EQUITABLE REMEDIES; SURVIVAL. You and the Company agree that upon a breach or violation of any provision of this Section 4, the Company, in addition to all other remedies which might be available to it, shall be entitled as a matter of right to equitable relief in any court of competent jurisdiction, including the right to obtain injunctive relief or specific performance. You and the Company agree that the remedies at law for any such breach or violation are not fully adequate and that the injuries to the Company as a result of the continuation of any breach or violation are incapable of full calculation in monetary terms and, therefore, constitute irreparable harm. The provisions of this Section 4 shall survive termination of this Agreement.
Appears in 7 contracts
Samples: Employment Agreement (Breakaway Solutions Inc), Employment Agreement (Breakaway Solutions Inc), Breakaway Solutions Inc
EQUITABLE REMEDIES; SURVIVAL. You and the Company also agree that that, upon a breach or violation of any agreement executed by you referred to in this Section 6, or any provision of this Section 46, the Company, in addition to all other remedies which might be available to it, shall be entitled as a matter of right to equitable relief in any court of competent jurisdiction, including the right to obtain injunctive relief or specific performance. You and the Company agree that the remedies at law for any such breach or violation are not fully adequate and that the injuries to the Company as a result of the continuation of any breach or violation are incapable of full calculation in monetary terms and, therefore, constitute irreparable harm. The provisions of this Section 4 6 shall survive termination of this Agreement.
Appears in 1 contract
Samples: Egenera, Inc.