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.
Appears in 5 contracts
Samples: Employment Agreement (Athenahealth Inc), Employment Agreement (Athenahealth Inc), Employment Agreement (Athenahealth Inc)
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 ’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 ’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.
Appears in 3 contracts
Samples: Employment Agreement (Athenahealth Inc), Employment Agreement (Athenahealth Inc), Employment Agreement (Athenahealth Inc)
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 ’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 ’s covenants under Sections 8 or 9Section 8, and (iii) indemnification against any other losses, damages, costs and expenses, including reasonable and actual attorneys' ’ fees and court costs, incurred by the Company in obtaining connection with claims of third parties arising out of any damages and/or injunctive reliefbreach of Employee’s covenants under Section 8. 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.
Appears in 2 contracts
Samples: Employment Agreement (Athenahealth Inc), Employment Agreement (Athenahealth Inc)
Enforcement by Injunction. Employee Executive acknowledges and agrees that the ------------------------- Company will be irreparably damaged if Employee Executive fails to comply with the provisions of Sections 8 or 99 hereof, subject to the applicable terms and conditions of this Agreement, including Section 2(b) and Section 14 hereof. Accordingly, in the event of such a failure to comply with the terms and conditions of Sections 8 or 9 hereof, 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 EmployeeExecutive'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 Executive (or any associated party deriving such benefits, benefits including but not limited to any future employer of EmployeeExecutive) as a result of any such breach of EmployeeExecutive'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. 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 EmployeeExecutive.
Appears in 2 contracts
Samples: Employment Agreement (Lifef X Inc), Employment Agreement (Lifef X Inc)
Enforcement by Injunction. Employee acknowledges and agrees that Since the Company will be irreparably damaged if Employee fails to comply with the provisions of Sections 8 or 9. Accordingly9 are not specifically enforced, the Company shall will 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 restraining any violation or non-fulfillment of any breach Spray Point's or threatened breach of Employeea Representative'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 Spray Point (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 EmployeeSpray Point's or a Representative'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 in obtaining and which result from or arise out of any damages and/or injunctive reliefsuch breach of Spray Point's or a Representative's covenants under Sections 8 or 9. Such remedies shall will not be exclusive and shall 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 8 or 9 by EmployeeSpray Point or its Representatives.
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Enforcement by Injunction. Employee acknowledges and agrees that Since the Company will be irreparably damaged if Employee fails to comply with the provisions of Sections 8 or 9. Accordingly9 are not specifically enforced, the Company shall will 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 restraining any violation or non-fulfillment of any breach Xxxxxxxx'x or threatened breach of Employeea Representative'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 Xxxxxxxx (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 EmployeeXxxxxxxx'x or a Representative'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 in obtaining and which result from or arise out of any damages and/or injunctive reliefsuch breach of Xxxxxxxx'x or a Representative's covenants under Sections 8 or 9. Such remedies shall will not be exclusive and shall 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 8 or 9 by EmployeeXxxxxxxx or its Representatives.
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