Common use of Enforcement Generally Clause in Contracts

Enforcement Generally. Executive acknowledges and agrees that, regardless of the reason for the termination of this Agreement, if Executive breaches or threatens to breach any of the covenants set forth in Section 5 of this Agreement: (a) the Company would suffer irreparable harm; (b) it would be difficult to determine damages; and (c) money damages alone would be an inadequate remedy for the injuries suffered by the Company. Accordingly, regardless of the reason for the termination of this Agreement, Executive acknowledges and agrees that in addition to any other remedies that may be available at law, in equity, or under this Agreement, the Company shall be entitled, to the maximum extent permitted by law, to (v) obtain specific performance and injunctive relief, without posting bond or other security, to enforce this Agreement; (w) obtain an equitable accounting by any court of competent jurisdiction of all profits or benefits arising out of such breach; and (x) immediately cease or withhold payment to Executive of any separation pay for which Executive otherwise may qualify, and seek prompt repayment from Executive of 90% of any such separation pay previously received by Executive (with the remaining 10% serving as consideration for Executive’s release of claims contained in the Release described in Section 4.B). Executive further acknowledges and agrees that (y) Executive shall waive and shall not assert any defense that the Company has an adequate remedy at law with respect to the breach or threatened breach or require that the Company submit proof of the economic value of any Confidential Information and (z) nothing contained in this Agreement shall limit the Company’s right to any other remedies that may be available at law, in equity, or under this Agreement.