Common use of Enforcement of Covenants Clause in Contracts

Enforcement of Covenants. The parties hereto agree that Employee is obligated under this Agreement to render personal services during the Term of a special, unique, unusual, extraordinary and intellectual character, thereby giving this Agreement peculiar value, and in the event of a breach of any covenant of Employee herein, the injury or imminent injury to the value and goodwill of the Corporation’s business could not be reasonably or adequately compensated in damages in an action at law. Employee therefore agrees that the Corporation, in addition to any other remedies available to it shall be entitled to seek specific performance, preliminary and permanent injunctive relief or any other equitable remedy against Employee, without the posting of a bond, in the event of any breach or threatened breach by Employee of any provision of this Agreement (including, but not limited to, the provisions of Sections 8, 9, 10, and 11). Without limiting the generality of the foregoing, if Employee breaches any provision of Section 8, 9, 10, or 11 hereof, such breach will entitle the Corporation to enjoin Employee from disclosing any confidential information to any Competitive Business, to enjoin such Competitive Business from receiving confidential information from Employee or using any such confidential information, and/or to enjoin Employee from rendering personal services to or in connection with such Competitive Business. Subject to Section 13.12, the rights and remedies of the parties hereto are cumulative and shall not be exclusive, and each party shall be entitled to pursue all legal and equitable rights and remedies and to secure performance of the obligations and duties of the other under this Agreement, and the enforcement of one or more of such rights and remedies by a party shall in no way preclude such party from pursuing, at the same time or subsequently, any and all other rights and remedies available to it.

Appears in 5 contracts

Samples: Employment Agreement (Madden Steven), Employment Agreement (Steven Madden, Ltd.), Employment Agreement (Steven Madden, Ltd.)

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Enforcement of Covenants. The parties hereto agree that Employee Executive is obligated under this Agreement to render personal services during the Term of a special, unique, unusual, extraordinary and intellectual character, thereby giving this Agreement peculiar value, and in the event of a breach of any covenant provision of Employee hereinthis Agreement by Executive, the injury or imminent injury to the value and goodwill of the CorporationCompany’s business could not be reasonably or adequately compensated in damages in an action at law. Employee Executive therefore agrees that the CorporationCompany, in addition to any other remedies available to it it, shall be entitled to seek specific performance, preliminary and permanent injunctive relief or any other equitable remedy against EmployeeExecutive, without the posting of a bond, in the event of any breach or threatened breach by Employee Executive of any provision of this Agreement (Agreement, including, but not limited to, the provisions of Sections 8, 9, 10, 6 and 11)7 hereof. Without limiting the generality of the foregoing, if Employee Executive breaches any provision of Section 8, 9, 10, or 11 Sections 6 and 7 hereof, such breach will entitle the Corporation Company to enjoin Employee Executive from disclosing any confidential information Confidential Information to any Competitive Businesscompeting business, to enjoin such Competitive Business competing business from receiving confidential information from Employee or using any such confidential informationConfidential Information, and/or to enjoin Employee Executive from rendering personal services to or in connection with such Competitive Businesscompeting business. Subject to Section 13.12, the The rights and remedies of the parties hereto are cumulative and shall not be exclusive, and each party shall be entitled to pursue all legal and equitable rights and remedies and to secure performance of the obligations and duties of the other under this Agreement, and the enforcement of one or more of such rights and remedies by a party shall in no way preclude such party from pursuing, at the same time or subsequently, any and all other rights and remedies available to it.

Appears in 4 contracts

Samples: Employment Agreement (Blue Earth, Inc.), Employment Agreement (Blue Earth, Inc.), Employment Agreement (Genesis Fluid Solutions Holdings, Inc.)

Enforcement of Covenants. The parties hereto agree that Employee Executive is obligated under this Agreement to render personal services during the Term of a special, unique, unusual, extraordinary and intellectual character, thereby giving this Agreement peculiar value, and in the event of a breach of any covenant of Employee Executive herein, the injury or imminent injury to the value and goodwill of the Corporation’s 's business could not be reasonably or adequately compensated Compensated in damages in an action at law. Employee Executive therefore agrees that the Corporation, in addition to any other remedies available to it it, shall be entitled to seek specific performance, preliminary and permanent injunctive relief or any other equitable remedy against EmployeeExecutive, without the posting of a bond, in the event of any breach or threatened breach by Employee Executive of any provision of this Agreement (including, but not limited to, to the provisions of Sections 8, 8 and 9, 10, and 11). Without limiting the generality of the foregoing, if Employee Executive breaches any provision of Section 8, 9, 10, 8 or 11 9 hereof, such breach will entitle the Corporation to enjoin Employee Executive from disclosing any confidential information to any Competitive Businesscompeting business, to enjoin such Competitive Business competing business from receiving confidential information from Employee Executive or using any such confidential information, and/or to enjoin Employee Executive from rendering personal services to or in connection with such Competitive Businesscompeting business. Subject to Section 13.12, the The rights and remedies of the parties hereto are cumulative and shall not be exclusive, and each party shall be entitled to pursue all legal and equitable rights and remedies and to secure performance of the obligations and duties of the other under this Agreement, and the enforcement of one or more of such rights and remedies by a party shall in no way preclude such party from pursuing, at the same time or subsequently, any and all other rights and remedies available to it.

Appears in 2 contracts

Samples: Employment Agreement (Critical Home Care Inc), Employment Agreement (Critical Home Care Inc)

Enforcement of Covenants. The parties hereto agree that Employee Executive is obligated under this Agreement to render personal services during the Term of Employment of a special, unique, unusual, extraordinary and intellectual character, thereby giving this Agreement peculiar value, and in the event of a breach of any covenant provision of Employee hereinthis Agreement by Executive, the injury or imminent injury to the value and goodwill of the CorporationCompany’s business could not be reasonably or adequately compensated in damages in an action at law. Employee Executive therefore agrees that the CorporationCompany, in addition to any other remedies available to it it, shall be entitled to seek specific performance, preliminary and permanent injunctive relief or any other equitable remedy against EmployeeExecutive, without the posting of a bond, in the event of any breach or threatened breach by Employee Executive of any provision of this Agreement (Agreement, including, but not limited to, the provisions of Sections 8, 9, 10, 6 and 11)7 hereof. Without limiting the generality of the foregoing, if Employee Executive breaches any provision of Section 8, 9, 10, or 11 Sections 6 and 7 hereof, such breach will entitle the Corporation Company to enjoin Employee Executive from disclosing any confidential information Confidential Information to any Competitive Businesscompeting business, to enjoin such Competitive Business competing business from receiving confidential information from Employee or using any such confidential informationConfidential Information, and/or to enjoin Employee Executive from rendering personal services to or in connection with such Competitive Businesscompeting business. Subject to Section 13.12, the The rights and remedies of the parties hereto are cumulative and shall not be exclusive, and each party shall be entitled to pursue all legal and equitable rights and remedies and to secure performance of the obligations and duties of the other under this Agreement, and the enforcement of one or more of such rights and remedies by a party shall in no way preclude such party from pursuing, at the same time or subsequently, any and all other rights and remedies available to it.

Appears in 2 contracts

Samples: Employment Agreement (Blue Earth, Inc.), Employment Agreement (Blue Earth, Inc.)

Enforcement of Covenants. The parties hereto agree that Employee is obligated under this Agreement to render personal services during the Term of a special, unique, unusual, extraordinary and intellectual character, thereby giving this Agreement peculiar value, and in the event of a breach of any covenant of Employee herein, the injury or imminent injury to the value and goodwill of the Corporation’s 's business could not be reasonably or adequately compensated in damages in an action at law. Employee therefore agrees that the Corporation, in addition to any other remedies available to it shall be entitled to seek specific performance, preliminary and permanent injunctive relief or any other equitable remedy against Employee, without the posting of a bond, in the event of any breach or threatened breach by Employee of any provision of this Agreement (including, but not limited to, the provisions of Sections 8, 9, 10, and 11). Without limiting the generality of the foregoing, if Employee breaches any provision of Section 8, 9, 10, or 11 hereof, such breach will entitle the Corporation to enjoin Employee from disclosing any confidential information to any Competitive Business, to enjoin such Competitive Business from receiving confidential information from Employee or using any such confidential information, and/or to enjoin Employee from rendering personal services to or in connection with such Competitive Business. Subject to Section 13.12, the rights and remedies of the parties hereto are cumulative and shall not be exclusive, and each party shall be entitled to pursue all legal and equitable rights and remedies and to secure performance of the obligations and duties of the other under this Agreement, and the enforcement of one or more of such rights and remedies by a party shall in no way preclude such party from pursuing, at the same time or subsequently, any and all other rights and remedies available to it.

Appears in 2 contracts

Samples: Employment Agreement (Steven Madden, Ltd.), Employment Agreement (Steven Madden, Ltd.)

Enforcement of Covenants. The parties hereto agree that Employee Executive is obligated under this Agreement to render personal services during the Term of a special, unique, unusual, extraordinary and intellectual character, thereby giving this Agreement peculiar value, and in the event of a breach of any covenant provision of Employee hereinthis Agreement by Executive, the injury or imminent injury to the value and goodwill of the Corporation’s Company's business could not be reasonably or adequately compensated in damages in an action at law. Employee Executive therefore agrees that the CorporationCompany, in addition to any other remedies available to it it, shall be entitled to seek specific performance, preliminary and permanent injunctive relief or any other equitable remedy against EmployeeExecutive, without the posting of a bond, in the event of any breach or threatened breach by Employee Executive of any provision of this Agreement (Agreement, including, but not limited to, the provisions of Sections 8, 9, 10, 6 and 11)7 hereof. Without limiting the generality of the foregoing, if Employee Executive breaches any provision of Section 8, 9, 10, or 11 Sections 6 and 7 hereof, such breach will entitle the Corporation Company to enjoin Employee Executive from disclosing any confidential information Confidential Information to any Competitive Businesscompeting business, to enjoin such Competitive Business competing business from receiving confidential information from Employee or using any such confidential informationConfidential Information, and/or to enjoin Employee Executive from rendering personal services to or in connection with such Competitive Businesscompeting business. Subject to Section 13.12, the The rights and remedies of the parties hereto are cumulative and shall not be exclusive, and each party shall be entitled to pursue all legal and equitable rights and remedies and to secure performance of the obligations and duties of the other under this Agreement, and the enforcement of one or more of such rights and remedies by a party shall in no way preclude such party from pursuing, at the same time or subsequently, any and all other rights and remedies available to it.

Appears in 2 contracts

Samples: Employment Agreement (Amerifirst Fund I LLC), Employment Agreement (Informedix Holdings Inc)

Enforcement of Covenants. The parties hereto agree that Employee Executive is obligated under this Agreement to render personal services during the Term of a special, unique, unusual, extraordinary and intellectual character, thereby giving this Agreement peculiar value, and in the event of a breach of any covenant of Employee Executive herein, the injury or imminent injury to the value and goodwill of the Corporation’s 's business could not be reasonably or adequately compensated in damages in an action at law. Employee Executive therefore agrees that the Corporation, in addition to any other remedies available to it it, shall be entitled to seek specific performance, preliminary and permanent injunctive relief or any other equitable remedy against EmployeeExecutive, without the posting of a bond, in the event of any breach or threatened breach by Employee Executive of any provision of this Agreement (including, but not limited to, to the provisions of Sections 8, 8 and 9, 10, and 11). Without limiting the generality of the foregoing, if Employee Executive breaches any provision of Section 8, 9, 10, 8 or 11 9 hereof, such breach will entitle the Corporation to enjoin Employee Executive from disclosing any confidential information to any Competitive Businesscompeting business, to enjoin such Competitive Business competing business from receiving confidential information from Employee Executive or using any such confidential information, and/or to enjoin Employee Executive from rendering personal services to or in connection with such Competitive Businesscompeting business. Subject to Section 13.12, the The rights and remedies of the parties hereto are cumulative and shall not be exclusive, and each party shall be entitled to pursue all legal and equitable rights and remedies and to secure performance of the obligations and duties of the other under this Agreement, and the enforcement of one or more of such rights and remedies by a party shall in no way preclude such party from pursuing, at the same time or subsequently, any and all other rights and remedies available to it.

Appears in 2 contracts

Samples: Employment Agreement (Steven Madden, Ltd.), Employment Agreement (Madden Steven LTD)

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Enforcement of Covenants. The parties hereto agree that Employee is obligated under this Agreement to render personal services during the Term of a special, unique, unusual, extraordinary and intellectual character, thereby giving this Agreement peculiar value, and in the event of a breach of any covenant of Employee herein, the injury or imminent injury to the value and goodwill of the Corporation’s 's business could not be reasonably or adequately compensated in damages in an action at law. Employee therefore agrees that the Corporation, in addition to any other remedies available to it it, shall be entitled to seek specific performance, preliminary and permanent injunctive relief or any other equitable remedy against Employee, without the posting of a bond, in the event of any breach or threatened breach by Employee of any provision of this Agreement (including, but not limited to, the provisions of Sections 8, 9, 10, and 11). Without limiting the generality of the foregoing, if Employee breaches any provision of Section 8, 9, 10, or 11 hereof, such breach will entitle the Corporation to enjoin Employee from disclosing any confidential information to any Competitive Businesscompeting business, to enjoin such Competitive Business competing business from receiving confidential information from Employee or using any such confidential information, and/or to enjoin Employee from rendering personal services to or in connection with such Competitive Businesscompeting business. Subject to Section 13.12, the The rights and remedies of the parties hereto are cumulative and shall not be exclusive, and each party shall be entitled to pursue all legal and equitable rights and remedies and to secure performance of the obligations and duties of the other under this Agreement, and the enforcement of one or more of such rights and remedies by a party shall in no way preclude such party from pursuing, at the same time or subsequently, any and all other rights and remedies available to it.

Appears in 1 contract

Samples: Employment Agreement (Madden Steven LTD)

Enforcement of Covenants. The parties hereto agree that Employee Executive is obligated under this Agreement to render personal services during the Term of a special, unique, unusual, extraordinary and intellectual character, thereby giving this Agreement peculiar value, and in the event of a breach of any covenant of Employee Executive herein, the injury or imminent injury to the value and goodwill of the Corporation’s 's business could not be reasonably or adequately compensated in damages in an action at law. Employee Executive therefore agrees that the Corporation, in addition to any other remedies available to it it, shall be entitled to seek specific performance, preliminary and permanent injunctive relief or any other equitable remedy against EmployeeExecutive, without the posting of a bond, in the event of any breach or threatened breach by Employee Executive of any provision of this Agreement (including, but not limited to, to the provisions of Sections 8, 8 and 9, 10, and 11). Without limiting the generality of the foregoing, if Employee Executive breaches any provision of Section 8, 9, 10, 8 or 11 9 hereof, such breach will entitle the Corporation to enjoin Employee Executive from disclosing any confidential information to any Competitive Business, competing business and/or to enjoin such Competitive Business competing business from receiving confidential information from Employee or using any such confidential information, and/or to enjoin Employee from rendering personal services to or in connection with such Competitive Business. Subject to Section 13.12, the The rights and remedies of the parties hereto are cumulative and shall not be exclusive, and each party shall be entitled to pursue all legal and equitable rights and remedies and to secure performance of the obligations and duties of the other under this Agreement, and the enforcement of one or more of such rights and remedies by a party shall in no way preclude such party from pursuing, at the same time or subsequently, any and all other rights and remedies available to it.

Appears in 1 contract

Samples: Employment Agreement (Madden Steven LTD)

Enforcement of Covenants. The parties hereto agree that Employee is obligated under this Agreement to render personal services during the Term of a special, unique, unusual, extraordinary and intellectual character, thereby giving this Agreement peculiar value, and in the event of a breach of any covenant of Employee herein, the injury or imminent injury to the value and goodwill of the Corporation’s 's or the Parent Corporation's business could not be reasonably or adequately compensated in damages in an action at law. Employee therefore agrees that the Corporation and/or the Parent Corporation, in addition to any other remedies available to it it, shall be entitled to seek specific performance, preliminary and permanent injunctive relief or any other equitable remedy against Employee, without the posting of a bond, in the event of any breach or threatened breach by Employee of any provision of this Agreement (including, but not limited to, the provisions of Sections 8, 8 and 9, 10, and 11). Without limiting the generality of the foregoing, if Employee breaches any provision of Section 8, 9, 10, 8 or 11 9 hereof, such breach will entitle the Corporation and/or the Parent Corporation to enjoin Employee from disclosing any confidential information Confidential Information to any Competitive Businesscompeting business, to enjoin such Competitive Business competing business from receiving confidential information from Employee or using any such confidential informationConfidential Information, and/or to enjoin Employee from rendering personal services to or in connection with such Competitive Businesscompeting business. Subject to Section 13.12, the The rights and remedies of the parties hereto are cumulative and shall not be exclusive, and each party shall be entitled to pursue all legal and equitable rights and remedies and to secure performance of the obligations and duties of the other under this Agreement, and the enforcement of one or more of such rights and remedies by a party shall in no way preclude such party from pursuing, at the same time or subsequently, any and all other rights and remedies available to it.

Appears in 1 contract

Samples: Employment Agreement (Madden Steven LTD)

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