Equitable Relief; Survival. (a) The Employee acknowledges that the restrictions contained in Section 8 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 will result in irreparable injury to the Company. The Employee also acknowledges that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction and Employee further irrevocably submits to the jurisdiction of any Pennsylvania court or Federal court sitting in the Eastern District of Pennsylvania over any suit, action or proceeding arising out of or relating to Section 8 hereof. The Employee hereby waives, to the fullest extent permitted by law, any objection that he may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section 12 hereof.
Appears in 5 contracts
Samples: Employment Agreement (NCO Teleservices, Inc.), Employment Agreement (NCO Teleservices, Inc.), Employment Agreement (NCO Teleservices, Inc.)
Equitable Relief; Survival. (a) The Employee acknowledges Monarch and the Consultant acknowledge that the restrictions contained in Section 8 paragraphs 7, 8, 9, 10 and 11 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 those Paragraphs will result in irreparable injury to the Company. The Employee Monarch and Consultant also acknowledges acknowledge that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction and Employee Consultant and Monarch further irrevocably submits to the jurisdiction of any Pennsylvania Mississippi court or Federal court sitting in the Eastern Southern District of Pennsylvania Mississippi over any suit, action or proceeding arising out of or relating to Section 8 hereofparagraphs 7, 8, 9,10 or 11. The Employee Monarch and the Consultant each hereby waives, to the fullest extent permitted by law, any objection that he or it may now or hereafter have to such jurisdiction or to the venue of any such suit action or proceeding brought in such a court and any claim that such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee Consultant and Monarch by mail under the notice provisions contained in Section 12 paragraph 15 hereof.
Appears in 3 contracts
Samples: Consulting Agreement (Casino Resource Corp), Consulting Agreement (Casino Resource Corp), Consulting Agreement (Casino Resource Corp)
Equitable Relief; Survival. (a) The Employee acknowledges that the restrictions contained in Section paragraphs 7(a), 7(b) and 8 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 those Sections will result in irreparable injury to the Company. The Employee also acknowledges that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction and Employee further irrevocably submits to the jurisdiction of any Pennsylvania California State court or Federal court sitting in the Eastern Northern District of Pennsylvania California over any suit, action or proceeding arising out of or relating to Section 8 hereofparagraph 7 or 8. The Employee hereby waives, to the fullest extent permitted by law, any objection that he may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section paragraph 12 hereof.
Appears in 2 contracts
Samples: Employment Agreement (Aladdin Systems Holdings Inc), Employment Agreement (Aladdin Systems Holdings Inc)
Equitable Relief; Survival. (a) The Employee acknowledges that the restrictions contained in Section 8 paragraphs 9 and 10 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 those paragraph will result in irreparable injury to the Company. The Employee also acknowledges that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an and action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction jurisdictions and Employee further irrevocably submits to the jurisdiction of any Pennsylvania court or of Federal court sitting in the Eastern District of Pennsylvania over any suit, action or proceeding arising out of or relating to Section paragraphs 8 hereofor 9. The Employee hereby waives, to the fullest extent permitted by law, any objection that he may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section 12 paragraph 14 hereof.
Appears in 2 contracts
Samples: Employment Agreement (Nco Group Inc), Employment Agreement (Nco Group Inc)
Equitable Relief; Survival. (a) The Employee acknowledges that the restrictions contained in Section paragraphs 7(a), 7(b) and 8 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 those Sections will result in irreparable injury to the Company. The Employee also acknowledges that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction and Employee further irrevocably submits to the jurisdiction of any Pennsylvania New York State court or Federal court sitting in the Eastern Southern District of Pennsylvania New York over any suit, action or proceeding arising out of or relating to Section 8 hereofparagraph 7 or 8. The Employee hereby waives, to the fullest extent permitted by law, any objection that he may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section paragraph 12 hereof.
Appears in 2 contracts
Samples: Employment Agreement (Icc Technologies Inc), Employment Agreement (Rare Medium Group Inc)
Equitable Relief; Survival. (a) The Employee acknowledges that the restrictions contained in Section Paragraphs 7 and 8 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 these Paragraphs will result in irreparable injury to the Company. The Employee also acknowledges that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an action for temporary and permanent injunctive relief and or any other equitable relief in any court of competent jurisdiction and Employee further irrevocably submits to the jurisdiction of any Pennsylvania court Florida or Federal court sitting in the Eastern Southern District of Pennsylvania Florida over any suit, action or proceeding arising out of or relating to Section 8 hereofParagraph 7 or 8. The Employee hereby waives, to the fullest extent permitted by law, any objection that he may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been was brought in any an inconvenient forum. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section 12 hereofParagraph 16 below. 10.
Appears in 1 contract
Equitable Relief; Survival. (a) The Employee acknowledges that the restrictions contained in Section 8 paragraphs 9 and 10 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 those paragraphs will result in irreparable injury to the Company. The Employee also acknowledges that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an and action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction jurisdictions and Employee further irrevocably submits to the jurisdiction of any Pennsylvania court or of Federal court sitting in the Eastern District of Pennsylvania over any suit, action or proceeding arising out of or relating to Section 8 hereofparagraphs 9 or 10. The Employee hereby waives, to the fullest extent permitted by law, any objection that he may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section 12 paragraph 14 hereof.
Appears in 1 contract
Samples: Employment Agreement (Nco Group Inc)
Equitable Relief; Survival. (a) The Employee Executive acknowledges that the restrictions contained in Section 8 7 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 7 will result in irreparable injury to the Company. The Employee Executive also acknowledges that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction and Employee the Executive further irrevocably submits to the jurisdiction of any Pennsylvania court or Federal court sitting in the Eastern District of Pennsylvania over any suit, action or proceeding arising out of or relating to Section 8 7 hereof. The Employee Executive hereby waives, to the fullest extent permitted by law, any objection that he may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee Executive by mail under the notice provisions contained in Section 12 11 hereof.
Appears in 1 contract
Equitable Relief; Survival. (a) The Employee acknowledges You acknowledge that the restrictions contained in Section 8 paragraph 1 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 such paragraph will result in irreparable injury to the Company. The Employee You also acknowledges acknowledge that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event The existence of any such violation, claim or cause of action which you and/or any other person or entity have against the Company or any other individual or entity shall be entitled not constitute a defense or bar to commence an action for temporary and permanent injunctive relief and other equitable relief the enforcement of the covenants set forth in any court of competent jurisdiction and Employee paragraph 1. You further irrevocably submits submit to the jurisdiction of any Pennsylvania court or Federal court sitting in the Eastern District of Pennsylvania Pennsylvania, or any other court of competent jurisdiction selected by the Company, over any suit, action or proceeding arising out of or relating to Section 8 hereofthis Agreement. The Employee You hereby waiveswaive, to the fullest extent permitted by law, any objection that he you may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section 12 hereof.
Appears in 1 contract
Samples: Grant Agreement (Nco Group Inc)
Equitable Relief; Survival. (a) The Employee Executive acknowledges that the restrictions contained in Section paragraphs 7(a), 7(b) and 8 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 those Sections will result in irreparable injury to the Company. The Employee Executive also acknowledges that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction and Employee Executive further irrevocably submits to the jurisdiction of any Pennsylvania New York State court or Federal court sitting in the Eastern District of Pennsylvania over any suit, action or proceeding arising out of or relating to Section 8 hereofparagraph 7 or 8. The Employee Executive hereby waives, to the fullest extent permitted by law, any objection that he may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee Executive by mail under the notice provisions contained in Section paragraph 12 hereof.
Appears in 1 contract
Equitable Relief; Survival. (a) The Employee acknowledges that the restrictions contained in Section 8 paragraphs 9 and 10 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 those paragraphs will result in irreparable injury to the Company. The Employee also acknowledges that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of after proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction jurisdictions and Employee further irrevocably submits to the jurisdiction of any Pennsylvania court or of Federal court sitting in the Eastern District of Pennsylvania over any suit, action or proceeding arising out of or relating to Section 8 hereofparagraphs 9 or 10. The Employee hereby waives, to the fullest extent permitted by law, any objection that he may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section 12 paragraph 14 hereof.
Appears in 1 contract
Samples: Employment Agreement (Nco Group Inc)
Equitable Relief; Survival. (a) The Employee Executive acknowledges that the restrictions contained in Section 8 paragraphs 9 and 10 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 those paragraph will result in irreparable injury to the Company. The Employee Executive also acknowledges that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an and action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction jurisdictions and Employee Executive further irrevocably submits to the jurisdiction of any Pennsylvania court or of Federal court sitting in the Eastern District of Pennsylvania over any suit, action or proceeding arising out of or relating to Section 8 hereofparagraphs 9 or 10. The Employee Executive hereby waives, to the fullest extent permitted by law, any objection that he may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee Executive by mail under the notice provisions contained in Section 12 paragraph 14 hereof.
Appears in 1 contract
Samples: Employment Agreement (Nco Group Inc)
Equitable Relief; Survival. (a) The Employee acknowledges that the restrictions contained in Section 8 paragraphs 9 and 10 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 those paragraph will result in irreparable injury to the Company. The Employee also acknowledges that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of after proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction jurisdictions and Employee further irrevocably submits to the jurisdiction of any Pennsylvania court or of Federal court sitting in the Eastern District of Pennsylvania over any suit, action or proceeding arising out of or relating to Section 8 hereofparagraphs 9 or 10. The Employee hereby waives, to the fullest extent permitted by law, any objection that he may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section 12 paragraph 14 hereof.
Appears in 1 contract
Samples: Employment Agreement (Nco Group Inc)
Equitable Relief; Survival. (a) The Employee acknowledges that the restrictions contained in Section paragraphs 7(a), 7(b) and 8 hereof are, in view of the nature of the business of the Company, reasonable and necessary to protect the legitimate interests of the Company, and that any violation of any provisions of Section 8 those Sections will result in irreparable injury to the Company. The Employee also acknowledges that the Company shall be entitled to temporary and permanent injunctive relief, without the necessity of proving actual damages, and to an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company is or may be entitled. In the event of any such violation, the Company shall be entitled to commence an action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction and Employee further irrevocably submits to the jurisdiction of any Pennsylvania New York State court or Federal court sitting in the Eastern Southern District of Pennsylvania New York over any suit, action or proceeding arising out of or relating to Section 8 hereofparagraph 7 or 8. The Employee hereby waives, to the fullest extent permitted by law, any objection that he may now or hereafter have to such jurisdiction or to the venue of any such suit, action or proceeding brought in such a court and any claim that such suit, action or proceeding has been brought in any inconvenient forum. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section 12 hereof.
Appears in 1 contract