Common use of EQUITABLE RELIEF AND OTHER REMEDIES Clause in Contracts

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the Company's remedies at law for a breach or threatened breach of any of the provisions of this Section 10 would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's remedies for any breach of any restriction on the Executive set forth in this Section 10, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d) hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 10, the Executive will immediately return to the Company any such payments previously received under Section 7(d) upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d).

Appears in 33 contracts

Samples: Employment Agreement (Unilava Corp), Employment Agreement (Unilava Corp), Employment Agreement (China Pediatric Pharmaceuticals, Inc.)

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EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the Company's remedies at law for a breach or threatened breach of any of the provisions of this Section 10 9 would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's remedies for any breach of any restriction on the Executive set forth in this Section 109, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d6(d) hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 109, the Executive will immediately return to the Company any such payments previously received under Section 7(d6(d) upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d6(d).

Appears in 15 contracts

Samples: Employment Agreement (China Advanced Construction Materials Group, Inc), Employment Agreement (China Advanced Construction Materials Group, Inc), Employment Agreement (China Advanced Construction Materials Group, Inc)

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the Company's remedies at law for a breach or threatened breach of any of the provisions of this Section 10 9 would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's remedies for any breach of any restriction on the Executive set forth in this Section 109, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d5(d) hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 109, the Executive will immediately return to the Company any such payments previously received under Section 7(d5(d) upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d5(d).

Appears in 6 contracts

Samples: Employment Agreement (Voiceserve Inc), Employment Agreement (Voiceserve Inc), Employment Agreement (Voiceserve Inc)

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the Company's remedies at law for a breach or threatened breach of any of the provisions of this Section 10 would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's remedies for any breach of any restriction on the Executive set forth in this Section 10, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d) 6 hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 10, the Executive will immediately return to the Company any such payments previously received under Section 7(d) 6 upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d)6.

Appears in 4 contracts

Samples: Employment Agreement (NXT Nutritionals Holdings, Inc.), Employment Agreement (China Green, Inc.), Employment Agreement (China Green, Inc.)

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the Company's ’s remedies at law for a breach or threatened breach of any of the provisions of this Section 10 would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's ’s remedies for any breach of any restriction on the Executive set forth in this Section 10, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d) 6 hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 10, the Executive will immediately return to the Company any such payments previously received under Section 7(d) 6 upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d)6.

Appears in 4 contracts

Samples: Employment Agreement (Famous Uncle Als Hot Dogs & Grille Inc), Employment Agreement (Famous Uncle Als Hot Dogs & Grille Inc), Employment Agreement (Famous Uncle Als Hot Dogs & Grille Inc)

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the Company's ’s remedies at law for a breach or threatened breach of any of the provisions of this Section 10 9 would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's ’s remedies for any breach of any restriction on the Executive set forth in this Section 109, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d) 6 hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 109, the Executive will immediately return to the Company any such payments previously received under Section 7(d) 6 upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d)6.

Appears in 4 contracts

Samples: Employment Agreement (China Sunflower Group LTD), Employment Agreement (China Sunflower Group LTD), Employment Agreement (China Sunflower Group LTD)

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the CompanyCorporation's remedies at law for a breach or threatened breach of any of the provisions of this Section 10 would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the CompanyCorporation, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the CompanyCorporation's remedies for any breach of any restriction on the Executive set forth in this Section 10, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d) hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 10, the Executive will immediately return to the Company Corporation any such payments previously received under Section 7(d) upon such a breach, and, in the event of such breach, the Company Corporation will have no obligation to pay any of the amounts that remain payable by the Company Corporation under Section 7(d).

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement (Elko Ventures Inc.), Employment Agreement (ASPA Gold Corp)

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the Company's ’s remedies at law for a breach or threatened breach of any of the provisions of this Section 10 9 would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's ’s remedies for any breach of any restriction on the Executive set forth in this Section 109, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d6(d) hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 109, the Executive will immediately return to the Company any such payments previously received under Section 7(d6(d) upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d6(d).

Appears in 2 contracts

Samples: Employment Agreement (Emerald Acquisition CORP), Employment Agreement (Emerald Acquisition CORP)

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the CompanyCorporation's and/or the subsidiary companies remedies at law for a breach or threatened breach of any of the provisions of this Section 10 would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the CompanyCorporation and/or the subsidiary companies, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the CompanyCorporation's and/or the subsidiary companies remedies for any breach of any restriction on the Executive set forth in this Section 10, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d) hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 10, the Executive will immediately return to the Company Corporation and/or the subsidiary companies any such payments previously received under Section 7(d) upon such a breach, and, in the event of such breach, the Company Corporation and/or the subsidiary companies will have no obligation to pay any of the amounts that remain payable by the Company Corporation and/or the subsidiary companies under Section 7(d).

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive Employee acknowledges and agrees that the Company's ’s remedies at law for a breach or threatened breach of any of the provisions of this their Section 10 8 would be inadequate and, in recognition of this their fact, the Executive Employee agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's ’s remedies for any breach of any restriction on the Executive Employee set forth in this their Section 108, except as required by law, the Executive Employee shall not be entitled to any payments set forth in Section 7(d5(d) hereof if the Executive Employee has breached the covenants applicable to the Executive Employee contained in this their Section 10, the Executive Employee will immediately return to the Company any such payments previously received under Section 7(d5(d) upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d5(d).

Appears in 2 contracts

Samples: Engagement Agreement (Esports Entertainment Group, Inc.), Engagement Agreement (Esports Entertainment Group, Inc.)

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive Director acknowledges and agrees that the CompanyCorporation's remedies at law for a breach or threatened breach of any of the provisions of this Section 10 would be inadequate and, in recognition of this fact, the Executive Director agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the CompanyCorporation, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the CompanyCorporation's remedies for any breach of any restriction on the Executive Director set forth in this Section 10, except as required by law, the Executive Director shall not be entitled to any payments set forth in Section 7(d) hereof if the Executive Director has breached the covenants applicable to the Executive Director contained in this Section 10, the Executive Director will immediately return to the Company Corporation any such payments previously received under Section 7(d) upon such a breach, and, in the event of such breach, the Company Corporation will have no obligation to pay any of the amounts that remain payable by the Company Corporation under Section 7(d).

Appears in 2 contracts

Samples: Service Agreement (ASPA Gold Corp), Service Agreement (ASPA Gold Corp)

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EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the Company's ’s remedies at law for a breach or threatened breach of any of the provisions of this Section 10 would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's ’s remedies for any breach of any restriction on the Executive set forth in this Section 10, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d) hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 10, the Executive will immediately return to the Company any such payments previously received under Section 7(d5(d) upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d5(d).

Appears in 1 contract

Samples: Employment Agreement (310 Holdings, Inc.)

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the Company's remedies at law for a breach or threatened breach of any of the provisions of this Section 10 8 would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's remedies for any breach of any restriction on the Executive set forth in this Section 108, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d) 5 hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 108, the Executive will immediately return to the Company any such payments previously received under Section 7(d) 5 upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d)5.

Appears in 1 contract

Samples: Employment Agreement (Birch Branch Inc)

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges that the restrictions contained in Section 12 are necessary for the protection of the business and goodwill of the Company and its affiliates and that any breach of Section 12 shall cause the Company substantial and irrevocable damage. The Executive acknowledges and agrees that the Company's ’s remedies at law for a breach or threatened breach of any of the provisions of this Section 10 12 hereof would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's remedies for any breach event of any restriction on a violation by the Executive set forth in of Section 12 hereof, any severance being paid to the Executive pursuant to this Section 10Agreement or otherwise shall immediately cease, except as required by law, and any severance previously paid to the Executive shall not be entitled to any payments set forth in Section 7(d) hereof if the Executive has breached the covenants applicable immediately repaid to the Executive contained in this Section 10, the Executive will immediately return to the Company any such payments previously received under Section 7(d) upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d)Company.

Appears in 1 contract

Samples: Employment Agreement (WireCo WorldGroup Inc.)

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the Company's ’s remedies at law for a breach or threatened breach of any of the provisions of this Section 10 would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's ’s remedies for any breach of any restriction on the Executive set forth in this Section 10, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d) hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 10, the Executive will immediately return to the Company any such payments previously received under Section 7(d) upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d).

Appears in 1 contract

Samples: Employment Agreement (Esports Entertainment Group, Inc.)

EQUITABLE RELIEF AND OTHER REMEDIES. The Non Executive acknowledges and agrees that the Company's remedies at law for a breach or threatened breach of any of the provisions of this Section 10 would be inadequate and, in recognition of this fact, the Non Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In addition, without limiting the Company's remedies for any breach of any restriction on the Non Executive set forth in this Section 10, except as required by law, the Non Executive shall not be entitled to any payments set forth in Section 7(d) hereof if the Non Executive has breached the covenants applicable to the Non Executive contained in this Section 10, the Non Executive will immediately return to the Company any such payments previously received under Section 7(d) upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d).

Appears in 1 contract

Samples: Employment Agreement (Fortress Financial Group, Inc. / WY)

EQUITABLE RELIEF AND OTHER REMEDIES. The Executive acknowledges and agrees that the Company's ’s remedies at law for a breach or threatened breach of any of the provisions of this Section 9 or Section 10 hereof would be inadequate and, in recognition of this fact, the Executive agrees that, in the event of such a breach or threatened or attempted breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. In additionthe event of a violation by Executive of Section 9 or Section 10 hereof, without limiting any severance or other benefits being paid or provided to Executive and/or Executive’s dependents pursuant to this Agreement or otherwise shall immediately cease, and any severance previously paid to Executive shall be immediately repaid to the Company's Company upon the Company making written demand on the Executive for such payment; provided, however, that the Executive will, in any event, be entitled to receive or retain Five Hundred Dollars ($500.00) of the severance. The Company and Executive acknowledge and agree that such forfeiture and claw back are in addition to, and not in lieu of, any and all other legal and/or equitable remedies for any that may be available to the Company in connection with the Executive’s breach of any restriction on the Executive covenant or provision set forth in this Section 10, except as required by law, the Executive shall not be entitled to any payments set forth in Section 7(d) hereof if the Executive has breached the covenants applicable to the Executive contained in this Section 10, the Executive will immediately return to the Company any such payments previously received under Section 7(d) upon such a breach, and, in the event of such breach, the Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 7(d)Agreement.

Appears in 1 contract

Samples: Employment Agreement (Holley Inc.)

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