Enforcement by Injunction. Employee acknowledges that Employee’s violation or threatened or attempted violation of the covenants contained in Section III of this Agreement will cause irreparable harm to Parsley and that money damages would not be sufficient remedy for any breach of those covenants. Employee agrees that Parsley shall be entitled as a matter of right to specific performance of the covenants in Section III of this Agreement, including entry of an ex parte temporary restraining order in a state or federal court, preliminary and permanent injunctive relief against activities in violation of this Agreement, or both, or other appropriate judicial remedy, writ, or order, in any court of competent jurisdiction, restraining any violation or further violation of such agreements by Employee or others acting on Employee’s behalf, without any showing of irreparable harm and without any showing that Parsley does not have an adequate remedy at law. In furtherance of the intent to allow for immediate injunctive relief in the event of a breach, or threatened breach, of this Agreement, Employee agrees that Parsley would be entitled to its attorneys’ fees if successful in seeking injunctive relief and that any temporary restraining order or temporary/preliminary injunction bond should not be more than $1,000. Injunction is expressly not the exclusive remedy hereunder.
Enforcement by Injunction. Employee acknowledges and agrees that the Company will be irreparably damaged if Employee fails to comply with the provisions of Sections 8 or 9. Accordingly, the Company shall be entitled to (i) an injunction or any other appropriate decree of specific performance (without the necessity of posting any bond or other security in connection therewith) in case of any breach or threatened breach of Employee's covenants under Sections 8 or 9, (ii) damages in an amount equal to all compensation, profits, monies, accruals, increments or other benefits derived or received by Employee (or any associated party deriving such benefits, including but not limited to any future employer of Employee) as a result of any such breach of Employee's covenants under Sections 8 or 9, and (iii) indemnification against any other losses, damages, costs and expenses, including actual attorneys' fees and court costs, incurred by the Company in obtaining any damages and/or injunctive relief. Such remedies shall not be exclusive and shall be in addition to any other remedy, at law or in equity, which the Company may have for any breach or threatened breach of Sections 8 or 9 by Employee.
Enforcement by Injunction. Employee acknowledges and agrees that the Company will be immediately, substantially and irreparably damaged if Employee fails to comply with the provisions of Sections 7, 8 or 9. Accordingly, the Company will be entitled to bring action in court for (i) an injunction or any other appropriate decree of specific performance (without the necessity of posting any bond or other security in connection therewith) in case of any breach or threatened breach of Employee’s covenants and obligations under Sections 7, 8 or 9, (ii) damages in an amount equal to all compensation, profits, monies, accruals, increments or other benefits derived or received by Employee (or any associated party deriving such benefits, including but not limited to any future employer of Employee) as a result of any such breach of Employee’s covenants and obligations under Sections 7, 8 or 9, and (iii) indemnification against any other losses, damages, costs and expenses, including actual attorneys’ fees and court costs, incurred by the Company in obtaining any damages and/or injunctive relief as set forth in subsections (i) or (ii) above. Such remedies will not be exclusive and will be in addition to any other remedy, at law or in equity, which the Company may have for any breach or threatened breach of Sections 7, 8 or 9 by Employee. Any action permitted under this Section 10 may be brought in any court having jurisdiction of the parties, and the parties irrevocably consent to the jurisdiction and venue of the state courts of Massachusetts and the Federal District Court for the District of Massachusetts for that purpose. Employee hereby acknowledges and agrees that any breach by Employee of covenants and obligations under this Agreement will cause damage to the Company in Massachusetts and that consent to jurisdiction and venue in Massachusetts is reasonable and fair.
Enforcement by Injunction. Employee acknowledges that the protections of the Company set forth in Sections 9, 10 and 11 of this Agreement are of vital concern to the Company, that monetary damages for any violation thereof would not adequately compensate the Company and that the Company is engaged in a highly competitive business. Accordingly, Employee agrees that the restrictions set forth in Sections 9, 10 and 11 may be enforced by injunction proceedings (without the necessity of posting bond) whether or not his employment hereunder has terminated.
Enforcement by Injunction. Executive acknowledges that the protections of the Company set forth in Sections 3.1, 3.2 and 3.3 of this Agreement are of vital concern to the Company, that monetary damages for any violation thereof would not adequately compensate the Company and that the Company is engaged in a highly competitive business. Accordingly, Executive agrees that the restrictions set forth in Sections 3.1, 3.2 and 3.3 are reasonable and that, in addition to any other remedy, the Company shall be entitled to enforce such Sections by injunction whether or not Executive's employment hereunder has terminated. Executive hereby waives any requirement of a bond for such enforcement by injunction.
Enforcement by Injunction. The parties agree and acknowledge that ------------------------- irrevocable harm and damage will be sustained by the party to whom the proprietary information and trade secrets belongs in the event that the other party or its officers, directors or employees violate or threatened to violate the provisions of Section 11.1 above. In the event of such a breach or threatened breach of Section 11.1, the party seeking to enforce Section 11.1 shall be entitled to have an injunction issued by any court of competent jurisdiction enjoining and restraining such breach. The seeking of an injunction shall not preclude such party from seeking such other remedies as may be available, including monetary damages.
Enforcement by Injunction. The regulations of this Section may be enforced by means of an injunction.
Enforcement by Injunction. (a) Independent Contractor acknowledges and agrees that Independent Contractor’s experience and capabilities are such that Independent Contractor can obtain employment that will not cause Independent Contractor to violate the terms and conditions of Section 4 of this Agreement and the enforcement of a remedy for Company by way of injunction will not prevent Independent Contractor from earning a livelihood.
Enforcement by Injunction. The Executive acknowledges and agrees that the covenants and obligations of the Executive contained in Section 6.1 above relate to special, unique, and extraordinary matters, are reasonable and necessary to protect the legitimate interests of the Company, and that a breach thereof will cause the Company irreparable injury for which adequate remedies at law are not available. Therefore, the Executive agrees that the Company shall be entitled to seek an injunction, restraining order, or other equitable relief from any court of competent jurisdiction, restraining the Executive from any threatened or actual breach of Section 6.1. If any such court determines that any of the provisions set forth in Section 6.1 are invalid or unenforceable, such provision(s) shall be valid and enforced to the maximum extent permitted by law, and this Agreement will be interpreted as if such invalid clauses or covenants were not contained herein.
Enforcement by Injunction. Since the Company will be irreparably damaged if the provisions of Sections 8 or 9 are not specifically enforced, the Company shall be entitled to (i) an injunction or any other appropriate decree of specific performance (without the necessity of posting any bond or other security in connection therewith) restraining any violation or non-fulfillment of Executive's covenants under Sections 8 or 9, (ii) damages in an amount equal to all compensation, profits, monies, accruals, increments or other benefits derived or received by Executive (or any associated party deriving such benefits) as a result of any such breach of Executive's covenants under Sections 8 or 9, and (iii) indemnification against any other losses, damages, costs and expenses, including actual attorneys' fees and court costs, which may be incurred by the Company and which result from or arise out of any such breach of Executive's covenants under Sections 8 or 9. Such remedies shall not be exclusive and shall be in addition to any other remedy, at law or in equity, which the Company may have for any breach or threatened breach of Sections 8 or 9 by Executive.
