Common use of Injunctions and Enforcement of Arbitration Awards Clause in Contracts

Injunctions and Enforcement of Arbitration Awards. You or the Company may bring an action or special proceeding in a state or federal court of competent jurisdiction sitting in the County of New York to enforce any arbitration award under Section 11(b). Also, the Company may bring such an action or proceeding, in addition to its rights under Section 11(b) and whether or not an arbitration proceeding has been or is ever initiated, to temporarily, preliminarily or permanently enforce any part of Sections 7 and 8. You agree that (1) your violating any part of Sections 7 and 8 would cause damage to the Company that cannot be measured or repaired, (2) the Company therefore is entitled to an injunction, restraining order or other equitable relief restraining any actual or threatened violation of those Sections, (3) no bond will need to be posted for the Company to receive such an injunction, order or other relief, and (4) no proof will be required that monetary damages for violations of those Sections would be difficult to calculate and that remedies at law would be inadequate.

Appears in 4 contracts

Samples: Separation and Release Agreement (Alco Stores Inc), Separation and Release Agreement (Duckwall Alco Stores Inc), Separation and Release Agreement (Duckwall Alco Stores Inc)

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Injunctions and Enforcement of Arbitration Awards. You or the Company Group may bring an action or special proceeding in a state or federal court of competent jurisdiction sitting in the County of New York to enforce any arbitration award under Section 11(b12(b). Also, the Company Group may bring such an action or proceeding, in addition to its rights under Section 11(b12(b) and whether or not an arbitration proceeding has been or is ever initiated, to temporarily, preliminarily or permanently enforce any part of Sections 7 and 8. You agree that (1) your violating any part of Sections 7 and 8 would cause damage to the Company Group that cannot be measured or repaired, (2) the Company Group therefore is entitled to an injunction, restraining order or other equitable relief restraining any actual or threatened violation of those Sections, (3) no bond will need to be posted for the Company Group to receive such an injunction, order or other relief, and (4) no proof will be required that monetary damages for violations of those Sections would be difficult to calculate and that remedies at law would be inadequateinadequate and (5) the General Counsel of the Company is irrevocably appointed as your agent for service of process in connection with any such action or proceeding (the General Counsel will promptly advise you of any such service of process).

Appears in 4 contracts

Samples: Employment Agreement (Ca, Inc.), Employment Agreement (Ca, Inc.), Employment Agreement (Computer Associates International Inc)

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Injunctions and Enforcement of Arbitration Awards. You or the Company Group may bring an action or special proceeding in a state or federal court of competent jurisdiction sitting in the County of New York to enforce any arbitration award under Section 11(b14(a). Also, the Company Group may bring such an action or proceeding, in addition to its rights under Section 11(b14(a) and whether or not an arbitration proceeding has been or is ever initiated, to temporarily, preliminarily or permanently enforce any part of Sections 7 and 8. You agree that (1) your violating any part of Sections 7 and 8 would cause damage to the Company Group that cannot be measured or repaired, (2) the Company Group therefore is entitled to an injunction, restraining order or other equitable relief restraining any actual or threatened violation of those Sections, (3) no bond will need to be posted for the Company Group to receive such an injunction, order or other relief, and (4) no proof will be required that monetary damages for violations of those Sections would be difficult to calculate and that remedies at law would be inadequate.

Appears in 4 contracts

Samples: Letter Agreement, Letter Agreement (KCG Holdings, Inc.), Letter Agreement (KCG Holdings, Inc.)

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