Common use of Equitable Relief; Survival Clause in Contracts

Equitable Relief; Survival. (a) The Employee acknowledges that the restrictions contained in paragraphs 11 and 12 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 such 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 may be entitled. In the event of any such violation, the Company shall be entitled to commence and action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section 16 hereof.

Appears in 7 contracts

Samples: Employment Agreement (Nco Group Inc), Employment Agreement (Nco Portfolio Management Inc), Employment Agreement (Nco Group Inc)

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Equitable Relief; Survival. (a) The Employee acknowledges that the restrictions contained in paragraphs 11 9 and 12 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 such 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 may be entitled. In the event of any such violation, the Company shall be entitled to commence and action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section 16 paragraph 15 hereof.

Appears in 2 contracts

Samples: Employment Agreement (Nco Group Inc), Employment Agreement (Nco Group Inc)

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Equitable Relief; Survival. (a) The Employee acknowledges that the restrictions contained in paragraphs 11 9 and 12 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 such 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 may be entitled. In the event of any such violation, the Company shall be entitled to commence and action for temporary and permanent injunctive relief and other equitable relief in any court of competent jurisdiction. Effective service of process may be made upon the Employee by mail under the notice provisions contained in Section 16 paragraph 15 hereof.

Appears in 1 contract

Samples: Employment Agreement (Nco Group Inc)

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