Common use of Enforcement; Remedies Clause in Contracts

Enforcement; Remedies. The Executive covenants, agrees and recognizes that because the breach or threatened breach of the covenants, or any of them, contained in Section 8.1 hereof will result in immediate and irreparable injury to the ARH Group, the ARH Group shall be entitled to an injunction restraining the Executive from any violation of Section 8.1 to the fullest extent allowed by law. The Executive further covenants and agrees that in the event of a violation of any of the respective covenants and agreements contained in Section 8.1 hereof, (i) the ARH Group shall be entitled to receive all such amounts to which the ARH Group would be entitled as damages under law or at equity and (ii) upon the ARH Group obtaining a judgment or an injunction from a court of competent jurisdiction, the obligations of the ARH Group to make any further payments to Executive pursuant to any provision of this Agreement shall be suspended until Executive shall cease violating or breaching his respective covenants and agreements contained in Section 8.1 hereof and the ARH Group shall have received reasonable assurances from Executive that he will no longer engage in the same at which time the previously suspended payments shall be made to Executive. Nothing herein shall be construed as prohibiting the ARH Group from pursuing any other legal or equitable remedies that may be available to it for any such breach, including the recovery of damages from the Executive. The prevailing party in any action relating to a violation or alleged violation of any on the of the respective covenants and agreements contained in Section 8.1 hereof shall be entitled to receive for the other party, and such other party shall pay to the prevailing party, its reasonable and documented costs and expenses associated with such action.

Enforcement; Remedies. The Executive Employee covenants, agrees agrees, and recognizes that because the breach or threatened breach of the covenants, or any of them, contained in Section 8.1 3.1 hereof will result in immediate and irreparable injury to the ARH GroupCompany, the ARH Group Company shall be entitled to an injunction restraining the Executive Employee from any violation of Section 8.1 3.1 to the fullest extent allowed by law. The Executive Employee further covenants and agrees that in the event of a violation of any of the respective covenants and agreements contained in Section 8.1 3.1 hereof, (i) the ARH Group Company shall be entitled to an accounting of all profits, compensation, commissions, remuneration or benefits which the Employee directly or indirectly has realized and/or may realize as a result of, growing out of, or in connection with any such violation and shall be entitled to receive all such amounts to which the ARH Group Company would be entitled as damages under law or at equity equity. The Employee further covenants, agrees and (ii) upon recognizes that, notwithstanding anything to the ARH Group obtaining contrary contained herein, in the event of a judgment violation, breach or an injunction from a court threatened breach of competent jurisdictionany of the respective covenants and agreements contained in Section 3.1 hereof, the obligations of the ARH Group to make Company shall be excused from making any further payments to Executive the Employee pursuant to any provision of this Agreement shall be suspended until Executive the Employee shall cease violating or breaching his respective covenants and agreements contained in Section 8.1 3.1 hereof and the ARH Group shall have received reasonable assurances from Executive the Employee that he will no longer engage in the same at which time the previously suspended payments shall be made to Executivesame. Nothing herein shall be construed as prohibiting the ARH Group Company from pursuing any other legal or equitable remedies that may be available to it for any such violation or breach, including the recovery of damages from the ExecutiveEmployee. The If either party files suit to enforce or enjoin the enforcement of the covenants contained herein, the prevailing party in any action relating to a violation or alleged violation of any on the of the respective covenants and agreements contained in Section 8.1 hereof shall be entitled to receive recover, in addition to all other damages or remedies provided for the other party, and such other party shall pay to the prevailing partyherein, its costs incurred in prosecuting or defending said suit, including reasonable and documented costs and expenses associated with such actionattorneys' fees.

Enforcement; Remedies. The Executive covenantsMr. Xxxxx xxxenants and agrees that in the event of an anticipated breach or actual breach by him of the provisions of Section 6 of this Agreement, agrees and recognizes that because then the Company shall be entitled to inform all potential or new shareholders, officers, directors, borrowers, suppliers or customers, or any of them, of this Agreement. Because the breach or threatened breach of the covenants, or any of them, covenants contained in Section 8.1 hereof 6 will result in immediate and irreparable injury to the ARH GroupCompany, Mr. Xxxxx xxxees that the ARH Group Company shall be entitled to an injunction restraining the Executive him from any violation of Section 8.1 6 to the fullest extent allowed by lawthe law allows enforcement of such restrictions and prohibitions. The Executive further covenants Mr. Xxxxx xxxenants and agrees that in if he shall violate the event of a violation of any of the respective covenants and agreements contained in Section 8.1 6 hereof, (i) the ARH Group Company shall be entitled to an accounting of all profits, compensation, commissions, remunerations or benefits which Mr. Xxxxx xxxectly or indirectly has realized or may realize as a result of, growing out of or in connection with any such violation and shall be entitled to receive therefrom all such amounts thereof to which the ARH Group Company would be entitled as damages under law or at equity equity. In addition, the Company shall be entitled to suspend payments due to Mr. Xxxxx xxxeunder until (i) Mr. Xxxxx xx no longer in breach of this Agreement and (ii) upon Mr. Xxxxx xxx compensated the ARH Group obtaining Company for any damages which it has incurred as a judgment or an injunction from a court result of competent jurisdiction, the obligations of the ARH Group to make any further payments to Executive pursuant to any provision Mr. Xxxxx' xxeach of this Agreement shall be suspended until Executive shall cease violating or breaching his respective covenants and agreements contained in Section 8.1 hereof and the ARH Group shall have received reasonable assurances from Executive that he will no longer engage in the same at which time the previously suspended payments shall be made to ExecutiveAgreement. Nothing herein shall be construed as prohibiting the ARH Group Company from pursuing any other legal or equitable remedies that may be available to it for any such breach or threatened breach, including the recovery of damages from the Executive. The prevailing party in any action relating to a violation or alleged violation of any on the of the respective covenants and agreements contained in Section 8.1 hereof shall be entitled to receive for the other party, and such other party shall pay to the prevailing party, its reasonable and documented costs and expenses associated with such actionMr. Xxxxx.

Enforcement; Remedies. The Executive covenants, agrees and recognizes that because the breach or threatened breach of the covenants, or any of them, contained in Section 8.1 6 hereof will may result in immediate and irreparable injury to the ARH GroupCompany, the ARH Group Company shall be entitled to seek an injunction restraining the Executive from any violation of Section 8.1 6 to the fullest extent allowed by law. The Executive further covenants and agrees that in the event of a violation material breach of any of the respective covenants and agreements contained in this Section 8.1 hereof6, (i) the ARH Group period during which Executive is obligated to refrain from competing shall be entitled extended for the entire period of such breach. Executive further covenants, agrees and recognizes that, notwithstanding anything to receive all such amounts to which the ARH Group would be entitled as damages under law or at equity and (ii) upon contrary contained herein, in the ARH Group obtaining event of a judgment or an injunction from a court material breach of competent jurisdiction, the obligations any of the ARH Group to make any further payments to Executive pursuant to any provision of this Agreement shall be suspended until Executive shall cease violating or breaching his respective covenants and agreements contained in this Section 8.1 hereof 6, which remains uncured 30 days after written notice from the Company, the Company’s obligations under this Agreement shall cease. The Company’s entitlement to seek injunctive relief or ceasing any further Company obligation under this Agreement shall be the Company’s sole and the ARH Group shall have received reasonable assurances from Executive that he will no longer engage exclusive remedy in the same at which time event that Executive breaches any covenant or agreement contained in this Section 6; provided, however, that in the previously suspended payments shall be made to Executive. Nothing case of any willful material breach by Executive of the covenants and agreements contained in Section 6 hereof, nothing herein shall be construed as prohibiting the ARH Group Company from pursuing any other legal or equitable remedies that may be available to it for any such breach, including the recovery of damages from the Executive. The prevailing party in any action relating to a violation or alleged violation of any on the of the respective covenants and agreements contained in Section 8.1 hereof shall be entitled to receive for the other party, and such other party shall pay to the prevailing party, its reasonable and documented costs and expenses associated with such action.

Enforcement; Remedies. The Executive covenants, agrees and recognizes that because the breach or threatened breach of the covenants, or any of them, contained in Section 8.1 6 hereof will may result in immediate and irreparable injury to the ARH GroupCompany, the ARH Group Company shall be entitled to seek an injunction restraining the Executive from any violation of Section 8.1 6 to the fullest extent allowed by law. The Executive further covenants and agrees that in the event of a violation material breach of any of the respective covenants and agreements contained in this Section 8.1 hereof6, (i) the ARH Group period during which Executive is obligated to refrain from competing shall be entitled extended for the entire period of such breach. Executive further covenants, agrees and recognizes that, notwithstanding anything to receive all such amounts to which the ARH Group would be entitled as damages under law or at equity and (ii) upon contrary contained herein, in the ARH Group obtaining event of a judgment or an injunction from a court material breach of competent jurisdiction, the obligations any of the ARH Group to make any further payments to Executive pursuant to any provision of this Agreement shall be suspended until Executive shall cease violating or breaching his respective covenants and agreements contained in this Section 8.1 hereof 6, which remains uncured 30 days after written notice from the Company, the Company's obligations under this Agreement shall cease. The Company's entitlement to seek injunctive relief or ceasing any further Company obligation under this Agreement shall be the Company's sole and the ARH Group shall have received reasonable assurances from Executive that he will no longer engage exclusive remedy in the same at which time event that Executive breaches any covenant or agreement contained in this Section 6; provided, however, that in the previously suspended payments shall be made to Executive. Nothing case of any willful material breach by Executive of the covenants and agreements contained in Section 6 hereof, nothing herein shall be construed as prohibiting the ARH Group Company from pursuing any other legal or equitable remedies that may be available to it for any such breach, including the recovery of damages from the Executive. The prevailing party in any action relating to a violation or alleged violation of any on the of the respective covenants and agreements contained in Section 8.1 hereof shall be entitled to receive for the other party, and such other party shall pay to the prevailing party, its reasonable and documented costs and expenses associated with such action.