INJUNCTION AND DAMAGES Sample Clauses

INJUNCTION AND DAMAGES. Second Party agrees that this Agreement is important, material, confidential, and gravely effects the effective and successful conduct of the business of the Company, and it effects its reputation and good will and is necessary to protect the Company's Legitimate Business Interests. Second Party recognizes and agrees that the Company will suffer irreparable injury in the event of Second Party's breach of any covenant or agreement contained herein and cannot be compensated by monetary damages alone, and Second Party therefore agrees that the Company, in addition to and without limiting any other remedies or rights that it may have, either under this Agreement or otherwise, shall have the right to obtain injunctive relief, both temporary and permanent, against the Second Party from any court of competent jurisdiction. Second Party further agrees that in the event of Second Party's breach of any covenant or agreement contained herein, the Company, in addition to its right to obtain injunctive relief, shall further be entitled to seek damages, including, but not limited to, compensatory, incidental, consequential, exemplary, and lost profits damages. Second Party agrees to pay the Company's reasonable attorney's fees and costs for enforcement of this Agreement, if the Second Party breaches this Agreement.
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INJUNCTION AND DAMAGES. Second Party agrees that this Agreement is important, material and gravely affects the effective and successful conduct of the business of the Company, and it also affects the Company's reputation and goodwill, and is necessary to protect the Company's
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INJUNCTION AND DAMAGES. You hereby recognize that the Software is a valuable asset of MHI and that any remedy contemplating, inter alia, the award of monetary damages in the event of a violation or impending violation of any of the terms and conditions of this Agreement, shall be difficult to quantify and inadequate. As a result, MHI shall, in addition to any other relief available to it (including, without limitation, monetary damages), be entitled to the remedy of injunction and other equitable remedies, without having to establish the inadequacy of any other remedy available to it. You hereby undertake not to make any defence in proceedings regarding the granting of an injunction or specific performance which refer to the availability to MHI of other remedies.
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INJUNCTION AND DAMAGES. Consultant acknowledges and agrees that a ---------------------- material breach by him of the covenants contained in Section 5 hereof will --------- result in harm and continuing damage to the Company, its successors or assigns, for which there is no adequate remedy at law and, in the event of a material breach of such covenants by the Consultant, the Company shall be entitled to injunctive relief as well as other and further relief, including damages, as may be proper, without the necessity of showing actual damage. If a judicial determination is made that any of the provisions of Section 5 constitute an --------- unreasonable and unenforceable restriction against Consultant, the parties agree that the court making such determination shall have the authority to reform the terms of Section 5 to the extent necessary to make the restrictions contained in --------- those paragraphs reasonable and enforceable. Consultant acknowledges that a material breach of such covenants will result in substantial detriment and damage to the Company for which the Consultant agrees that the Company shall be entitled to have and recover any and all actual damages, expenses, and costs resulting from said breach.
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INJUNCTION AND DAMAGES. Second Party agrees that this Agreement is important, material and gravely affects the effective and successful conduct of the business of the Company, and it also affects the Company's reputation and goodwill, and is necessary to protect the Company's Legitimate Business Interests. The Second Party further recognizes and agrees that the Company will suffer irreparable injury in the event of Second Party's breach of any covenant or agreement contained in this Agreement and cannot be compensated by monetary damages alone. Accordingly, the Second Party agrees that, in addition to and without limiting any other remedies or rights that the Company may have, the Company shall have the right to obtain injunctive relief, both temporary and permanent, against the Second Party from any court of competent jurisdiction. In addition to said injunctive relief, the Company shall also be entitled to seek damages, including, but not limited to, compensatory, incidental, consequential, exemplary, and lost profits damages. Second Party agrees to pay the Company's reasonable attorney's fees and costs for enforcement of this Agreement, if the Second Party breaches this Agreement.
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INJUNCTION AND DAMAGES. We and you each acknowledge that any breach or imminent breach by a party of paragraphs 12, 13 or 15 of this Agreement may cause irreparable injury and harm to the other party, and that remedies at law for the breach or imminent breach may be inadequate. Accordingly, notwithstanding the terms of any other section of this Agreement to the contrary, and in addition to any such other relief, in the event of a breach of such paragraphs by a party, the other party shall be entitled to seek specific performance, temporary and permanent injunctive relief and such other relief to which the other party may be entitled at law or in equity without the necessity of posting bond or proving actual damage. A party shall be entitled to recover all reasonable costs and attorneys' fees incurred by it in the event it is successful in obtaining any such relief. In the event that a party is unsuccessful in obtaining any relief under this section, then it shall reimburse the other party for such party's reasonable costs and attorneys' fees incurred in defense of such action.
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INJUNCTION AND DAMAGES. Employee acknowledges that, based on his unique skills, position and knowledge relating to the Company, the breach or threatened breach by Employee of the provisions of Section 2 will cause irreparable harm to the Company, which harm cannot be fully redressed by the payment of damages to the Company. Therefore, Employee acknowledges that upon any such breach or threatened breach, the Company will be entitled to obtain injunctive relief (including interlocutory injunctive relief) to prevent such breach or threatened breach. The foregoing is in addition and without any prejudice to any other remedy that the Company may have at law or in equity, including the right to seek damages, including, by way of example and not in limitation, compensatory, incidental, consequential, exemplary, and lost profits damages. Employee agrees to pay the Company's reasonable attorney's fees and costs for enforcement of this Agreement, if the Employee breaches this Agreement.
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INJUNCTION AND DAMAGES. The NHUTSA provides that courts may enjoin “actual or threatened misappropriation” of trade secrets. RSA 350-B:2, I. • The NHUTSA also states a party enjoined from misappropriating a trade secret may petition the court to terminate the injunction if the trade secret has ceased to exist. Id. • However courts may further limit the duration of an injunction in appropriate circumstances, as “the duration of an injunction is designed to preclude defendant's wrongful activities for a period of time reasonably necessary to protect plaintiff's interests; [and] the period of time that would be required for independent development [of the trade secret information] is the most commonly employed standard.” Vention Medical Advanced Components, Inc. x. Xxxxxx, 171 N.H. 13, 32-33 (2018) (citing 4 Xxxxx X. Xxxxxxx & Xxxx X. Xxxxxx, Xxxxxxx on Trade Secrets § 15.02[1][d], at 15-248 to 15-248.1 (2017)). • In addition to an injunction, the NHUTSA allows for “damages for misappropriation,” including the “actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss.” RSA 350-B:3. • If the misappropriation is “willful and malicious” the trial court may additional award “exemplary damages” up to twice the amount of the actual damage award. RSA 350-B:3, II. • Statutory attorney’s fees are also appropriate where “willful and malicious misappropriation exists” or “a claim of misappropriation [or motion terminate an injunction] is made in bad faith.” RSA 350-B:4.
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Related to INJUNCTION AND DAMAGES

  • REMEDIES AND DAMAGES Section 17.1 (A) If there shall occur any Event of Default, and this Lease and the Term shall expire and come to an end as provided in Article 16 hereof:

  • Injunctive Relief and Additional Remedy The Executive acknowledges that the injury that would be suffered by the Employer as a result of a breach of the provisions of this Agreement (including any provision of Sections 7 and 8) would be irreparable and that an award of monetary damages to the Employer for such a breach would be an inadequate remedy. Consequently, the Employer will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and the Employer will not be obligated to post bond or other security in seeking such relief. Without limiting the Employer's rights under this Section 9 or any other remedies of the Employer, if the Executive breaches any of the provisions of Section 7 or 8, the Employer will have the right to cease making any payments otherwise due to the Executive under this Agreement.

  • Remedies and Injunctive Relief Executive acknowledges that a violation by Executive of any of the covenants contained in Sections 6, 7, 8, or 9 would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, Executive agrees that, notwithstanding any provision of this Agreement to the contrary, the Company shall be entitled (without the necessity of showing economic loss or other actual damage) to injunctive relief (including temporary restraining orders, preliminary injunctions, and permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the covenants set forth in Sections 6, 7, 8, or 9 in addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under this Agreement or otherwise, and all of the Company’s rights shall be unrestricted.

  • Injunctive Relief The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

  • Injunctive Relief with Respect to Covenants Executive acknowledges and agrees that the covenants and obligations of Executive with respect to noncompetition, nonsolicitation, confidentiality and Company property relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants and obligations may cause the Company irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that the Company shall be entitled to obtain an injunction, restraining order or such other equitable relief restraining Executive from committing any violation of the covenants and obligations contained in this Section 9. These injunctive remedies are cumulative and are in addition to any other rights and remedies the Company may have at law or in equity.

  • No Injunctions or Restraints No Law, injunction, judgment or ruling enacted, promulgated, issued, entered, amended or enforced by any Governmental Authority (collectively, “Restraints”) shall be in effect enjoining, restraining, preventing or prohibiting consummation of the transactions contemplated by this Agreement or making the consummation of the transactions contemplated by this Agreement illegal.

  • Attorneys’ Fees; Specific Performance Purchaser shall reimburse the Company for all costs incurred by the Company in enforcing the performance of, or protecting its rights under, any part of this Agreement, including reasonable costs of investigation and attorneys’ fees.

  • REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF The remedies provided in this Warrant shall be cumulative and in addition to all other remedies available under this Warrant and the other Transaction Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the right of the Holder to pursue actual damages for any failure by the Company to comply with the terms of this Warrant. The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the holder of this Warrant shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required.

  • Specific Performance and Injunctive Relief Notwithstanding the availability of legal remedies, Mortgagee will be entitled to obtain specific performance, mandatory or prohibitory injunctive relief, or other equitable relief requiring Mortgagor to cure or refrain from repeating any Default.

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