Common use of Enforcement; Specific Performance Clause in Contracts

Enforcement; Specific Performance. Notwithstanding clauses (b), (c), (d) or (e) above, if at any time a court holds that the restrictions stated in such clauses are in whole or in part unreasonable or otherwise unenforceable under circumstances then existing, the parties hereto agree that the maximum period, scope or geographic area determined to be reasonable under such circumstances by such court will be substituted for the stated period, scope or area. Because your services are unique and because you have had access to Confidential Information, you agree that money damages will be an inadequate remedy for any breach of this Section 5 by you. Accordingly, you understand, acknowledge and agree that in the event of a breach or threatened breach of any of clause of this Section 5, the Restricted Group shall suffer irreparable injury for which there is no adequate remedy at law, and the Company or its successors or assigns will therefore be entitled to temporary, preliminary, or permanent injunctive relief from the courts enjoining said breach or threatened, in addition to other rights and remedies existing in their favor (without the posting of a bond or other security). You further acknowledge that the Company or its successors or assigns also shall have the right to seek any other damages, relief, or remedies at law as well as or in lieu of equitable relief in the event of any such breach.

Appears in 3 contracts

Samples: Change in Control Agreement (Synavant Inc), Change in Control Agreement (Synavant Inc), Change in Control Agreement (Synavant Inc)

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