Enforcement; Injunctive Relief. The parties acknowledge that Company will be irreparably harmed by a violation of this Agreement and that the calculation of the value of such harm would be impossible to calculate with any degree of certainty. Accordingly, Company shall be entitled, together with all other remedies at law, to enforce this Agreement by specific performance and/or injective relief in accordance with the laws of North Carolina to which court’s jurisdiction Coach hereby submits for purposes provided hereunder. Further, Coach shall pay reasonable costs, including attorney fees, of Company in connection with such court action.
Enforcement; Injunctive Relief. Executive and the Company stipulate and agree that it would be difficult to measure any damages to the Company or any of its affiliated companies resulting from a breach of any of the provisions of Sections 13, 14 or 15, but that the potential for damages in such event would be great, incalculable and irremediable, and that monetary damages alone would be an inadequate remedy. Accordingly, Executive agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction, and Executive waives the right in any proceeding to enforce this Agreement by the Company or any of its affiliated companies to assert as a matter of defense or otherwise that the Company or any of its affiliated companies has an adequate remedy at law or has not been or will not be irreparably harmed by a breach or threatened breach by Executive of any of such provisions. The remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damages. The prevailing Party, in addition to any other award in its favor, shall be entitled to recover its attorneys’ fees and other costs of litigation from the non-prevailing Party in any action brought to enforce the provisions of Sections 13, 14 or 15.
Enforcement; Injunctive Relief. The Executive also understands, acknowledges and agrees that (i) it would be difficult to measure any damages caused to the Company which might result from any breach by the Executive of the Restrictive Covenants, that the Company would be irreparably harmed by such breach, and that, in any event, money damages would be an inadequate remedy for any such breach; (ii) without the restrictions set forth in the Restrictive Covenants, the Executive would be in a position to compete unfairly with the Company, and (iii) the Executive’s education and experience are such that the restrictions set forth in the Restrictive Covenants will not interfere with the Executive’s ability to earn a livelihood nor impose an undue or unreasonable hardship on the Executive. Accordingly, the Executive agrees and consents that, in addition to all other remedies (in law or equity, for monetary damages or otherwise), the Company shall be entitled to temporary, preliminary and permanent injunctive relief or other appropriate equitable relief to restrain or enjoin any such breach or threatened breach without showing or proving any actual damage to the Company; and that, notwithstanding anything to the contrary in Section 8 below, the Company may seek any such temporary, preliminary or permanent injunctive relief in and from a court of competent jurisdiction. In any such action to enforce any of the Continuing Obligations, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees and costs.
Enforcement; Injunctive Relief. The Executive acknowledges that he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon him pursuant to Sections 6 through 9 and 12. Without intending to limit the remedies available to the Bank, including, but not limited to, those set forth in Section 5(b), the Executive agrees that a breach of any of the covenants contained in Section 6, 7, 8, 9 or 12 may result in material and irreparable injury to the Bank Group for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Bank shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from engaging in activities prohibited by the covenants contained in Sections 6 through 9 and 12 or such other relief as may be required specifically to enforce any of the covenants contained in this Agreement. Such injunctive relief in any court shall be available to the Bank in lieu of, or prior to or pending determination in, any proceeding. The parties further agree that, in the event that any provision of Section 6, 7, 8, 9 or 12 shall be determined by any court of competent jurisdiction to be unenforceable for any reason, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.
Enforcement; Injunctive Relief. The Executive acknowledges that he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon him pursuant to Sections 6 through 8 and 11. The Executive agrees without reservation that each of the restraints contained herein is necessary for the reasonable and proper protection of the goodwill, Confidential Information and other legitimate interests of the Company Group; that each and every one of those restraints is reasonable in respect to subject matter, length of time and geographic area; and that these restraints, individually or in the aggregate, will not prevent him from obtaining other suitable employment during the period in which the Executive is bound by these restraints. Without intending to limit the remedies available to the Company, including, but not limited to, those set forth in Section 5(h), the Executive agrees that a breach of any of the covenants contained in Section 6, 7, 8 or 11 may result in material and irreparable injury to the Company Group for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from engaging in activities prohibited by the covenants contained in Sections 6 through 8 and 11 or such other relief as may be required specifically to enforce any of the covenants contained in this Agreement. Such injunctive relief in any court shall be available to the Company in lieu of, or prior to or pending determination in, any proceeding. The parties further agree that, in the event that any provision of Section 6, 7, 8 or 11 shall be determined by any court of competent jurisdiction to be unenforceable for any reason, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.
Enforcement; Injunctive Relief. Seller acknowledges that a breach of this Article 8 would cause immediate and irreparable damage which would not adequately be remedied by monetary damages, and therefore Seller agrees that injunctive relief in addition to any other legal or equitable remedies available (including, without limitation, monetary damages) is appropriate in order to enforce this Article 8 Seller has reviewed the scope, duration and geographical limitations of the covenants made in Article 8.2 and agrees that they are reasonable and necessary to protect Buyer. However, the parties agree that if such Article 8.2 is found to be unenforceable due to restrictions unreasonable in scope, duration or geographical area, then the appropriate court may reform Article 8.2 so that the restrictions in it are reasonable and enforceable.
Enforcement; Injunctive Relief. (a) The parties desire that the provisions of Sections 5.7, 5.8 and 5.9 be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. If a court of competent jurisdiction or arbitrator, however, determines that any restrictions imposed on any of the parties in such Sections are unreasonable or unenforceable because of duration, area of restriction, or otherwise, the parties agree and intend that the court or arbitrator shall enforce such Sections to whatever extent the court or the arbitrator deems reasonable. The parties intend that the court or arbitrator shall have the right to strike or change any provision of such Sections and substitute therefor different provisions to effect the intent of this Subsection (a).
(b) It is specifically understood, acknowledged and agreed by Company and Skae that (i) the restrictions contained in Sections 5.7 and 5.8 represent a reasonable and necessary protection of the legitimate interests of Baywood and Buyer and that the failure of Company or Skae to observe and comply with these covenants and agreements will cause irreparable harm to Baywood and Buyer; (ii) it is and will continue to be difficult to ascertain the nature, scope and extent of the harm; and (iii) a remedy at law for such failure by Company or Skae will be inadequate. Accordingly, it is the intention of the parties that, in addition to any other rights and remedies which Baywood and Buyer may have in the event of any breach of Sections 5.7 and 5.8, Baywood and Buyer shall be entitled, and is expressly and irrevocably authorized by Company and Skae, to demand and obtain specific performance, including, without limitation, temporary or permanent injunctive relief, and all other appropriate equitable relief against Company and Skae in order to enforce against them, or in order to prevent any breach or any threatened breach by them of, the covenants and agreements contained in Sections 5.7 and 5.8.
(c) Notwithstanding anything set forth herein to the contrary, the provisions set forth in Sections 5.7(a) and 5.8 hereof shall terminate and be of no further force and effect to the extent that Employee’s employment hereunder is terminated pursuant to Section 5(e)(i) or Section 5(e)(ii) of the Employment Agreement.
Enforcement; Injunctive Relief. Notwithstanding any term or provision of this Agreement to the contrary (including, without limitation, Section 10.4 hereof), the restrictions, covenants and agreements set forth in this Section 9 shall be subject to interpretation and enforcement solely in accordance with this Section 9.5. Employee acknowledges that the services to be rendered by him are of a special, unique and extraordinary character, that, in connection with such services, he will have access to confidential and proprietary information vital to the Company's business, and that therefore the restrictive covenants set forth in this Section 9 hereof are bargained for, fair and reasonable. Accordingly, Employee consents and agrees that if he violates any of the provisions of this Section 9, the Company would sustain irreparable harm and damage, the monetary amount of which may be impossible to ascertain. Therefore, in addition to any other remedies which may be available to it, Employee acknowledges and agrees that the Company shall be entitled to apply to any court of competent jurisdiction for an injunction enjoining and restraining Employee from committing or continuing any such violation of any provision of this Agreement. Nothing in this Agreement shall be construed as prohibiting or limiting the Company from pursuing any other remedy or remedies, at law or in equity, before any court of competent jurisdiction, including, without limitation, recovery of damages.
Enforcement; Injunctive Relief. In the event any provision of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other term or provision hereof, and this Agreement shall be interpreted and construed as if such provision, to the extent the same shall have been held to be invalid, illegal or unenforceable, had never been contained herein.
Enforcement; Injunctive Relief. If, at the time of enforcement of any provision of this Article 5, a court determines that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or geographical area reasonable under such circumstances as determined by the court shall be substituted for the stated period, scope or area. Because Xx. Xxxxxxx’x services are unique, because Xx. Xxxxxxx has had access to Proprietary Information and for other reasons set forth herein, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Article 5. Therefore, in the event of a breach or threatened breach of this Article 5, the parties hereto or their successors or assigns may, 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 posting a bond or other security).
