Common use of Executive Acknowledgment/Injunctive Relief Clause in Contracts

Executive Acknowledgment/Injunctive Relief. Executive acknowledges and agrees that the covenants set forth in Part Three hereof are reasonable and necessary for the protection of Capital Trust's business interests, that such covenants will not result in undue economic hardship to Executive, that irreparable injury will result to Capital Trust if Executive breaches any of the terms of said covenants, and that in the event of Executive's actual or threatened breach of any such covenants, Capital Trust will have no adequate remedy at law. Executive accordingly agrees that in the event of any actual or threatened breach by him of any of said covenants, Capital Trust shall be entitled to immediate injunctive and other equitable relief, without bond and without the necessity of showing any actual monetary damages. If, in any action by Capital Trust against the Executive to enforce the provisions of this Part Three, there shall be a final judicial finding that the Executive has committed a material breach of this Part Three, the Executive shall reimburse Capital Trust for its reasonable costs and expenses in such action (including court costs and reasonable attorney's fees). If, in any action by Capital Trust against the Executive to enforce the provisions of this Part Three, there shall be a final judicial finding that the Executive has not committed a material breach of this Part Three, Capital Trust shall reimburse the Executive for his reasonable costs and expenses in defending such action (including court costs and reasonable attorney's fees). If in any such action there is no judicial finding on the issue of a material breach by the Executive of this Part Three, neither party shall be obligated to reimburse the other for costs and expenses relating to the action. Nothing herein shall be construed as prohibiting Capital Trust from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of any damages which it is able to prove. PART FOUR

Executive Acknowledgment/Injunctive Relief. Executive acknowledges and agrees that the covenants set forth in Part Three hereof are reasonable and necessary for the protection of Capital TrustDavel's business interests, that such covenants will not result in undue economic hardship to Executive, that irreparable injury will result to Capital Trust Davel if Executive breaches any of the terms of said covenants, and that in the event of Executive's actual or threatened breach of any such covenants, Capital Trust Davel will have no adequate remedy at law. Executive accordingly agrees that in the event of any actual or threatened breach by him of any of said covenants, Capital Trust Davel shall be entitled to immediate injunctive and other equitable relief, without bond and without the necessity of showing any actual monetary damages. If, in any action by Capital Trust Davel against the Executive to enforce the provisions of this Part Three, there shall be a final judicial finding that the Executive has committed a material breach of this Part Three, the Executive shall reimburse Capital Trust Davel for its reasonable costs and expenses in such action (including court costs and reasonable attorney's fees). If, in any action by Capital Trust Davel against the Executive to enforce the provisions of this Part Three, there shall be a final judicial finding that the Executive has not committed a material breach of this Part Three, Capital Trust Davel shall reimburse the Executive for his reasonable costs and expenses in defending such action (including court costs and reasonable attorney's fees). If in any such action there is no judicial finding on the issue of a material breach by the Executive of this Part Three, neither party shall be obligated to reimburse the other for costs and expenses relating to the action. Nothing herein shall be construed as prohibiting Capital Trust Davel from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of any damages which it is able to prove. PART FOUR

Executive Acknowledgment/Injunctive Relief. Executive acknowledges and agrees that the covenants set forth in Part Three hereof are reasonable and necessary for the protection of Capital Trust's business interests, that such covenants will not result in undue economic hardship to Executive, that irreparable injury will result to Capital Trust if Executive breaches any of the terms of said covenants, and that in the event of Executive's actual or threatened breach of any such covenants, Capital Trust will have no adequate remedy at law. Executive accordingly agrees that in the event of any actual or threatened breach by him of any of said covenants, Capital Trust shall be entitled to immediate injunctive and other equitable relief, without bond and without the necessity of showing any actual monetary damages. If, in any action by PART FOUR --------- TERMINATION ----------- 4.01 Involuntary Termination other than for Cause or Disability and Voluntary Termination for Good Reason. (a) Either Capital Trust against or Executive may terminate Executive's employment as provided in this Section 4.01 during the Employment Period by delivery to the other party of a written notice (the "Termination Notice") indicating the date Executive's employment is terminated (the "Termination Date"). (b) If (i) Capital Trust terminates Executive's employment other than for Cause or Disability or (ii) if Executive to enforce the provisions of this Part Three, there shall be a final judicial finding that the Executive has committed a material breach of this Part Three, the Executive shall reimburse terminates his employment with Capital Trust for its reasonable costs Good Reason and expenses in such action termination by Executive takes place within ninety (including court costs 90) days of the later of (A) the latest occurrence of events or omissions comprising Good Reason and reasonable attorney's fees). If(B) the discovery by Executive of the grounds for Good Reason, in any action by Capital Trust against and Executive shall have the Executive rights and obligations provided in this Section 4.01. (c) Notwithstanding anything to enforce the provisions of contrary in this Part Three, there shall be a final judicial finding that the Executive has not committed a material breach of this Part ThreeAgreement, Capital Trust shall reimburse pay or provide to Executive only (i) Executive's Base Salary, if any, accrued and unpaid up to the Termination Date, and (ii) upon execution and delivery by Executive for his reasonable costs of the form of Release attached hereto as Exhibit A (the "Release"), and expenses the expiration of the seven day revocation period provided in defending such action the Release without revocation of the Release by Executive, the Severance Payment (including court costs as hereinafter defined) and reasonable attorney's feesthe other benefits and/or compensation referred to in paragraphs (f). If , (g) and (h) of this Section 4.01. (d) Subject to Section 4.01(c)(ii), the Severance Payment shall be payable over a period of time equal to the greater of (A) the remainder of the Employment Period had Executive not been so terminated and (B) one (1) year, in any such action there is no judicial finding either case, beginning on the issue of a material breach by the Executive Termination Date and in regular installments in accordance with Capital Trust's general payroll practices for salaried employees. (e) For purposes of this Part ThreeSection 4.01, neither party "Severance Payment" shall be obligated to reimburse the other for costs and expenses relating mean an aggregate amount equal to the action. Nothing herein shall be construed as prohibiting Capital Trust from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of any damages which it is able to prove. PART FOURsum of:

Executive Acknowledgment/Injunctive Relief. Executive acknowledges and agrees that the covenants set forth in Part Three Four hereof are reasonable and necessary for the protection of Capital Trust's business interests, that such covenants will not result in undue economic hardship to Executive, that irreparable injury will result to Capital Trust if Executive breaches any of the terms of said covenants, and that in the event of Executive's actual or threatened breach of any such covenants, Capital Trust will have no adequate remedy at law. Executive accordingly agrees that in the event of any actual or threatened breach by him of any of said covenants, Capital Trust shall be entitled to immediate injunctive and other equitable relief, without bond and without the necessity of showing showing, any actual monetary damages. If, in any action by Capital Trust against the Executive to enforce the provisions of this Part ThreeFour, there shall be a final judicial finding that the Executive has committed a material breach of this Part ThreeFour, the Executive shall reimburse Capital Trust for its reasonable costs and expenses in such action (including court costs and reasonable attorney's fees). If, in any action by Capital Trust against the Executive to enforce the provisions of this Part ThreeFour, there shall be a final judicial finding that the Executive has not committed a material breach of this Part ThreeFour, Capital Trust shall reimburse the Executive for his reasonable costs and expenses in defending such action (including court costs and reasonable attorney's fees). If in any such action there is no judicial finding on the issue of a material breach by the Executive of this Part ThreeFour, neither party shall be obligated to reimburse the other for costs and expenses relating to the action. Nothing herein shall be construed as prohibiting Capital Trust from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of any damages which it is able to prove. PART FOUR.