully read this Agreement and has given careful consideration to the restraints imposed upon Employee Xykis by this Agreement, Agreement and is in full accord as to their necessity. Employee Xykis expressly acknowledges and agrees that the restrictions contained herein are reasonable in terms of duration, scope and area restrictions and are necessary to protect the Confidential Information and the goodwill of the businesses of the Company and the Company Affiliates, and Employee Xykis agrees not to challenge the validity or enforceability of the restrictions contained herein. The parties hereto expressly agree that money damages would not be an adequate remedy for breaching any provision of Section 6, and that the Company would be irreparably damaged if Employee Xykis were to disclose the Confidential Information, solicit or hire Employeesemployees, solicit customers or provide services to any person or entity in violation of the provisions of this Agreement. Therefore, in the event of a breach or threatened breach of any such provision, the Company and/or any Company Affiliate or their respective successors or assigns shall be entitled to, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without the necessity of posting a bond or other security, or proving economic harm).

Enforcement and Remedies. (a) If, at the time of enforcement of any of Sections 6(a),(b), (c) or (dc), a court of competent jurisdiction shall hold that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the court shall be allowed to substitute the maximum legally-permissible restrictions for the restrictions contained in this Agreement. (b) Employee Xxxxx acknowledges that the provisions of Section 6 are in consideration of good and valuable consideration, including the sign-on bonus, the receipt and sufficiency of which are hereby acknowledged. Employee Xxxxx expressly agrees and acknowledges that the restrictions contained in Section 6 do not preclude Employee Xxxxx from earning a livelihood, nor do they unreasonably impose limitations on Employee’s Xxxxx’x ability to earn a living. In addition, Employee Xxxxx agrees and acknowledges that the Company and the Company Affiliates are engaged in the Business, the Business is highly competitive and the services to be performed by Employee Xxxxx for the Company are unique and national global in nature, and the potential harm to the Company and the Company Affiliates of the non-enforcement of the provisions of this Section 7 6 outweighs any harm to Employee Xxxxx of the enforcement of such provisions by injunction or otherwise. Employee Xxxxx acknowledges that Employee Xxxxx has carefully read this Agreement and has given careful consideration to the restraints imposed upon Employee Xxxxx by this Agreement, and is in full accord as to their necessity. Employee Xxxxx expressly acknowledges and agrees that the restrictions contained herein are reasonable in terms of duration, scope and area restrictions and are necessary to protect the Confidential Information and the goodwill of the businesses of the Company and the Company Affiliates, and Employee Xxxxx agrees not to challenge the validity or enforceability of the restrictions contained herein. The parties hereto expressly agree that money damages would not be an adequate remedy for breaching any provision of Section 6, and that the Company would be irreparably damaged if Employee Xxxxx were to disclose the Confidential Information, solicit or hire Employeesemployees, solicit customers or provide services to any person or entity in violation of the provisions of this Agreement. Therefore, in the event of a breach or threatened breach of any such provision, the Company and/or any Company Affiliate or their respective successors or assigns shall be entitled to, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without the necessity of posting a bond or other security, or proving economic harm). Nothing herein is intended to limit the rights and remedies of the Company or any Company Affiliate under the Illinois Trade Secrets Act or under any other statute or the common law concerning the unauthorized disclosure of confidential information.

Enforcement and Remedies. (a) If, at the time of enforcement of any of Sections 6(a),(b), (c) or (d)Section 5, a court of competent jurisdiction or an arbitrator shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or area reasonable under such circumstances shall be substituted for the stated duration, scope or area and that the court or arbitrator shall be allowed to substitute the maximum legally-permissible restrictions for revise the restrictions contained in this Agreementherein to cover the maximum period, scope and area permitted by law. (b) Employee Executive agrees that he shall not be entitled to receive any Severance Benefit if Executive breaches any of his obligations arising under Section 5. (c) Executive acknowledges that the provisions of Section 6 5 are in consideration of good and valuable consideration, including the sign-on bonus, the receipt and sufficiency of which are hereby acknowledged. Employee Executive expressly agrees and acknowledges that the restrictions contained in Section 6 5 do not preclude Employee Executive from earning a livelihood, nor do they unreasonably impose limitations on EmployeeExecutive’s ability to earn a living. In addition, Employee Executive agrees and acknowledges that the Company and the Company Affiliates are engaged in the Business, the Business is highly competitive and the services to be performed by Employee for the Company are unique and national in nature, and the potential harm to the Company and the Company Affiliates any Entity of the its non-enforcement of the provisions of this Section 7 outweighs any harm to Employee Executive of the its enforcement of such provisions by injunction or otherwise. Employee Executive acknowledges that Employee Executive has carefully read this Agreement and has given careful consideration to the restraints imposed upon Employee Executive by this Agreement, and is in full accord as to their necessity. Employee Executive expressly acknowledges and agrees that the restrictions contained herein are reasonable in terms of duration, scope and area restrictions and are necessary to protect the Confidential Information and the goodwill of the businesses of the Company and the Company Affiliatesany Entity, and Employee Executive agrees not to challenge the validity or enforceability of the restrictions contained herein. The parties hereto expressly agree that money damages would not be an adequate remedy for breaching any provision of Section 6, and that the Company would be irreparably damaged if Employee were to disclose the Confidential Information, solicit or hire Employees, solicit customers or provide services to any person or entity in violation of the provisions of this Agreement5. Therefore, in the event of a breach or threatened breach of any such provision, the Company and/or any Company Affiliate other Entity or their respective successors or assigns shall be entitled to, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without the necessity of posting a bond or other security, or proving economic harm). (d) Sections 5 and 6 shall survive and continue in full force and effect in accordance with its terms notwithstanding the termination or expiration of this Agreement and/or the end of the Employment Period and the Termination of Executive’s employment for any reason.

Enforcement and Remedies. (a) If, at the time of enforcement of any of Sections 6(a),(b), (c) or (d), a court of competent jurisdiction shall hold that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the court shall be allowed to substitute the maximum legally-permissible restrictions for the restrictions contained in this Agreement. (b) Employee Shao acknowledges that the provisions of Section 6 are in consideration of good and valuable consideration, including the sign-on bonus, the receipt and sufficiency of which are hereby acknowledged. Employee Xxxx expressly agrees and acknowledges that the restrictions contained in Section 6 do not preclude Employee Shao from earning a livelihood, nor do they unreasonably impose limitations on EmployeeShao’s ability to earn a living. In addition, Employee Xxxx agrees and acknowledges that the Company and the Company Affiliates are engaged in the Business, the Business is highly competitive and the services to be performed by Employee Shao for the Company are unique and national in nature, and the potential harm to the Company and the Company Affiliates of the non-enforcement of the provisions of this Section 7 outweighs any harm to Employee Shao of the enforcement of such provisions by injunction or otherwise. Employee Xxxx acknowledges that Employee Xxxx has carefully read this Agreement and has given careful consideration to the restraints imposed upon Employee Shao by this Agreement, Agreement and is in full accord as to their necessity. Employee Xxxx expressly acknowledges and agrees that the restrictions contained herein are reasonable in terms of duration, scope and area restrictions and are necessary to protect the Confidential Information and the goodwill of the businesses of the Company and the Company Affiliates, and Employee Shao agrees not to challenge the validity or enforceability of the restrictions contained herein. The parties hereto expressly agree that money damages would not be an adequate remedy for breaching any provision of Section 6, and that the Company would be irreparably damaged if Employee Shao were to disclose the Confidential Information, solicit or hire Employeesemployees, solicit customers or provide services to any person or entity in violation of the provisions of this Agreement. Therefore, in the event of a breach or threatened breach of any such provision, the Company and/or any Company Affiliate or their respective successors or assigns shall be entitled to, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without the necessity of posting a bond or other security, or proving economic harm).

Enforcement and Remedies. (a) If, at the time of enforcement of any of Sections 6(a),(b), (c) or (dc), a court of competent jurisdiction shall hold that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the court shall be allowed to substitute the maximum legally-permissible restrictions for the restrictions contained in this Agreement. (b) Employee Executive acknowledges that the provisions of Section 6 are in consideration of good and valuable consideration, including the sign-on bonus, the receipt and sufficiency of which are hereby acknowledged. Employee Executive expressly agrees and acknowledges that the restrictions contained in Section 6 do not preclude Employee Executive from earning a livelihood, nor do they unreasonably impose limitations on EmployeeExecutive’s ability to earn a living. In addition, Employee Executive agrees and acknowledges that the Company and the Company Affiliates are engaged in the Business, the Business is highly competitive and the services to be performed by Employee Executive for the Company are unique and national in nature, and the potential harm to the Company and the Company Affiliates of the non-enforcement of the provisions of this Section 7 outweighs any harm to Employee Executive of the enforcement of such provisions by injunction or otherwise. Employee Executive acknowledges that Employee Executive has carefully read this Agreement and has given careful consideration to the restraints imposed upon Employee Executive by this Agreement, and is in full accord as to their necessity. Employee Executive expressly acknowledges and agrees that the restrictions contained herein are reasonable in terms of duration, scope and area restrictions and are necessary to protect the Confidential Information and the goodwill of the businesses of the Company and the Company Affiliates, and Employee Executive agrees not to challenge the validity or enforceability of the restrictions contained herein. The parties hereto expressly agree that money damages would not be an adequate remedy for breaching any provision of Section 6, and that the Company would be irreparably damaged if Employee Executive were to disclose the Confidential Information, solicit or hire EmployeesExecutives, solicit customers or provide services to any person or entity in violation of the provisions of this Agreement. Therefore, in the event of a breach or threatened breach of any such provision, the Company and/or any Company Affiliate or their respective successors or assigns shall be entitled to, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without the necessity of posting a bond or other security, or proving economic harm).

Enforcement and Remedies. (a) If, at the time of enforcement of any of Sections 6(a),(b), (c) or (dc), a court of competent jurisdiction shall hold that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the court shall be allowed to substitute the maximum legally-permissible restrictions for the restrictions contained in this Agreement. (b) Employee Buzogany acknowledges that the provisions of Section 6 are in consideration of good and valuable consideration, including the sign-on bonus, the receipt and sufficiency of which are hereby acknowledged. Employee Buzogany expressly agrees and acknowledges that the restrictions contained in Section 6 do not preclude Employee Buzogany from earning a livelihood, nor do they unreasonably impose limitations on EmployeeBuzogany’s ability to earn a living. In addition, Employee Buzogany agrees and acknowledges that the Company and the Company Affiliates are engaged in the Business, the Business is highly competitive and the services to be performed by Employee Buzogany for the Company are unique and national global in nature, and the potential harm to the Company and the Company Affiliates of the non-enforcement of the provisions of this Section 7 6 outweighs any harm to Employee Buzogany of the enforcement of such provisions by injunction or otherwise. Employee Buzogany acknowledges that Employee Buzogany has carefully read this Agreement and has given careful consideration to the restraints imposed upon Employee Buzogany by this Agreement, and is in full accord as to their necessity. Employee Buzogany expressly acknowledges and agrees that the restrictions contained herein are reasonable in terms of duration, scope and area restrictions and are necessary to protect the Confidential Information and the goodwill of the businesses of the Company and the Company Affiliates, and Employee Buzogany agrees not to challenge the validity or enforceability of the restrictions contained herein. The parties hereto expressly agree that money damages would not be an adequate remedy for breaching any provision of Section 6, and that the Company would be irreparably damaged if Employee Buzogany were to disclose the Confidential Information, solicit or hire Employeesemployees, solicit customers or provide services to any person or entity in violation of the provisions of this Agreement. Therefore, in the event of a breach or threatened breach of any such provision, the Company and/or any Company Affiliate or their respective successors or assigns shall be entitled to, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without the necessity of posting a bond or other security, or proving economic harm). Nothing herein is intended to limit the rights and remedies of the Company or any Company Affiliate under the Illinois Trade Secrets Act or under any other statute or the common law concerning the unauthorized disclosure of confidential information.

Enforcement and Remedies. (a) If, at the time of enforcement of any of Sections 6(a),(b), (c) or (d), a court of competent jurisdiction shall hold that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the court shall be allowed to substitute the maximum legally-permissible restrictions for the restrictions contained in this Agreement. (b) Employee Xxxxxx acknowledges that the provisions of Section 6 are in consideration of good and valuable consideration, including the sign-on bonus, the receipt and sufficiency of which are hereby acknowledged. Employee Xxxxxx expressly agrees and acknowledges that the restrictions contained in Section 6 do not preclude Employee Xxxxxx from earning a livelihood, nor do they unreasonably impose limitations on Employee’s Xxxxxx’x ability to earn a living. In addition, Employee Xxxxxx agrees and acknowledges that the Company and the Company Affiliates are engaged in the Business, the Business is highly competitive and the services to be performed by Employee Xxxxxx for the Company are unique and national in nature, and the potential harm to the Company and the Company Affiliates of the non-enforcement of the provisions of this Section 7 outweighs any harm to Employee Xxxxxx of the enforcement of such provisions by injunction or otherwise. Employee Xxxxxx acknowledges that Employee Xxxxxx has carefully read this Agreement and has given careful consideration to the restraints imposed upon Employee Xxxxxx by this Agreement, Agreement and is in full accord as to their necessity. Employee Xxxxxx expressly acknowledges and agrees that the restrictions contained herein are reasonable in terms of duration, scope and area restrictions and are necessary to protect the Confidential Information and the goodwill of the businesses of the Company and the Company Affiliates, and Employee Xxxxxx agrees not to challenge the validity or enforceability of the restrictions contained herein. The parties hereto expressly agree that money damages would not be an adequate remedy for breaching any provision of Section 6, and that the Company would be irreparably damaged if Employee Xxxxxx were to disclose the Confidential Information, solicit or hire Employeesemployees, solicit customers or provide services to any person or entity in violation of the provisions of this Agreement. Therefore, in the event of a breach or threatened breach of any such provision, the Company and/or any Company Affiliate or their respective successors or assigns shall be entitled to, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without the necessity of posting a bond or other security, or proving economic harm).

Enforcement and Remedies. (a) If, at the time of enforcement of any of Sections 6(a),(b), (c) or (dc), a court of competent jurisdiction shall hold that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the court shall be allowed to substitute the maximum legally-permissible restrictions for the restrictions contained in this Agreement. (b) Employee Xxxxxx acknowledges that the provisions of Section 6 are in consideration of good and valuable consideration, including the sign-on bonus, the receipt and sufficiency of which are hereby acknowledged. Employee Xxxxxx expressly agrees and acknowledges that the restrictions contained in Section 6 do not preclude Employee Xxxxxx from earning a livelihood, nor do they unreasonably impose limitations on Employee’s Xxxxxx’x ability to earn a living. In addition, Employee Xxxxxx agrees and acknowledges that the Company and the Company Affiliates are engaged in the Business, the Business is highly competitive and the services to be performed by Employee Xxxxxx for the Company are unique and national global in nature, and the potential harm to the Company and the Company Affiliates of the non-enforcement of the provisions of this Section 7 6 outweighs any harm to Employee Xxxxxx of the enforcement of such provisions by injunction or otherwise. Employee Xxxxxx acknowledges that Employee Xxxxxx has carefully read this Agreement and has given careful consideration to the restraints imposed upon Employee Xxxxxx by this Agreement, and is in full accord as to their necessity. Employee Xxxxxx expressly acknowledges and agrees that the restrictions contained herein are reasonable in terms of duration, scope and area restrictions and are necessary to protect the Confidential Information and the goodwill of the businesses of the Company and the Company Affiliates, and Employee Xxxxxx agrees not to challenge the validity or enforceability of the restrictions contained herein. The parties hereto expressly agree that money damages would not be an adequate remedy for breaching any provision of Section 6, and that the Company would be irreparably damaged if Employee Xxxxxx were to disclose the Confidential Information, solicit or hire Employeesemployees, solicit customers or provide services to any person or entity in violation of the provisions of this Agreement. Therefore, in the event of a breach or threatened breach of any such provision, the Company and/or any Company Affiliate or their respective successors or assigns shall be entitled to, in addition to other rights and remedies existing in their favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without the necessity of posting a bond or other security, or proving economic harm). Nothing herein is intended to limit the rights and remedies of the Company or any Company Affiliate under the Illinois Trade Secrets Act or under any other statute or the common law concerning the unauthorized disclosure of confidential information.