Equitable Relief; Attorneys’ Fees. Employee agrees that any violation by Employee of any covenant in this Agreement may cause such damage to Company as will be serious and irreparable and the exact amount of which will be difficult to ascertain, and for that reason, Employee agrees that Company may seek a temporary, preliminary and/or permanent injunction and/or other injunctive relief, ex parte or otherwise, from any court of competent jurisdiction, restraining any further violations by Employee. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies Company shall have in law and equity for the enforcement of such covenants. Company agrees that any violation by Company of any covenant in this Agreement may cause such damage to Employee as will be serious and irreparable and the exact amount of which will be difficult to ascertain, and for that reason, Company agrees that Employee may seek a temporary, preliminary and/or permanent injunction and/or other injunctive relief, ex parte or otherwise, from any court of competent jurisdiction, restraining any further violations by Company. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies Employee shall have in law and equity for the enforcement of such covenants. If litigation arises under this Agreement between Company and Employee, the prevailing party in such litigation shall be entitled to recover its or his reasonable attorneys’ fees, court costs and out-of-pocket expenses from the non-prevailing party.
Appears in 2 contracts
Samples: Separation Agreement and General Release (Castle a M & Co), Separation Agreement and General Release (Castle a M & Co)
Equitable Relief; Attorneys’ Fees. Employee The Executive agrees that any violation by Employee the Executive of any covenant in this Agreement paragraph 10, 11 or 12 may cause such damage to the Company as will be serious and irreparable and the exact amount of which will be difficult to ascertain, and for that reason, Employee the Executive agrees that the Company may seek a temporary, preliminary and/or permanent injunction and/or other injunctive relief, ex parte or otherwise, from any court of competent jurisdiction, restraining any further violations by Employeethe Executive. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies the Company shall have in law and equity for the enforcement of such covenants. The Company agrees that any violation by the Company of any covenant in this Agreement paragraph 12 may cause such damage to Employee the Executive as will be serious and irreparable and the exact amount of which will be difficult to ascertain, and for that reason, the Company agrees that Employee the Executive may seek a temporary, preliminary and/or permanent injunction and/or other injunctive relief, ex parte or otherwise, from any court of competent jurisdiction, restraining any further violations by the Company. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies Employee the Executive shall have in law and equity for the enforcement of such covenants. If litigation arises under this Agreement between the Company and Employeethe Executive, the prevailing party in such litigation shall be entitled to recover its or his reasonable attorneys’ fees, court costs and out-of-pocket expenses from the non-prevailing party.
Appears in 2 contracts
Samples: Severance Agreement (Castle a M & Co), Severance Agreement (Castle a M & Co)
Equitable Relief; Attorneys’ Fees. The Employee agrees acknowledges that any violation by Employee irreparable harm will result to the Company in the event of the Employee’s breach, or threatened breach, of any covenant in of the provisions of this Agreement may cause such damage and that remedies at law for a breach of this Agreement would be inadequate. If the Employee breaches or threatens to breach any provision of this Agreement, then the Company as will be serious and irreparable and the exact amount entitled, as a matter of which will be difficult right, to ascertain, and for that reason, Employee agrees that Company may seek specific performance and/or injunctive relief without any requirement to post a temporary, preliminary and/or permanent injunction and/or other injunctive relief, ex parte or otherwise, from bond as a condition to remedy any court of competent jurisdiction, restraining any further violations by Employeesuch breach. Such injunctive relief remedy shall not be deemed to be the exclusive remedy for any such breach of this Agreement but shall be in addition to, and in no way in limitation of, any and to all other rights and remedies to which the Company shall have in law and equity for the enforcement of such covenants. Company agrees that any violation by Company of any covenant in this Agreement may cause such damage to Employee as will be serious and irreparable and the exact amount of which will be difficult to ascertain, and for that reason, Company agrees that Employee may seek a temporary, preliminary and/or permanent injunction and/or other injunctive relief, ex parte or otherwise, from any court of competent jurisdiction, restraining any further violations by Company. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies Employee shall have in law and equity for the enforcement of such covenantsentitled. If litigation arises under the Company prevails in any action or proceeding brought to enforce this Agreement between Agreement, then the Company and Employee, the prevailing party in such litigation shall will be entitled to recover its or his from the Employee all reasonable attorneys’ fees, court costs and out-of-pocket expenses from disbursements incurred by the non-prevailing partyCompany in connection with such action or proceeding. The Employee further agrees that no failure or delay by the Company, its agents, or representatives in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege under this Agreement.
Appears in 1 contract
Samples: Executive Employment Agreement (Tetralogic Pharmaceuticals Corp)
Equitable Relief; Attorneys’ Fees. Employee The Executive agrees that any violation by Employee the Executive of any covenant in this Agreement paragraph 11, 12 or 13 may cause such damage to the Company as will be serious and irreparable and the exact amount of which will be difficult to ascertain, and for that reason, Employee the Executive agrees that the Company may seek a temporary, preliminary and/or permanent injunction and/or other injunctive relief, ex parte or otherwise, from any court of competent jurisdiction, restraining any further violations by Employeethe Executive. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies the Company shall have in law and equity for the enforcement of such covenants. The Company agrees that any violation by the Company of any covenant in this Agreement paragraph 13 may cause such damage to Employee the Executive as will be serious and irreparable and the exact amount of which will be difficult to ascertain, and for that reason, the Company agrees that Employee the Executive may seek a temporary, preliminary and/or permanent injunction and/or other injunctive relief, ex parte or otherwise, from any court of competent jurisdiction, restraining any further violations by the Company. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies Employee the Executive shall have in law and equity for the enforcement of such covenants. If litigation arises under this Agreement between the Company and Employeethe Executive, the prevailing party in such litigation shall be entitled to recover its or his reasonable attorneys’ fees, court costs and out-of-pocket expenses from the non-prevailing party.
Appears in 1 contract