Injunctive and Other Equitable Relief. (a) The Employee consents and agrees that if he violates any of the provisions of Section 1 hereof, the Company shall be entitled, in addition to any other remedies it may have at law, to the remedies of injunction, specific performance and other equitable relief for a breach by the Employee of Section 1 of this Agreement. This Section 2(a) shall not, however, be construed as a waiver of any of the rights which the Company may have for damages or otherwise.
(b) Any waiver by the Company of a breach of any provision of Section 1 hereof shall not operate or be construed as a waiver of any subsequent breach of such provision or any other provision hereof.
(c) The Employee agrees that each provision of Section 1 shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of the other clauses herein. Moreover, if one or more of the provisions contained in Section 1 shall for any reason be held to be excessively broad as to scope, activity or subject so as to be unenforceable at law, such provision or provisions shall be construed by the appropriate judicial body by limiting and reducing it or them so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear.
(d) If the Company shall prevail in any action, suit or other proceeding (whether at law, in equity or otherwise) instituted concerning or arising out of this Agreement, it shall recover, in addition to any other remedy granted to it therein, all its costs and reasonable attorneys’ fees incurred in connection with the prosecution or defense of such action, suit or other proceeding.
Injunctive and Other Equitable Relief. The parties agree that the remedy at law for any breach or threatened breach by a party may, by its nature, be inadequate, and that the other parties will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or proving that any monetary damage has been sustained.
Injunctive and Other Equitable Relief. Consultant acknowledges that his breach of any provision of this Section 7 will cause the Company great and irreparable harm, for which it will have no adequate remedy at law, and that, in addition to all other rights and remedies the Company may have, the Company shall be entitled to injunctive and other equitable relief to prevent a breach or continued breach of the provisions of this Section 7.
Injunctive and Other Equitable Relief. Declarant and each Owner agree that in the event of Declarant’s or Owner’s default under or non-compliance with the terms of this Restriction, SCHA or the Town shall have the right to seek such equitable relief as it may deem necessary or proper, including, without limitation, the right to: (a) seek specific performance of this Restriction; (b) obtain a judgment from any court of competent jurisdiction granting a temporary restraining order, preliminary injunction and/or permanent injunction; and (c) set aside or rescind any sale of the Property made in violation of this Restriction. Any equitable relief provided for in this Section 10.2 may be sought singly or in combination with such legal remedies as SCHA or the Town may be entitled to, either pursuant to this Restriction, under the laws of the State of Colorado or otherwise.
Injunctive and Other Equitable Relief. If I violate any of the covenants of Section Five of this Agreement, the Company shall be entitled to obtain injunctive and other equitable relief from the NASD or any court of competent jurisdiction to prevent any further breach of such Agreement and to prevent me from being unjustly enriched by the violation. Equitable relief may include an order requiring that I disgorge any profit that I have made or will make as the result of the violation, including any Commissions, Overrides (if applicable), Service Fees, advisory fees, wrap fees or other fees that I have earned or will earn, as a result of the violation.
Injunctive and Other Equitable Relief. The Parties each acknowledge that breach or threatened breach of Sections 5 or 6, could cause irreparable harm, the amount of which may be extremely difficult to estimate, thus making any remedy at law or in damages inadequate. Therefore, each Party has the right to seek injunctive or other equitable relief for any such breach or threatened breach of this Agreement, without any obligation to post a bond or other security.
Injunctive and Other Equitable Relief. You agree that the remedy at law for any breach or threatened breach of this Agreement by you would, by its nature, be inadequate, and that in that event OSB shall be entitled, in addition to damages, to a restraining order, temporary or permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained.
Injunctive and Other Equitable Relief. Each party acknowledges that, in the event of a breach or threatened breach of any of Sections 7, 8, 9, 10, 11, and 12 by such party, the other party would sustain irreparable injury and damage. Therefore, in addition to any other remedies which a party may have under this Agreement or otherwise, each party shall be entitled to the remedies of injunction, specific performance and other equitable relief for a breach or threatened breach by the other party of any of Sections 7, 8, 9, 10, 11, and 12. This Section 13 shall not, however, be construed as a waiver of any of the rights which either party may have for damages or otherwise.
Injunctive and Other Equitable Relief. Library agrees that the remedy at law for any breach or threatened breach of this Agreement by Library would, by its nature, be inadequate, and that in that event OSB shall be entitled, in addition to damages, to a restraining order, temporary or permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained.
Injunctive and Other Equitable Relief. Each party acknowledges that the restrictions and protections in this Agreement relating to the protection of Licensed Software, Documentation, Client Software, Customer Data and confidential information are reasonable and necessary to protect the other Party's legitimate business and intellectual property interests. Each party acknowledges that any breach of any such restrictions will result in irreparable injury to the other Party for which money damages could not adequately compensate. If there is a breach, then the injured party shall be entitled, in addition to all other rights and remedies which it may have at law or in equity, to have a decree of specific performance and preliminary and permanent injunctions issued by any court of competent jurisdiction, requiring the breach to be cured and enjoining all persons involved from continuing the breach. The existence of any claim or cause of action that a Party or any other person may have against the other Party shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 8.9.
