Common use of Enforcement of Covenants Clause in Contracts

Enforcement of Covenants. Without limiting the right of Xxxxxxx to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in this Article 7, it is expressly agreed by the Executive and Xxxxxxx that other remedies cannot fully compensate Xxxxxxx for any violation by the Executive of the covenants contained in this Article 7 and that Xxxxxxx shall be entitled to injunctive relief, without the necessity of proving actual monetary loss, to prevent any such violation or any continuing violation thereof. Xxxxxxx and the Executive further agree that all payments under Subsection (v) or Subsection (vi), as applicable, of Section (a) of Article 6 hereof shall immediately cease and shall no longer be an obligation of Xxxxxxx in the event of any violation of the covenants contained in Sections (b) or (c) hereof which is not cured within (10) days of written notice by Xxxxxxx to the Executive of such violation or of a willful and material violation of the covenants contained in Section (d) hereof. Xxxxxxx and the Executive further agree that such forfeiture shall not be deemed to be liquidated damages for breach of such covenants. Each party intends and agrees that if in any action before any court or agency legally empowered to enforce the covenants contained in this Article 7, any term, restriction, covenant or promise contained herein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency.

Enforcement of Covenants. Without limiting the right of Xxxxxxx to pursue all other legal and equitable remedies available for violation by The Executive acknowledges that the Executive has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon the Executive’s pursuant to Sections 7, 8 and 9 hereof. The Executive agrees without reservation that each of the covenants restraints contained herein is necessary for the reasonable and proper protection of the goodwill, Confidential Information and other legitimate interests of the Company and its Affiliates; that each and every one of those restraints is reasonable in this Article 7respect to subject matter, it is expressly agreed by length of time and geographic area; and that these restraints, individually or in the aggregate, will not prevent the Executive and Xxxxxxx that from obtaining other remedies cannot fully compensate Xxxxxxx for any violation by suitable employment during the period in which the Executive of the covenants contained in this Article 7 and is bound by these restraints. The Executive further agrees that Xxxxxxx shall be entitled to injunctive relief, without the necessity of proving actual monetary loss, to prevent any such violation or any continuing violation thereof. Xxxxxxx and the Executive will never assert, or permit to be asserted on the Executive’s behalf, in any forum, any position contrary to the foregoing. The Executive further agree that all payments under Subsection (v) or Subsection (vi)acknowledges that, as applicable, of Section (a) of Article 6 hereof shall immediately cease and shall no longer be an obligation of Xxxxxxx in were the event of Executive to breach any violation of the covenants contained in Sections (b) 7, 8 or (c) hereof which is not cured within (10) days of written notice 9 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by Xxxxxxx to the Executive of such violation or any of a willful and material violation of the covenants contained in Section (d) hereofsaid covenants, without having to post bond. Xxxxxxx and the Executive The parties further agree that, in the event that any provision of Section 7, 8 or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such forfeiture provision shall not be deemed to be liquidated damages for breach of such covenants. Each party intends and agrees that if in any action before any court or agency legally empowered to enforce the covenants contained in this Article 7, any term, restriction, covenant or promise contained herein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to permit its enforcement to the maximum extent necessary to make it enforceable permitted by such court or agencylaw.

Enforcement of Covenants. Without limiting The Employee acknowledges that he has carefully read and considered all the right terms and conditions of Xxxxxxx this Agreement, including the restraints imposed upon him pursuant to pursue all other legal Sections 7 and equitable remedies available for violation by the Executive 8 hereof. The Employee agrees without reservation that each of the covenants restraints contained in this Article 7, it herein is expressly agreed by necessary for the Executive reasonable and Xxxxxxx that other remedies cannot fully compensate Xxxxxxx for any violation by the Executive proper protection of the covenants contained goodwill, Confidential Information and other legitimate interests of the Company and its Affiliates; that each and every one of those restraints is reasonable in this Article 7 respect to subject matter, length of time and geographic area; and that Xxxxxxx shall be entitled to injunctive reliefthese restraints, without the necessity of proving actual monetary loss, to prevent any such violation individually or any continuing violation thereof. Xxxxxxx and the Executive further agree that all payments under Subsection (v) or Subsection (vi), as applicable, of Section (a) of Article 6 hereof shall immediately cease and shall no longer be an obligation of Xxxxxxx in the event of aggregate, will not prevent him from obtaining other suitable employment during the period in which the Employee is bound by these restraints. The Employee further agrees that he will never assert, or permit to be asserted on his behalf, in any violation forum, any position contrary to the foregoing. The Employee further acknowledges that, were he to breach any of the covenants contained in Sections (b) 7 or (c) hereof which is not cured within (10) days of written notice by Xxxxxxx 8 hereof, the damage to the Executive Company would be irreparable. The Employee, therefore, agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Employee of such violation or any of a willful and material violation of the covenants contained in Section (d) hereofsaid covenants, without having to post bond. Xxxxxxx and the Executive The parties further agree that, in the event that any provision of Section 7 or 8 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such forfeiture provision shall not be deemed to be liquidated damages for breach of such covenants. Each party intends and agrees that if in any action before any court or agency legally empowered to enforce the covenants contained in this Article 7, any term, restriction, covenant or promise contained herein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to permit its enforcement to the maximum extent necessary to make it enforceable permitted by such court or agencylaw.

Enforcement of Covenants. Without limiting The Executive acknowledges that the right restrictions contained in of Xxxxxxx this Agreement are a reasonable and necessary protection of the immediate interests of the Company, and any violation of these restrictions would cause substantial injury to pursue all other legal the Company and equitable remedies available for violation that the Company would not have entered into this Agreement, without receiving the additional consideration offered by the Executive in binding the Executive to any of these restrictions. In the event of a breach or threatened breach by the Executive of any of these restrictions, the covenants contained Company will be entitled to apply to any court of competent jurisdiction for an injunction restraining the Executive from such breach or threatened breach; provided, however, that the right to apply for an injunction shall not be construed as prohibiting the Company from pursuing any other available remedies for such breach or threatened breach. In the event that, notwithstanding the foregoing, a covenant included herein is deemed by any court to be unreasonably broad in this Article 7any respect, it is expressly agreed by shall be modified in order to make it reasonable and shall be enforced accordingly. Without limitation of, and notwithstanding the Executive and Xxxxxxx that other remedies cannot fully compensate Xxxxxxx for foregoing, in the event that, in any violation by the Executive judicial proceeding, a court refuses to enforce any of the covenants contained in this Article 7 and that Xxxxxxx shall be entitled to injunctive relief, without the necessity of proving actual monetary loss, to prevent any such violation or any continuing violation thereof. Xxxxxxx and the Executive further agree that all payments under Subsection (v) or Subsection (vi), as applicable, of Section (a) of Article 6 hereof shall immediately cease and shall no longer be an obligation of Xxxxxxx in the event of any violation of the covenants contained in Sections (b) or (c) hereof which is not cured within (10) days of written notice by Xxxxxxx to the Executive of such violation or of a willful and material violation of the covenants contained in Section (d) hereof. Xxxxxxx and the Executive further agree that such forfeiture shall not be deemed to be liquidated damages for breach of such covenants. Each party intends and agrees that if in any action before any court or agency legally empowered to enforce the covenants contained in this Article 7, any term, restriction, covenant or promise contained herein is found to be unreasonable and accordingly unenforceableherein, then such term, restriction, the unenforceable covenant or promise shall be deemed modified eliminated from the provisions hereof for the purpose of those proceedings to the extent necessary to make it enforceable permit the remaining covenants to be enforced. If any one or more of the provisions hereof is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not be affected thereby. To the extent permitted by such court applicable law, the Executive and the Company waive any provision of law which renders any provision hereof invalid, illegal or agencyunenforceable in any respect.

Enforcement of Covenants. Without limiting the right of Xxxxxxx the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in this Article 7Section 14, it is expressly agreed by the Executive and Xxxxxxx the Company that other remedies cannot fully compensate Xxxxxxx the Company for any violation by the Executive of the covenants contained in this Article 7 Section 14 and that Xxxxxxx the Company shall be entitled to injunctive relief, without the necessity of proving actual monetary loss, to prevent any such violation or any continuing violation thereof. Xxxxxxx The Company and the Executive further agree that all payments under Subsection (v) or Subsection (vi), as applicable, of Section (a) of Article 6 hereof hereunder shall immediately cease and shall no longer be an obligation of Xxxxxxx the Company in the event of any violation of the covenants contained in Sections Subsections (b) ), (c), or (cd) hereof of this Section 14 which is not cured within (10) days of written notice by Xxxxxxx the Company to the Executive of such violation or of a willful and material violation of the covenants contained in Subsection (a) of this Section (d) hereof14. Xxxxxxx The Company and the Executive further agree that such forfeiture shall not be deemed to be liquidated damages for breach of such covenants. Each party intends and agrees that if in any action before any court or agency legally empowered to enforce the covenants contained in this Article 7, Section 14 any term, restriction, covenant or promise contained herein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency.

Enforcement of Covenants. Without limiting the right of Xxxxxxx Laidlaw to pursue all other legal and equitable remedies available for availaxxx xxx violation by the Executive of the covenants contained in this Article 7, it is expressly agreed by the Executive and Xxxxxxx Laidlaw that other remedies cannot fully compensate Xxxxxxx Laidlaw for any violation xxx xxolation by the Executive of the covenants contained conxxxxxx in this Article 7 and that Xxxxxxx Laidlaw shall be entitled to injunctive relief, without the necessity necxxxxxx of proving actual monetary loss, to prevent any such violation or any continuing violation thereof. Xxxxxxx Laidlaw and the Executive further agree that all payments under Subsection Xxxxxxtion (v) or Subsection (vi), as applicable, of Section (a) of Article 6 hereof shall immediately cease and shall no longer be an obligation of Xxxxxxx Laidlaw in the event of any violation of the covenants contained in Sections containex xx Xxctions (b) or (c) hereof which is not cured within (10) days of written notice by Xxxxxxx Laidlaw to the Executive of such violation or of a willful and material violation of the covenants contained in Section (d) hereof. Xxxxxxx Laidlaw and the Executive further agree that such forfeiture shall not shxxx xxx be deemed to be liquidated damages for breach of such covenants. Each party intends and agrees that if in any action before any court or agency legally empowered to enforce the covenants contained in this Article 7, any term, restriction, covenant or promise contained herein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency.

Enforcement of Covenants. Without limiting the right of Xxxxxxx the Companies to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in this Article 7Section 14, it is expressly agreed by the Executive and Xxxxxxx the Companies that other remedies cannot fully compensate Xxxxxxx the Companies for any violation by the Executive of the covenants contained in this Article 7 Section 14 and that Xxxxxxx the Companies shall be entitled to injunctive relief, without the necessity of proving actual monetary loss, to prevent any such violation or any continuing violation thereof. Xxxxxxx The Companies and the Executive further agree that all payments under Subsection (v) or Subsection (vi), as applicable, of Section (a) of Article 6 hereof this Agreement shall immediately cease and shall no longer be an obligation of Xxxxxxx the Companies in the event of any violation of the covenants contained in Sections Subsections (b) ), (c), or (cd) hereof of this Section 14 which is not cured within (10) days of written notice by Xxxxxxx the Companies to the Executive of such violation or of a willful and material violation of the covenants contained in Subsection (a) of this Section (d) hereof14. Xxxxxxx The Companies and the Executive further agree that such forfeiture shall not be deemed to be liquidated damages for breach of such covenants. Each party intends and agrees that if in any action before any court or agency legally empowered to enforce the covenants contained in this Article 7, Section 14 any term, restriction, covenant or promise contained herein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency.