Common use of Enforcement; Remedies Clause in Contracts

Enforcement; Remedies. (a) The provisions in Sections 5 through 7 of this Agreement shall survive termination of Xxxxxx’x employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx by their respective terms. (b) Xxxxxx acknowledges and agrees: (i) that his services to the Company are unique, (ii) that the restrictions in Sections 5 through 7 of this Agreement are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiaries, (iii) that any violation of any provision of these Sections will irreparably injure the Company and its subsidiaries, (iv) that in the event of such violation the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (c) In the event any provision relating to the time period or scope of the non-solicitation restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (d) Xxxxxx agrees that, if he is found to have breached any provision in Sections 5 through 7 of this Agreement, then he shall be obligated to pay the attorney’s fees and expenses incurred by the Company to enforce its rights in connection with such breach.

Enforcement; Remedies. (a) The provisions in Sections 5 through 7 of this Agreement shall survive termination of Xxxxxx’x Sharp’s employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx Sharp by their respective terms. (b) Xxxxxx Sharp acknowledges and agrees: (i) that his her services to the Company are unique, (ii) that the restrictions in Sections 5 through 7 of this Agreement are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiaries, (iii) that any violation of any provision of these Sections will irreparably injure the Company and its subsidiaries, (iv) that in the event of such violation the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (c) In the event any provision relating to the time period or scope of the non-solicitation restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (d) Xxxxxx Sharp agrees that, if he she is found to have breached any provision in Sections 5 through 7 of this Agreement, then he she shall be obligated to pay the attorney’s fees and expenses incurred by the Company to enforce its rights in connection with such breach.

Enforcement; Remedies. (a) The provisions in Sections 5 through 7 of this Agreement shall survive termination of Xxxxxx’x Dxxxxxxx’x employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx Dxxxxxxx by their respective terms. (b) Xxxxxx Dxxxxxxx acknowledges and agrees: (i) that his her services to the Company are unique, (ii) that the restrictions in Sections 5 through 7 of this Agreement are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiaries, (iii) that any violation of any provision of these Sections will irreparably injure the Company and its subsidiaries, (iv) that in the event of such violation the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (c) In the event any provision relating to the time period or scope of the non-solicitation restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (d) Xxxxxx Dxxxxxxx agrees that, if he she is found to have breached any provision in Sections 5 through 7 of this Agreement, then he she shall be obligated to pay the attorney’s fees and expenses incurred by the Company to enforce its rights in connection with such breach.

Enforcement; Remedies. (a) The provisions in Sections 5 through 7 of this Agreement shall survive termination of Xxxxxx’x Sxxxxx’x employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx Sxxxxx by their respective terms. (b) Xxxxxx Sxxxxx acknowledges and agrees: (i) that his services to the Company are unique, (ii) that the restrictions in Sections 5 through 7 of this Agreement are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiaries, (iii) that any violation of any provision of these Sections will irreparably injure the Company and its subsidiaries, (iv) that in the event of such violation the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (c) In the event any provision relating to the time period or scope of the non-solicitation restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (d) Xxxxxx Sxxxxx agrees that, if he is found to have breached any provision in Sections 5 through 7 of this Agreement, then he shall be obligated to pay the attorney’s fees and expenses incurred by the Company to enforce its rights in connection with such breach.

Enforcement; Remedies. (a) The provisions in Sections 5 through 7 of this Agreement shall survive termination of Xxxxxx’x Cxxxxxxx’x employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx Crockett by their respective terms. (b) Xxxxxx Crockett acknowledges and agrees: (i) that his services to the Company are unique, (ii) that the restrictions in Sections 5 through 7 of this Agreement are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiaries, (iii) that any violation of any provision of these Sections will irreparably injure the Company and its subsidiaries, (iv) that in the event of such violation the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (c) In the event any provision relating to the time period or scope of the non-solicitation restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (d) Xxxxxx Cxxxxxxx agrees that, if he is found to have breached any provision in Sections 5 through 7 of this Agreement, then he shall be obligated to pay the attorney’s fees and expenses incurred by the Company to enforce its rights in connection with such breach.

Enforcement; Remedies. (ai) The provisions in Sections 5 through 7 of this Agreement shall survive termination of Xxxxxx’x employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx by their respective terms. (b) Xxxxxx Executive acknowledges and agrees: (i1) that his her services to the Company or its subsidiaries and affiliates are unique, (ii2) that the restrictions in Sections 5 through 7 of this Agreement the Covenants are reasonable and necessary to protect the legitimate business interests of the Company Company, its subsidiaries and its subsidiariesaffiliates and will not preclude her from becoming gainfully employed following his termination of employment, (iii3) that any violation of any provision of these Sections the Covenants will irreparably injure the Company and its subsidiaries, (iv4) that in the event of such violation the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company or its subsidiaries may be entitled. (cii) In the event any provision relating to the time period or scope of the confidentiality, non-disparagement or non-solicitation restriction restrictions shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (diii) Xxxxxx Executive agrees that, if he she is found upon final determination by a Court of competent jurisdiction to have breached any provision in Sections 5 through 7 of this Agreementthe Covenants, then he she shall be obligated to pay the reasonable attorney’s fees and expenses incurred by the Company or its subsidiaries to enforce its rights in connection with such breach. (iv) Company agrees that, if it is found upon final determination by a Court of competent jurisdiction to have breached any provision in this Agreement, then it shall be obligated to pay the reasonable attorney’s fees and expenses incurred by the Executive to enforce his rights in connection with such breach.

Enforcement; Remedies. (a) The provisions in Sections 5 through 7 of this Agreement shall survive termination of Xxxxxx’x Xxxxxxxx’x employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx Crockett by their respective terms. (b) Xxxxxx Crockett acknowledges and agrees: (i) that his services to the Company are unique, (ii) that the restrictions in Sections 5 through 7 of this Agreement are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiaries, (iii) that any violation of any provision of these Sections will irreparably injure the Company and its subsidiaries, (iv) that in the event of such violation the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (c) In the event any provision relating to the time period or scope of the non-solicitation restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (d) Xxxxxx Xxxxxxxx agrees that, if he is found to have breached any provision in Sections 5 through 7 of this Agreement, then he shall be obligated to pay the attorney’s fees and expenses incurred by the Company to enforce its rights in connection with such breach.

Enforcement; Remedies. (a) The provisions in Sections 5 through 7 of this Agreement shall survive termination of Xxxxxx’x Xxxxx’x employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx Xxxxx by their respective terms. (b) Xxxxxx Xxxxx acknowledges and agrees: (i) that his services to the Company are unique, (ii) that the restrictions in Sections 5 through 7 of this Agreement are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiaries, (iii) that any violation of any provision of these Sections will irreparably injure the Company and its subsidiaries, (iv) that in the event of such violation the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (c) In the event any provision relating to the time period or scope of the non-solicitation restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (d) Xxxxxx Xxxxx agrees that, if he is found to have breached any provision in Sections 5 through 7 of this Agreement, then he shall be obligated to pay the attorney’s fees and expenses incurred by the Company to enforce its rights in connection with such breach.

Enforcement; Remedies. (ai) The provisions in Sections 5 through 7 Section 3(a) of this Agreement and the provisions of that certain Proprietary and Confidential Information, Developments, Noncompetition and Nonsolicitation Agreement executed as a condition of Xxxxxxxx’x employment (the “PCI Agreement”, and, collectively with the provisions in Section 4(a), the “Covenants”) shall survive termination of Xxxxxx’x Xxxxxxxx’x employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx Xxxxxxxx and the Company by their respective terms. (bii) Xxxxxx Xxxxxxxx acknowledges and agrees: (i1) that his services to the Company are unique, (ii2) that the restrictions in Sections 5 through 7 of this Agreement the Covenants are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiariessubsidiaries and will not preclude him from becoming gainfully employed following his termination of employment, (iii3) that any violation of any provision of these Sections the Covenants will irreparably injure the Company and its subsidiaries, (iv4) that in the event of such violation violation, the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (ciii) In the event any provision relating to the time period or scope of any restriction in this Agreement or the non-solicitation restriction PCI Agreement shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (div) Xxxxxx agrees thatIf either party institutes legal action against the other party claiming a breach of the Covenants, if he is found to have breached any provision in Sections 5 through 7 of this Agreement, then he the prevailing party shall be obligated entitled to pay recover from the attorney’s other party its expenses, including reasonable fees and expenses disbursements of legal counsel, incurred by the Company to enforce its rights in connection with such breachaction.

Enforcement; Remedies. (ai) The provisions in Sections 5 5(a) through 7 5(e) of this Agreement (the “Covenants”) shall survive termination of Xxxxxx’x Employee’s employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx Employee and the Company by their respective terms. (bii) Xxxxxx Employee acknowledges and agrees: (i1) that his her services to the Company are unique, (ii2) that the restrictions in Sections 5 through 7 of this Agreement the Covenants are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiariessubsidiaries and will not preclude her from becoming gainfully employed following her termination of employment, (iii3) that any violation of any provision of these Sections will irreparably injure the Company and its subsidiaries, (iv4) that in the event of such violation the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (ciii) In the event any provision relating to the time period or scope of the non-competition or non-solicitation restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (div) Xxxxxx Employee agrees that, if he she is found to have breached any provision in Sections 5 through 7 of this Agreementthe Covenants, then he she shall be obligated to pay the attorney’s fees and expenses incurred by the Company to enforce its rights in connection with such breach.

Enforcement; Remedies. (ai) The provisions in Sections 5 through 7 Section 4(a) of this Agreement and the provisions of that certain Proprietary and Confidential Information, Developments, Noncompetition and Nonsolicitation Agreement executed by Employee on February 11, 2011 (the “PCI Agreement”, and, collectively with the provisions in Section 4(a), the “Covenants”) shall survive termination of Xxxxxx’x Employee’s employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx Employee and the Company by their respective terms. (bii) Xxxxxx Employee acknowledges and agrees: (i1) that his services to the Company are unique, (ii2) that the restrictions in Sections 5 through 7 of this Agreement the Covenants are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiariessubsidiaries and will not preclude him from becoming gainfully employed following his termination of employment, (iii3) that any violation of any provision of these Sections the Covenants will irreparably injure the Company and its subsidiaries, (iv4) that in the event of such violation violation, the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (ciii) In the event any provision relating to the time period or scope of any restriction in this Agreement or the non-solicitation restriction PCI Agreement shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (div) Xxxxxx agrees thatIf either party institutes legal action against the other party claiming a breach of the Covenants, if he is found to have breached any provision in Sections 5 through 7 of this Agreement, then he the prevailing party shall be obligated entitled to pay recover from the attorney’s other party its expenses, including reasonable fees and expenses disbursements of legal counsel, incurred by the Company to enforce its rights in connection with such breachaction.

Enforcement; Remedies. (ai) The provisions in Sections 5 through 7 Section 4(a) of this Agreement and the provisions of that certain Proprietary and Confidential Information, Developments, Noncompetition and Nonsolicitation Agreement executed as a condition of Employee’s employment (the “PCI Agreement”, and, collectively with the provisions in Section 4(a), the “Covenants”) shall survive termination of Xxxxxx’x Employee’s employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx Employee and the Company by their respective terms. (bii) Xxxxxx Employee acknowledges and agrees: (i1) that his services to the Company are unique, (ii2) that the restrictions in Sections 5 through 7 of this Agreement the Covenants are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiariessubsidiaries and will not preclude him from becoming gainfully employed following his termination of employment, (iii3) that any violation of any provision of these Sections the Covenants will irreparably injure the Company and its subsidiaries, (iv4) that in the event of such violation violation, the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (ciii) In the event any provision relating to the time period or scope of any restriction in this Agreement or the non-solicitation restriction PCI Agreement shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (div) Xxxxxx agrees thatIf either party institutes legal action against the other party claiming a breach of the Covenants, if he is found to have breached any provision in Sections 5 through 7 of this Agreement, then he the prevailing party shall be obligated entitled to pay recover from the attorney’s other party its expenses, including reasonable fees and expenses disbursements of legal counsel, incurred by the Company to enforce its rights in connection with such breachaction.

Enforcement; Remedies. (ai) The provisions in Sections 5 through 7 of this Agreement shall survive termination of Xxxxxx’x employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx by their respective terms. (b) Xxxxxx Executive acknowledges and agrees: (i1) that his her services to the Company or its subsidiaries and affiliates are unique, (ii2) that the restrictions in Sections 5 through 7 of this Agreement the Covenants are reasonable and necessary to protect the legitimate business interests of the Company Company, its subsidiaries and its subsidiariesaffiliates and will not preclude her from becoming gainfully employed following her termination of employment, (iii3) that any violation of any provision of these Sections the Covenants will irreparably injure the Company and its subsidiaries, (iv4) that in the event of such violation the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company or its subsidiaries may be entitled. (cii) In the event any provision relating to the time period or scope of the confidentiality, non-disparagement or non-solicitation restriction restrictions shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (diii) Xxxxxx Executive agrees that, if he she is found upon final determination by a Court of competent jurisdiction to have breached any provision in Sections 5 through 7 of this Agreementthe Covenants, then he she shall be obligated to pay the reasonable attorney’s fees and expenses incurred by the Company or its subsidiaries to enforce its rights in connection with such breach. (iv) Company agrees that, if it is found upon final determination by a Court of competent jurisdiction to have breached any provision in this Agreement, then it shall be obligated to pay the reasonable attorney’s fees and expenses incurred by the Executive to enforce his rights in connection with such breach.

Enforcement; Remedies. (a) a. The provisions in Sections 5 through 7 of this Agreement Exhibit C shall survive termination of Xxxxxx’x the Executive’s employment with the Company for any reason and/or termination of this the Agreement, and shall continue to bind Xxxxxx the Executive by their respective its terms. (b) Xxxxxx b. The Executive acknowledges and agrees: (i) that his services to the Company are unique, (ii) that the restrictions in Sections 5 through 7 of this Agreement Exhibit C are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiaries, (iii) that any violation of any provision of these Sections this Exhibit C will irreparably injure the Company and its subsidiaries, (iv) that in the event of such violation the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (c) c. In the event any provision relating to the time period or scope of the non-solicitation restriction restrictions in this Exhibit C shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (d) Xxxxxx d. The Executive agrees that, if he is found to have breached any provision in Sections 5 through 7 of this AgreementExhibit C, then he shall be obligated to pay the attorney’s fees and expenses incurred by the Company to enforce its rights in connection with such breach.

Enforcement; Remedies. (a) The provisions in Sections 5 through 7 of this Agreement shall survive termination of Xxxxxx’x Xxxxxxxx’x employment with the Company for any reason and/or termination of this Agreement, and shall continue to bind Xxxxxx Xxxxxxxx by their respective terms. (b) Xxxxxx Xxxxxxxx acknowledges and agrees: (i) that his her services to the Company are unique, (ii) that the restrictions in Sections 5 through 7 of this Agreement are reasonable and necessary to protect the legitimate business interests of the Company and its subsidiaries, (iii) that any violation of any provision of these Sections will irreparably injure the Company and its subsidiaries, (iv) that in the event of such violation the Company shall be entitled to preliminary and permanent injunctive relief without proof of actual damages and to an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (c) In the event any provision relating to the time period or scope of the non-solicitation restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or scope such court deems reasonable and enforceable, such time period or scope shall be deemed amended and reformed to the minimum degree necessary to be enforceable. (d) Xxxxxx Xxxxxxxx agrees that, if he she is found to have breached any provision in Sections 5 through 7 of this Agreement, then he she shall be obligated to pay the attorney’s fees and expenses incurred by the Company to enforce its rights in connection with such breach.