Common use of Equitable Relief for Violations Clause in Contracts

Equitable Relief for Violations. The parties expressly covenant and agree that if any of them violates, or overtly threatens to violate, the covenants set forth in this Article 13 (the "Restrictive Covenants"), the non-violating party shall be entitled to an accounting and repayment of all profits, compensation, commissions, remuneration, or benefits which the violating party, directly or indirectly, realized and/or may realize as the result of, arising out of, or in connection with any such violation or threatened violation. The parties acknowledge further that an irreparable injury may result to the non-violating party and its business in the event of a breach by the violating party of the Restrictive Covenants. The parties also acknowledge and agree that the damages or injuries which a non-violating party sustains as a result of a breach by a violating party of the Restrictive Covenants are difficult to ascertain and money damages alone may not be an adequate remedy to a non-violating party. The parties therefore expressly agree that if a controversy arises concerning the rights or obligations of a party under the Restrictive Covenants, such rights or obligations shall be enforceable in a court of equity by decree of specific performance and a non-violating party shall also be entitled to any injunctive relief necessary to prevent or restrain any violation of the Restrictive Covenants. Such relief, however, shall be cumulative and non-exclusive and shall be in addition to any other remedy to which the parties may be entitled. In addition, a non-violating party shall also be entitled to actual attorney's fees and costs reasonably incurred in any action in which it is successful in establishing a violation of the Restrictive Covenants.

Equitable Relief for Violations. The parties expressly covenant and agree that if any of them violates, or overtly threatens to violate, the covenants set forth in this Article 13 (the "Restrictive Covenants"), the non-violating party shall be entitled to an accounting and repayment of all profits, compensation, commissions, . remuneration, or benefits which the violating party, . directly or indirectly, realized and/or may realize as the result of, arising out of, or in connection with any such violation or threatened violation. The parties acknowledge further that an irreparable injury may result to the non-violating party and its business in the event of a breach by the violating party of the Restrictive Covenants. The parties also acknowledge and agree that the damages or injuries which a non-violating party sustains as a result of a breach by a violating party of the Restrictive Covenants are difficult to ascertain and money damages alone may not be an adequate remedy to a non-violating party. The parties therefore expressly agree that if a controversy arises concerning the rights or obligations of a party under the Restrictive Covenants, such rights or obligations shall be enforceable in a court of equity by an arbitral decree of specific performance and a non-violating party shall also be entitled to any injunctive relief from the arbitral tribunal pursuant to Section 14.12 necessary to prevent or restrain any violation of the Restrictive Covenants. Such relief, relief however, shall be cumulative and non-exclusive and shall be in addition to any other remedy to which the parties may be entitled. In addition, a non-violating party shall also be entitled to actual attorney's fees and costs reasonably incurred in any action in which it is successful in establishing a violation of the Restrictive Covenants.

Equitable Relief for Violations. The parties expressly covenant and agree that if any of them violates, or overtly threatens to violate, the covenants set forth in this Article 13 (the "Restrictive Covenants"), the non-violating party shall be entitled to an accounting and repayment of all profits, compensation, commissions, remuneration, or benefits which the violating party, directly or indirectly, realized and/or may realize as the result of, arising out of, or in connection with any such violation or threatened violation. The parties acknowledge further that an irreparable injury may result to the non-violating party and its business Business in the event of a breach by the violating party of the Restrictive Covenants. The parties also acknowledge and agree that the damages or injuries which that a non-violating party sustains as a result of a breach by a violating party of the Restrictive Covenants are difficult to ascertain and money damages alone may not be an adequate remedy to a non-violating party. The parties therefore expressly agree that if a controversy arises concerning the rights or obligations of a party under the Restrictive Covenants, such rights or obligations shall be enforceable in by a court of equity by decree of specific performance and a non-violating party shall also be entitled to any injunctive relief from the court pursuant to ARTICLE XVI necessary to prevent or restrain any violation of the Restrictive Covenants. Such relief shall be granted without the necessity of a showing of irreparable harm and without the posting of a bond or other security. Such relief, however, shall be cumulative and non-exclusive and shall be in addition to any other remedy to which the parties may be entitled. In addition, a non-violating party shall also be entitled to actual attorney's fees and costs reasonably incurred in any action in which it is successful in establishing a violation of the Restrictive Covenantsaccordance with this Agreement.

Equitable Relief for Violations. The parties expressly covenant and agree that if any of them violates, or overtly threatens to violate, the covenants set forth in this Article 13 (the "Restrictive Covenants"), the non-violating party shall be entitled to an accounting and repayment of all profits, compensation, commissions, . remuneration, or benefits which the violating party, . directly or indirectly, realized and/or may realize as the result of, arising out of, or in connection with any such violation or threatened violation. The parties acknowledge further that an irreparable injury may result to the non-violating party and its business in the event of a breach by the violating party of the Restrictive Covenants. The parties also acknowledge and agree that the damages or injuries which a non-violating party sustains as a result of a breach by a violating party of the Restrictive Covenants are difficult to ascertain and money damages alone may not be an adequate remedy to a non-violating party. The parties therefore expressly agree that if a controversy arises concerning the rights or obligations of a party under the Restrictive Covenants, such rights or obligations shall be enforceable in a court of equity by an arbitral decree of specific performance and a non-violating party shall also be entitled to any injunctive relief from the arbitral tribunal pursuant to Section 14.12 necessary to prevent or restrain any violation of the Restrictive Covenants. Such relief, relief however, shall be cumulative and non-exclusive and shall be in addition to any other remedy to which the parties may be entitled. In additionCONFIDENTIAL ROCHESTER, a non-violating party shall also be entitled to actual attorney's fees and costs reasonably incurred in any action in which it is successful in establishing a violation of the Restrictive Covenants.NY