Equitable Relief and Remedies. Employee acknowledges that any breach of this Agreement will cause substantial and irreparable harm to the Company for which money damages would be an inadequate remedy. Accordingly, notwithstanding the provisions of Article V below, the Company shall in any such event be entitled to seek injunctive and other forms of equitable relief to prevent such breach and the prevailing party shall be entitled to recover from the other, the prevailing party’s costs (including, without limitation, reasonable attorneys’ fees) incurred in connection with enforcing this Agreement, in addition to any other rights or remedies available at law, in equity, by statute or pursuant to Article V below.
Equitable Relief and Remedies. Employee acknowledges that any breach of this Agreement will cause substantial and irreparable harm to the Company for which money damages would be an inadequate remedy. Accordingly, the Company shall in any such event be entitled to obtain injunctive and other forms of equitable relief to prevent such breach and to recover from Employee the Company’s costs (including, without limitation, reasonable attorneys’ fees) incurred in connection with enforcing this Agreement, in addition to any other rights or remedies available at law, in equity or by statute.
Equitable Relief and Remedies. Executive acknowledges that any breach of this Agreement will cause substantial and irreparable harm to the Company for which money damages would be an inadequate remedy. Accordingly, the Company shall in any such event be entitled to seek injunctive and other forms of equitable relief to prevent such breach and the prevailing party shall be entitled to recover from the other, the prevailing party’s costs (including, without limitation, reasonable attorneys’ fees) incurred in connection with enforcing this Agreement, in addition to any other rights or remedies available at law.
Equitable Relief and Remedies. Employee acknowledges that any breach of Section 6 or Section 7 of this Agreement will cause substantial and irreparable harm to the Company or any of its subsidiaries for which money damages would be an inadequate remedy. Accordingly, notwithstanding the other provisions of this Agreement, the Company or any of its subsidiaries shall in any such event be entitled to seek injunctive and other forms of equitable relief to prevent such breach and the prevailing party shall be entitled to recover from the other, the prevailing party’s costs (including, without limitation, reasonable attorneys’ fees) incurred in connection with enforcing this Agreement, in addition to any other rights or remedies available at law, in equity or by statute.
Equitable Relief and Remedies. Contractor/Subcontractor acknowledges that any breach of this Agreement will cause substantial and irreparable harm to Company for which money damages would be an inadequate remedy. Accordingly, Company shall in any such event be entitled to seek injunction and other forms of equitable relief to prevent such breach and the prevailing Party shall be entitled to recover from the other, the prevailing Party's losses, damages, and costs, including, without limitation, reasonable attorney's fees and costs, incurred in connection with enforcing this Agreement, in addition to any other rights or remedies available at law, in equity, or by statute.
Equitable Relief and Remedies. Both parties acknowledges that any breach of this Agreement will cause substantial and irreparable harm to the other for which money damages would be an inadequate remedy. Accordingly, either party shall in any such event be entitled to seek injunctive and other forms of equitable relief to prevent such breach and the prevailing party shall be entitled to recover from the other, the prevailing party's costs (including, without limitation, reasonable attorneys' fees} incurred in connection with enforcing this Agreement, in addition to any other rights or remedies available at law, in equity, or by statute.
Equitable Relief and Remedies. Any and all Confidential Information and/or Proprietary Technology is considered to include valuable trade secrets of the disclosing party. The receiving party acknowledges that, in the event of any breach of this Memorandum, the disclosing party will not have an adequate remedy in money or damages. The disclosing party will always be entitled in such event to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. The disclosing party’s right to obtain such relief will not limit its right to obtain other remedies. The receiving party agrees to and will be responsible and primarily liable for, and agree to and shall indemnify the disclosing party and its Affiliates from and against, any and all claims, demands, actions, losses, damages, liabilities, costs, expenses and disbursements incurred or sustained as a result of any breach by receiving party and/or receiving party’s Representatives or Affiliates of any of the provisions hereof (including, without limitation, any unauthorized use or disclosure of the Confidential Information by the receiving party or the receiving party’s Affiliates or Representatives, or otherwise resulting from the acts or omissions of the receiving party, or the acts or omissions of the receiving party’s Affiliates and Representatives). In addition to all other rights and remedies which either party hereto may have hereunder, at law, in equity, by statute or otherwise, either party hereto will be entitled to recover attorneys’ fees and expenses and court costs in the event of any breach of this Memorandum by the other party.
Equitable Relief and Remedies. Any and all ascertainable by proper means by other persons who can obtain economic value from its disclosure or use and this Agreement and the Purpose thereof. Confidential Information may be in any form including written or oral, expressed in electronic media or otherwise disclosed, and may be tangible or intangible. Information shall not be Confidential Information if it:
Equitable Relief and Remedies. Recipient acknowledges that any breach of this Agreement will cause substantial and irreparable harm to Discloser for which money damages would be an inadequate remedy. Accordingly, Discloser shall in any such event be entitled to seek injunctive and other forms of equitable relief to prevent such breach and the prevailing Party shall be entitled to recover from the other, the prevailing Party's losses, damages, and costs, including, without limitation, reasonable attorney's fees and costs, incurred in connection with enforcing this Agreement, in addition to any other rights or remedies available at law, in equity, or by statute.
Equitable Relief and Remedies. Employee acknowledges that any breach of this Agreement will cause substantial and irreparable harm to Tempur-Pedic and the Company for which money damages would be an inadequate remedy. Accordingly, notwithstanding the provisions of Article V below, Tempur-Pedic and the Company shall in any such event be entitled to seek injunctive and other forms of equitable relief to prevent such breach and the prevailing party shall be entitled to recover from the other, the prevailing party's costs (including, without limitation, reasonable attorneys' fees) incurred in connection with enforcing this Agreement, in addition to any other rights or remedies available at law, in equity, by statute or pursuant to Article V below. Without limiting Tempur-Pedic’s and the Company’s rights and remedies hereunder, at law or in equity, the Employee acknowledges and agrees that the right of the Employee to receive and retain any payments otherwise due will be suspended and cancelled if and for so long as the Employee is in breach of any provision of this Agreement. Tempur-Pedic and the Company may withhold payment of, or require repayment of, any Base Salary or retention incentive payment or both of them, or any other payment, benefit, or delivery of shares described herein in the event Employee breaches this Agreement. If and when the Employee has cured any such breach and has tendered to Tempur-Pedic or the Company any and all economic benefits directly or indirectly received and receivable by the Employee arising there from, such payment or payments will automatically be reinstated, but only for the remainder of the period, if any, during which such payments are due. Tempur-Pedic International Inc. 0000 Xxxxxx Xxx, Xxxxxxxxx, XX 00000-0000 Phone (000) 000-0000 xxx.xxxxxxxxxxx.xxx
