Common use of Extraordinary Relief Clause in Contracts

Extraordinary Relief. The Executive acknowledges and understands that the provisions of Sections 12, 13, 14 and 17 of this Agreement are of a special and unique nature that are reasonably necessary to protect the legitimate business interests of the Company and the Group, the breach of which would cause the Company and/or the Group irreparable injury, and which cannot adequately be compensated for in damages by an action at law. The Executive further acknowledges that the restrictions set forth in Section 13 will not prevent the Executive form earning a livelihood during the Restricted Period. In the event of a breach or threatened breach by the Executive of any provision of such Sections, the Company or the Group may seek an injunction restraining the Executive from such actual or threatened breach, and shall not be required to post a bond or to prove that irreparable injury would result from the alleged breach of the aforesaid Sections. Nothing contained herein shall be construed as prohibiting the Company or the Group from pursuing any other remedies (including, without limitation, an action for damages) available for any actual or threatened breach of this Agreement, and the pursuit of any injunction or any other remedy shall not be deemed an exclusive election of such remedy. Further, in addition to any other rights or remedies available to the Company or the Group, in the event that the Company makes a good faith determination that the Executive breached his obligations under Sections 12, 13, 14 or 17, any outstanding obligations of the Company hereunder shall immediately terminate. The Executive shall reimburse the Company for all reasonable costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in connection with the enforcement of Sections 12, 13, 14 and 17 if it is determined that the Company and/or the Group was entitled to such relief. The restrictions and limitations herein regarding non-disclosure, non-solicitation, non-disparagement and inventions are in addition to, and not in derogation of, applicable law with respect to non-disclosure, non-solicitation, non-competition and inventions in general. All time periods in this Agreement shall be computed by excluding from such computation any time during which the Executive is in violation of any provision of this Agreement and any time during which there is pending in any court of competent jurisdiction or arbitration forum any action (including any appeal from any final judgment) brought by any person, whether or not a party to this Agreement, in which action the Company or the Group seeks to enforce the agreements and covenants in this Agreement or in which any person contests the validity of such agreements and covenants or their enforceability or seeks to avoid their performance or enforcement which is determined adversely against the Executive or such other party.

Extraordinary Relief. The Executive acknowledges and understands that the provisions of Sections 12, 13, 14 and 17 of this Agreement are of a special and unique nature that are reasonably necessary to protect the legitimate business interests of the Company and the Group, the breach of which would cause the Company and/or the Group irreparable injury, and which cannot adequately be compensated for in damages by an action at law. The Executive further acknowledges that the restrictions set forth in Section 13 will not prevent the Executive form earning a livelihood during the Restricted Period. In the event of a breach or threatened breach by the Executive of any provision of such Sections, the Company or the Group may seek an injunction restraining the Executive from such actual or threatened breach, and shall not be required to post a bond or to prove that irreparable injury would result from the alleged breach of the aforesaid Sections. Nothing contained herein shall be construed as prohibiting the Company or the Group from pursuing any other remedies (including, without limitation, an action for damages) available for any actual or threatened breach of this Agreement, and the pursuit of any injunction or any other remedy shall not be deemed an exclusive election of such remedy. Further, in addition to any other rights or remedies available to the Company or the Group, in the event that the Company makes a good faith determination that the Executive breached his obligations under Sections 12, 13, 14 or 17, any outstanding obligations of the Company hereunder shall immediately terminate. The Executive shall reimburse the Company for all reasonable costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in connection with the enforcement of Sections 12, 13, 14 and 17 if it is determined that the Company and/or the Group was entitled to such relief. The restrictions and limitations herein regarding non-disclosure, non-solicitation, non-disparagement and inventions are in addition to, and not in derogation of, applicable law with respect to non-disclosure, non-solicitation, non-competition and inventions in general. All time periods in this Agreement shall be computed by excluding from such computation any time during which the Executive is in violation of any provision of this Agreement and any time during which there is pending in any court of competent jurisdiction or arbitration forum any action (including any appeal from any final judgment) brought by any person, whether or not a party to this Agreement, in which action the Company or the Group seeks to enforce the agreements and covenants in this Agreement or in which any person contests the validity of such agreements and covenants or their enforceability or seeks to avoid their performance or enforcement which is determined adversely against the Executive or such other party.

Extraordinary Relief. The Executive acknowledges and understands that the provisions of Sections 12, 13, 14 and 17 of this Agreement are of a special and unique nature that are reasonably necessary to protect the legitimate business interests of the Company and the Group, the breach of which would cause the Company and/or the Group irreparable injury, and which cannot adequately be compensated for in damages by an action at law. The Executive further acknowledges that the restrictions set forth in Section 13 will not prevent the Executive form earning a livelihood during the Restricted Period. In the event of a breach or threatened breach by the Executive of any provision of such Sections, the Company or the Group may seek an injunction restraining the Executive from such actual or threatened breach, and shall not be required to post a bond or to prove that irreparable injury would result from the alleged breach of the aforesaid Sections. Nothing contained herein shall be construed as prohibiting the Company or the Group from pursuing any other remedies (including, without limitation, an action for damages) available for any actual or threatened breach of this Agreement, and the pursuit of any injunction or any other remedy shall not be deemed an exclusive election of such remedy. Further, in addition to any other rights or remedies available to the Company or the Group, in the event that the Company makes a good faith determination that the Executive breached his obligations under Sections 12, 13, 14 or 17, any outstanding obligations of the Company hereunder shall immediately terminate. The Executive prevailing party shall reimburse the Company other for all reasonable costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in connection with the enforcement of Sections 12, 13, 14 and 17 if it is determined that the Company and/or the Group prevailing party was entitled to such relief. The restrictions and limitations herein regarding non-disclosure, non-solicitation, non-disparagement and inventions are in addition to, and not in derogation of, applicable law with respect to non-disclosure, non-solicitation, non-competition and inventions in general. All time periods in this Agreement shall be computed by excluding from such computation any time during which the Executive is in violation of any provision of this Agreement and any time during which there is pending in any court of competent jurisdiction or arbitration forum any action (including any appeal from any final judgment) brought by any person, whether or not a party to this Agreement, in which action the Company or the Group seeks to enforce the agreements and covenants in this Agreement or in which any person contests the validity of such agreements and covenants or their enforceability or seeks to avoid their performance or enforcement which is determined adversely against the Executive or such other party.