Common use of Injunctive and Other Relief Clause in Contracts

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his obligations hereunder. (b) Notwithstanding the equitable relief available to the Company, Executive, in the event of a breach of his covenants contained in Section 5 herein, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would be considered a continuing violation on a daily basis, for as long as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein in this Agreement are fair and reasonable in light of the consideration paid hereunderunder this Agreement, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein any provision of this Section 4, and accordingly expressly agrees that, in addition to any other remedies which that the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach by Executive of any such of the covenants by Executiveset forth in this Agreement. Nothing contained herein in this Agreement shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his obligations hereunderunder this Agreement. (b) Notwithstanding the equitable relief available to the Company, Executive, in the event of a breach of his covenants contained in this Section 5 herein4, understands and agrees that the uncertainties and delay delays inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreementbreach. If Executive should use or reveal to any other person or entity any confidential informationConfidential Information, such use or revelation would it will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of Confidential Information used by Executive or any such other person or entity. (c) If Executive agrees that the territorial and time limitations set forth in this Section 4 are reasonable and properly required for the adequate protection of the business of the Company and that in the event that any provision of Section 5 herein such territorial or time limitation is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to unreasonable by a duration or scope court of competent jurisdiction, then Executive agrees and submits to the extent necessary reduction of either such territorial or time limitation to render such provision valid and enforceable. In an area or period as such event, Executive court shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceabledeem reasonable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (ai) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (bii) Notwithstanding the equitable relief available to the Company, Executive, in the event of a breach of his covenants contained in Section 5 herein19 hereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable up to cover all actual and consequential losses, plus the amount of all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreementbreach. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would be considered a continuing violation on a daily basis, basis for as long as such confidential information is made use of by Executive or any such other person or entityExecutive. (ciii) If any provision of Section 5 herein 19 is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive Employee acknowledges and agrees that the covenants contained herein in this Agreement are fair and reasonable in light of the consideration paid hereunderunder this Agreement, and that damages alone shall not be an adequate remedy for any breach by Executive Employee of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by ExecutiveEmployee. Nothing contained herein in this Agreement shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive Employee of any of his obligations hereunderunder this Agreement. (b) Notwithstanding the equitable relief available to the Company, Executivethe Employee, in the event of a breach of his covenants contained in Section 5 herein5, understands and agrees that the uncertainties and delay delays inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive Employee as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreementbreach. If Executive Employee should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive Employee or any such other person or entity. (c) If Employee agrees that the foregoing territorial and time limitations are reasonable and properly required for the adequate protection of the business of the Company and that in the event that any provision of Section 5 herein such territorial or time limitation is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to unreasonable by a duration or scope court of competent jurisdiction, then Employee agrees and submits to the extent necessary reduction of either said territorial or time limitation to render such provision valid and enforceable. In such event, Executive an area or period as said court shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceabledeem reasonable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (b) Notwithstanding the equitable relief available to the Company, Executive, in the event of a breach of his covenants contained in Section 5 herein7 hereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable up to cover all actual and consequential losses, plus the amount of all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreementbreach. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would be considered a continuing violation on a daily basis, basis for as long as such confidential information is made use of by Executive or any such other person or entityExecutive. (c) If any provision of Section 5 herein 7 is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges and agrees A. You acknowledge that the covenants contained herein in this Agreement are fair and reasonable in light of the consideration paid hereunderunder this Agreement, and that damages alone shall not be an adequate remedy for any breach by Executive you of his covenants contained herein such covenants, and accordingly expressly agrees agree that, in addition to any other remedies which the Company TNL may have, the Company TNL shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executiveyou. Nothing contained herein in this Agreement shall prevent or delay the Company TNL from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive you of any of his your obligations hereunderunder this Agreement. (b) B. Notwithstanding the equitable relief available to the CompanyTNL, Executiveyou, in the event of a breach of his your covenants contained in Section 5 hereinSections 7, understands 8 and agrees 9 of this Agreement, understand that the uncertainties and delay delays inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company TNL until and unless the Company TNL can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company TNL shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive you as a result of said breach and all costs and attorneys’ ' fees incurred by the Company TNL in enforcing this Agreement. If Executive you should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive you or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive Employee acknowledges and agrees that the covenants restrictions contained herein are fair and reasonable in light this Section 4, in view of the consideration paid hereundernature of the business in which the Company is engaged, are reasonable and necessary in order to protect the legitimate interests of the Company, that their enforcement will not impose a hardship on Employee or significantly impair his ability to earn a livelihood, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees violation thereof would result in irreparable injuries to the Company. Employee therefore acknowledges that, in addition to the event of Employee's violation of, or threatened violation of, any other remedies which the Company may haveof these restrictions, the Company shall be entitled to injunctive or other equitable relief in obtain from any court of competent jurisdiction for preliminary and permanent injunctive relief as well as damages, including, subject to Section 4.3(b) hereof, the Company's legal and other costs of enforcing Employee's compliance with these restrictions, and an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any breach other rights or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay remedies to which the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his obligations hereundermay be entitled. (b) Notwithstanding the equitable relief available to the Company, Executive, in In the event that the Company or the Employee incur counsel fees or other costs and expenses in connection with the enforcement of a breach any and all of his covenants contained in its rights under this Agreement, including any arbitration proceeding pursuant to Section 5 herein, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable reliefhereof, the Company substantially prevailing party shall be entitled to monetary damages for any such period of breach until receive reasonable attorneys' fees and costs and expenses in connection with the termination enforcement of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would be considered a continuing violation on a daily basis, for as long as such confidential information is made use of by Executive or any such other person or entityprevailing party's rights. (c) If the Restricted Period or the Restricted Area specified in Paragraph 4.2 above should be adjudged unreasonable in any provision proceeding, then the period of Section 5 herein time shall be reduced by such amount or the area shall be reduced by the elimination of such portion or both such reductions shall be made so that such restrictions may be enforced for such time and in such area as is determined adjudged to be invalid or unenforceable by reason reasonable. If Employee violates any of its duration or scopethe restrictions contained in Paragraph 4.2, such duration or scope, or both, the Restricted Period shall be deemed to be reduced to extended by a duration or scope period equal to the extent necessary length of time from the commencement of any such violation until such time as such violation shall be cured by such Employee to render such provision valid the satisfaction of Company. The Company shall have the right and enforceable. In such event, Executive shall negotiate in good faith remedy to provide require Employee to account for and pay over to the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid all compensation, profits, monies, accruals, increments or unenforceable. (d) The existence other benefits derived or received by Employee as the result of any claim or cause transactions constituting a breach of action that Executive or any other person or entity may have against this Section 4, and Employee shall account for and pay over such amounts to the Company shall not constitute a defense or bar upon the Company's request therefor. The Employee hereby expressly consents to the enforcement jurisdiction of any of court within the Restricted Area to enforce the provisions of this Section 54, and agrees to accept service of process by mail relating to any such proceeding. The Company may supply a copy of Section 4 of this Agreement to any future or prospective employer of Employee or to any person to whom Employee has supplied information if the Company determines that there is a reasonable likelihood that Employee has violated or will violate this Section 4.

Injunctive and Other Relief. (a) Executive Employee acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive Employee of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by ExecutiveEmployee. Nothing contained herein shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive Employee of any of his its obligations hereunder. (b) Notwithstanding the equitable relief available to the Company, Executivethe Employee, in the event of a breach of his covenants contained in Section 5 herein6 hereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive Employee as a result of said breach and all costs and attorneys’ ' fees incurred by the Company in enforcing this Agreement. If Executive Employee should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive Employee or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive Employee acknowledges and agrees that the covenants contained herein in this Agreement are fair and reasonable in light of the consideration paid hereunderunder this Agreement, and that damages alone shall not be an adequate remedy for any breach by Executive Employee of his covenants contained herein any provision of Section 5 and accordingly expressly agrees that, in addition to any other remedies which that the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach by Employee of any such of the covenants by Executiveset forth in this Agreement. Nothing contained herein in this Agreement shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive Employee of any of his obligations hereunderunder this Agreement. (b) Notwithstanding the equitable relief available to the Company, ExecutiveEmployee, in the event of a breach of his covenants contained in Section 5 herein5, understands and agrees that the uncertainties and delay delays inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive Employee as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreementbreach. If Executive Employee should use or reveal to any other person or entity any confidential informationConfidential Information, such use or revelation would it will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of Confidential Information used by Executive Employee or any such other person or entity. (c) If any provision of Employee agrees that the territorial and time limitations set forth in Section 5 herein are reasonable and properly required for the adequate protection of the business of the Company and that in the event that any such territorial or time limitation is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to unreasonable by a duration or scope court of competent jurisdiction, then Employee agrees and submits to the extent necessary reduction of either such territorial or time limitation to render such provision valid and enforceable. In an area or period as such event, Executive court shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceabledeem reasonable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) The Executive acknowledges and agrees that the covenants contained herein restrictions and commitments set forth in Sections 7, 8 and 10 of this Agreement are fair necessary to prevent the improper use and disclosure of Confidential Information and to otherwise protect the legitimate business interests of the Company and any of its Affiliates. The Executive further acknowledges that the restrictions set forth in Sections 7, 8 and 10 of this Agreement are reasonable in light all respects, including, without limitation, duration, territory and scope of activity. The Executive expressly agrees and acknowledges that any breach or threatened breach by the consideration paid hereunderExecutive or any third party of any obligation by the Executive under this Agreement, including, without limitation, any breach or threatened breach of Section 7, 8 or 10 of this Agreement will cause the Company immediate, immeasurable and irreparable harm for which there is no adequate remedy at law, and that damages alone shall not be an adequate remedy for any breach by Executive as a result of his covenants contained herein and accordingly expressly agrees thatthis, in addition to any its other remedies which the Company may haveremedies, the Company shall be entitled to injunctive or other equitable relief in any the issuance by a court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seekingan injunction, in any court of competent jurisdictionrestraining order, specific performance or other equitable remedies relief in favor of itself, without the event necessity of posting a bond, restraining the Executive or any breach third party from committing or intended breach by continuing to commit any such violation. If the Company defers or withholds any payment, benefit or entitlement due to the Executive pursuant to this Agreement or otherwise based on the Executive's violation of any this Agreement and it is subsequently finally determined that the Executive did not commit such breach, the Company shall promptly pay all such unpaid amounts, and shall extend such rights or other entitlements, to the Executive as of his obligations hereunderthe date that it is so determined that the Executive did not commit such breach. (b) Notwithstanding the equitable relief available to the Company, Executive, in the event of a breach of his covenants contained If any restriction set forth in Section 5 herein7, understands and agrees that 8 or 10 of this Agreement is found by any arbitrator or court of competent jurisdiction to be unenforceable because it extends for too long a period of time or over too great a range of activities or in too broad a geographic area, it will be interpreted to extend over the uncertainties and delay inherent in the legal process would result in a continuing breach for some maximum period of time, and therefore, continuing injury range of activities or geographic area as to the Company until and unless the Company can obtain such equitable reliefwhich it may be enforceable. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would be considered a continuing violation on a daily basis, for as long as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein 7, 8 or 10 of this Agreement is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found declared to be invalid or unenforceable. (d) The existence of , in whole or in part, for any claim or cause of action that Executive or any other person or entity may have against reason, such invalidity will not affect the Company shall not constitute a defense or bar to the enforcement of any of the remaining provisions of this such Section 5which will remain in full force and effect.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants his obligations contained herein in this Agreement are fair and reasonable in light of the consideration paid hereunderunder this Agreement, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly those obligations. Accordingly, Executive expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants of those obligations by Executive. Nothing contained herein in this Agreement, including, without limitation, Section 6.1 hereof, shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his obligations hereunderunder this Agreement. (b) Notwithstanding the equitable relief available to the Company, the Executive, in the event of a breach of his covenants obligations contained in Section 5 hereinhereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such appropriate equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies moneys received by Executive as a result of said breach breach, and all costs and attorneys’ ' fees incurred by the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential informationinformation in violation of this Agreement, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company MEDIQ/PRN may have, the Company MEDIQ/PRN shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company MEDIQ/PRN from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (b) Notwithstanding the equitable relief available to MEDIQ/PRN, the Company, Executive, in the event of a breach of his covenants contained in Section 5 hereinhereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company MEDIQ/PRN until and unless the Company MEDIQ/PRN can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company MEDIQ/PRN shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ ' fees incurred by the Company MEDIQ/PRN in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company COMPANY may have, the Company COMPANY shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company COMPANY or COMPANY from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (b) Notwithstanding the equitable relief available to COMPANY, the Company, Executive, in the event of a breach of his covenants contained in Section 5 hereinhereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company COMPANY until and unless the Company COMPANY can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company COMPANY shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ ' fees incurred by the Company COMPANY in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) The Executive acknowledges and agrees that the covenants contained herein restrictions and commitments set forth in Sections 7, 8 and 10 of this Agreement are fair necessary to prevent the improper use and disclosure of Confidential Information and to otherwise protect the legitimate business interests of the Company and any of its Affiliates. The Executive further acknowledges that the restrictions set forth in Sections 7, 8 and 10 of this Agreement are reasonable in light all respects, including, without limitation, duration, territory and scope of activity. The Executive expressly agrees and acknowledges that any breach or threatened breach by the consideration paid hereunderExecutive or any third party of any obligation by the Executive under this Agreement, including, without limitation, any breach or threatened breach of Section 7, 8 or 10 of this Agreement will cause the Company immediate, immeasurable and irreparable harm for which there is no adequate remedy at law, and that damages alone shall not be an adequate remedy for any breach by Executive as a result of his covenants contained herein and accordingly expressly agrees thatthis, in addition to any its other remedies which the Company may haveremedies, the Company shall be entitled to injunctive or other equitable relief in any the issuance by a court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seekingan injunction, in any court of competent jurisdictionrestraining order, specific performance or other equitable remedies relief in favor of itself, without the event necessity of posting a bond, restraining the Executive or any breach third party from committing or intended breach by continuing to commit any such violation. If the Company defers or withholds any payment, benefit or entitlement due to the Executive pursuant to this Agreement or otherwise based on the Executive's violation of any this Agreement and it is subsequently finally determined that the Executive did not commit such breach, the Company shall promptly pay all such unpaid amounts, and shall extend such rights or other entitlements, to the Executive as of his obligations hereunder.the date that it is so determined that the Executive did not commit such (b) Notwithstanding the equitable relief available to the Company, Executive, in the event of a breach of his covenants contained If any restriction set forth in Section 5 herein7, understands and agrees that 8 or 10 of this Agreement is found by any court of competent jurisdiction to be unenforceable because it extends for too long a period of time or over too great a range of activities or in too broad a geographic area, it will be interpreted to extend over the uncertainties and delay inherent in the legal process would result in a continuing breach for some maximum period of time, and therefore, continuing injury range of activities or geographic area as to the Company until and unless the Company can obtain such equitable reliefwhich it may be enforceable. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would be considered a continuing violation on a daily basis, for as long as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein 7, 8 or 10 of this Agreement is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found declared to be invalid or unenforceable. (d) The existence of , in whole or in part, for any claim or cause of action that Executive or any other person or entity may have against reason, such invalidity will not affect the Company shall not constitute a defense or bar to the enforcement of any of the remaining provisions of this such Section 5which will remain in full force and effect.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, hereunder and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (b) Notwithstanding the equitable relief available to the Company, the Executive, in the event of a breach of his covenants contained in Section 5 hereinhereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ ' fees incurred by the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (ai) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (bii) Notwithstanding the equitable relief available to the Company, Executive, in the event of a breach of his covenants contained in Section 5 herein18 hereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable up to cover all actual and consequential losses, plus the amount of all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreementbreach. If Executive should use or reveal to any other person or entity Person any confidential information, such use or revelation would be considered a continuing violation on a daily basis, basis for as long as such confidential information is made use of by Executive or any such other person or entityExecutive. (ciii) If any provision of Section 5 herein 18 is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) The Executive acknowledges and agrees that the covenants contained herein restrictions and commitments set forth in Sections 7, 8 and 10 of this Agreement are fair necessary to prevent the improper use and disclosure of Confidential Information and to otherwise protect the legitimate business interests of the Company and any of its Affiliates. The Executive further acknowledges that the restrictions set forth in Sections 7, 8 and 10 of this Agreement are reasonable in light all respects, including, without limitation, duration, territory and scope of activity. The Executive expressly agrees and acknowledges that any breach or threatened breach by the consideration paid hereunderExecutive or any third party of any obligation by the Executive under this Agreement, including, without limitation, any breach or threatened breach of Section 7, 8 or 10 of this Agreement will cause the Company immediate, immeasurable and irreparable harm for which there is no adequate remedy at law, and that damages alone shall not be an adequate remedy for any breach by Executive as a result of his covenants contained herein and accordingly expressly agrees thatthis, in addition to any its other remedies which the Company may haveremedies, the Company shall be entitled to injunctive or other equitable relief in any the issuance by a court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seekingan injunction, in any court of competent jurisdictionrestraining order, specific performance or other equitable remedies relief in favor of itself, without the event necessity of posting a bond, restraining the Executive or any breach third party from committing or intended breach by continuing to commit any such violation. If the Company defers or withholds any payment, benefit or entitlement due to the Executive pursuant to this Agreement or otherwise based on the Executive’s violation of any this Agreement and it is subsequently finally determined that the Executive did not commit such breach, the Company shall promptly pay all such unpaid amounts, and shall extend such rights or other entitlements, to the Executive as of his obligations hereunderthe date that it is so determined that the Executive did not commit such breach. (b) Notwithstanding the equitable relief available to the Company, Executive, in the event of a breach of his covenants contained If any restriction set forth in Section 5 herein7, understands and agrees that 8 or 10 of this Agreement is found by any arbitrator or court of competent jurisdiction to be unenforceable because it extends for too long a period of time or over too great a range of activities or in too broad a geographic area, it will be interpreted to extend over the uncertainties and delay inherent in the legal process would result in a continuing breach for some maximum period of time, and therefore, continuing injury range of activities or geographic area as to the Company until and unless the Company can obtain such equitable reliefwhich it may be enforceable. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would be considered a continuing violation on a daily basis, for as long as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein 7, 8 or 10 of this Agreement is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found declared to be invalid or unenforceable. (d) The existence of , in whole or in part, for any claim or cause of action that Executive or any other person or entity may have against reason, such invalidity will not affect the Company shall not constitute a defense or bar to the enforcement of any of the remaining provisions of this such Section 5which will remain in full force and effect.

Injunctive and Other Relief. (a) Executive acknowledges and agrees A. You acknowledge that the covenants contained herein in this Agreement are fair and reasonable in light of the consideration paid hereunderunder this Agreement, and that damages alone shall not be an adequate remedy for any breach by Executive you of his covenants contained herein such covenants, and accordingly expressly agrees agree that, in addition to any other remedies which the Company TNL may have, the Company TNL shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened threat­ened breach of any such covenants by Executiveyou. Nothing contained herein in this Agreement shall prevent or delay the Company TNL from seeking, in any court of competent jurisdiction, specific performance perform­ance or other equitable remedies in the event of any breach or intended breach by Executive you of any of his your obligations hereunderunder this Agreement. (b) B. Notwithstanding the equitable relief available avail­able to the CompanyTNL, Executiveyou, in the event of a breach of his your covenants contained in Section 5 hereinSections 7, understands 8 and agrees 9 of this Agreement, understand that the uncertainties and delay delays inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company TNL until and unless the Company TNL can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company TNL shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive you as a result of said breach and all costs and attorneys’ fees incurred by the Company TNL in enforcing this Agreement. If Executive you should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive you or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein are reasonable to protect the Company’s legitimate business interest, and fair and reasonable in light of the consideration paid hereundercommencement of Executive’s employment with the Company, which constitutes adequate consideration. Executive also acknowledges that the Company would be irreparably harmed by a breach of these covenants and that damages alone shall would not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his her obligations hereunder. (b) Notwithstanding the Executive understands that in addition to equitable relief available to the Company, Executive, in the event of a breach of his covenants contained in Section 5 herein, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would be considered is a continuing violation on a daily basis, for as long as such the confidential information is made use of available by Executive or any such other person or entityExecutive. (c) If any provision of this Section 5 herein is determined found to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, term shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision it valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of this Section 5 (Restrictive Covenants). (e) Nothing in this Agreement prohibits Executive reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, Congress, the Occupational Safety and Health Administration, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of this Section 5federal and state law or regulation, including the Defend Trade Secrets Act, which gives Executive immunity from federal and state civil and criminal liability for disclosures of trade secrets. Under the Defend Trade Secrets Act, Executive has the right to (i) disclose in confidence trade secrets to federal, state, and local government officials, or to an attorney, for the sole purpose of reporting or investigating a suspected violation of law, and (ii) disclose trade secrets in a document filed in a lawsuit or other proceeding, but only if the filing is made under seal and protected from public disclosure. Executive does not need prior authorization from the Company to make any such reports or disclosures and are not required to notify the Company that she has made such reports or disclosures.

Injunctive and Other Relief. (a) Executive Employee acknowledges and agrees confirms that the covenants contained herein are fair and reasonable in light of the consideration paid hereunderhereunder and in order to protect K&S's investment in the AFW Business and its other legitimate business interests, and that damages alone shall not be an adequate remedy for any breach by Executive Employee of his covenants contained herein and accordingly expressly agrees thatherein. Accordingly, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by ExecutiveEmployee. Nothing contained herein or in the Acquisition Agreement shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive Employee of any of his its obligations hereunder. (b) Notwithstanding the equitable relief available to the Company, ExecutiveEmployee, in the event of a breach of his covenants contained in Section 5 hereinhereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive Employee as a result of said breach and all costs and attorneys’ ' fees incurred by the Company in enforcing this Agreement. If Executive Employee should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive Employee or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges and agrees A. You acknowledge that the covenants contained herein in this Agreement are fair and reasonable in light of the consideration paid hereunderunder this Agreement, and that damages alone shall not be an adequate remedy for any breach by Executive you of his covenants contained herein such covenants, and accordingly expressly agrees agree that, in addition to any other remedies which the Company TNL may have, the Company TNL shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executiveyou. Nothing contained herein in this Agreement shall prevent or delay the Company TNL from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive you of any of his your obligations hereunder. (b) under this Agreement. Notwithstanding the equitable relief available to the CompanyTNL, Executiveyou, in the event of a breach of his your covenants contained in Section 5 hereinSections 7, understands 8 and agrees 9 of this Agreement, understand that the uncertainties and delay delays inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company TNL until and unless the Company TNL can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company TNL shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive you as a result of said breach and all costs and attorneys’ ' fees incurred by the Company TNL in enforcing this Agreement. If Executive you should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive you or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (ai) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (bii) Notwithstanding the equitable relief available to the Company, Executive, in the event of a breach of his covenants contained in Section 5 herein15 hereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable up to cover all actual and consequential losses, plus the amount of all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreementbreach. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would be considered a continuing violation on a daily basis, basis for as long as such confidential information is made use of by Executive or any such other person or entityExecutive. (ciii) If any provision of Section 5 herein 15 hereof is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive Employee acknowledges and agrees that the covenants contained herein in this Agreement are fair and reasonable in light of the consideration paid hereunderunder this Agreement, and that damages alone shall not be an adequate remedy for any breach by Executive Employee of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened threat­ened breach of any such covenants by ExecutiveEmployee. Nothing contained herein in this Agreement shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance perform­ance or other equitable remedies in the event of any breach or intended breach by Executive Employee of any of his obligations hereunderunder this Agreement. (b) Notwithstanding the equitable relief available avail­able to the Company, Executivethe Employee, in the event of a breach of his covenants contained in Section 5 herein5, understands and agrees that the uncertainties and delay delays inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive Employee as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreementbreach. If Executive Employee should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive Employee or any such other person or entity. (c) If Employee agrees that the foregoing territorial and time limitations are reasonable and properly required for the adequate protection of the business of the Company and that in the event that any provision of Section 5 herein such territorial or time limitation is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to unreasonable by a duration or scope court of competent jurisdiction, then Employee agrees and submits to the extent necessary reduction of either said territorial or time limitation to render such provision valid and enforceable. In such event, Executive an area or period as said court shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceabledeem reasonable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants his obligations contained herein in this Agreement are fair and reasonable in light of the consideration paid hereunderunder this Agreement, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly those obligations. Accordingly, Executive expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants of those obligations by Executive. Nothing contained herein in this Agreement, including, without limitation, Section 6.1 hereof, shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or of intended breach by Executive of any of his obligations hereunderunder this Agreement. (b) Notwithstanding the equitable relief available to the Company, the Executive, in the event of a breach of his covenants obligations contained in Section 5 hereinhereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such appropriate equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies moneys received by Executive as a result of said breach breach, and all costs and attorneys’ ' fees incurred by the Company in enforcing this Agreement. If Executive should use or of reveal to any other person or entity any confidential informationinformation in violation of this Agreement, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall may not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company MEDIQ may have, the Company MEDIQ shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company MEDIQ from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (b) Notwithstanding the equitable relief available to MEDIQ, the Company, Executive, in the event of a breach of his covenants contained in Section 5 hereinhereof, understands and agrees that the uncertainties and delay inherent in the legal process would could result in a continuing breach for some period of time, and therefore, continuing injury to the Company MEDIQ until and unless the Company MEDIQ can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company MEDIQ shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all reasonable costs and attorneys’ ' fees incurred by the Company MEDIQ in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company JG may have, the Company JG shall be entitled to o injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company xxxxx XX or JG from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (b) Notwithstanding the equitable relief available to JG or JG, the Company, Executive, in the event of a breach of his covenants contained in Section 5 hereinhereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company JG or JG until and unless the Company JG or JG can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company JG or JG shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ ' fees incurred by the Company JG or JG in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (ai) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive of his her covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (bii) Notwithstanding the equitable relief available to the Company, Executive, in the event of a breach of his her covenants contained in Section 5 herein18 hereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable up to cover all actual and consequential losses, plus the amount of all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would be considered a continuing violation on a daily basis, for as long as such confidential information is made use of by Executive or any such other person or entitybreach. (ciii) If any provision of Section 5 herein 18 is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein are reasonable to protect the Company’s legitimate business interest, and fair and reasonable in light of the consideration paid hereunderExecutive’s promotion, raise and equity award, which constitute adequate consideration. Executive also acknowledges that the Company would be irreparably harmed by a breach of these covenants and that damages alone shall would not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his obligations hereunder. (b) Notwithstanding the Executive understands that in addition to equitable relief available to the Company, Executive, in the event of a breach of his covenants contained in Section 5 herein, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would be considered is a continuing violation on a daily basis, for as long as such the confidential information is made use of available by Executive or any such other person or entityExecutive. (c) If any provision of this Section 5 herein is determined found to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, term shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision it valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of this Section 5 (Restrictive Covenants). (e) Nothing in this Agreement prohibits Executive reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, Congress, the Occupational Safety and Health Administration, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of this Section 5federal and state law or regulation, including the Defend Trade Secrets Act, which gives Executive immunity from federal and state civil and criminal liability for disclosures of trade secrets. Under the Defend Trade Secrets Act, Executive has the right to (i) disclose in confidence trade secrets to federal, state, and local government officials, or to an attorney, for the sole purpose of reporting or investigating a suspected violation of law, and (ii) disclose trade secrets in a document filed in a lawsuit or other proceeding, but only if the filing is made under seal and protected from public disclosure. Executive does not need prior authorization from the Company to make any such reports or disclosures and are not required to notify the Company that he has made such reports or disclosures.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein herein, including, without limitation, Section 6.1 hereof, shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (b) Notwithstanding the equitable relief available to the Company, the Executive, in the event of a breach of his covenants contained in Section 5 hereinhereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ ' fees incurred by the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges Hoskxxx xxxnowledges and agrees that his obligations contained in this Section 5 (including but not limited to the covenants contained herein geographic scope and time period of the limitations on competition in Section 5.3) are fair and reasonable in light of the consideration paid hereunderunder this Agreement, and are reasonably necessary to protect the Company; and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly Hoskxxx xx those obligations. Accordingly, Hoskxxx xxxressly agrees that, in addition to any other remedies which the that Company may have, the Company shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants of those obligations by ExecutiveHoskxxx. Nothing Xxthing contained herein in this Agreement shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of Hoskxxx xx any of his obligations hereunderunder this Agreement. (b) Notwithstanding the equitable relief available to the Company, ExecutiveHoskxxx, in xx the event of a breach of his covenants obligations contained in Section 5 hereinof this Agreement, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such appropriate equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to seek monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies moneys received by Executive as Hoskxxx xx a result of said breach breach, and all costs and reasonable attorneys’ ' fees incurred by the Company in enforcing this Agreement. If Executive should Hoskxxx xxxuld use or reveal to any other person or entity any confidential informationinformation in violation of this Agreement, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive or Hoskxxx xx any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees that, in addition to any other remedies which the Company may have, the Company shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (b) Notwithstanding the equitable relief available to the Company, the Executive, in the event of a breach of his covenants contained in Section 5 hereinhereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ ' fees incurred by the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.

Injunctive and Other Relief. (a) Executive Employee acknowledges and agrees that the covenants restrictions contained herein are fair and reasonable in light this Paragraph 4, in view of the consideration paid hereundernature of the business in which the Company is engaged, are reasonable and necessary in order to protect the legitimate interests of the Company, that their enforcement will not impose a hardship on Employee or significantly impair his ability to earn a livelihood, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein and accordingly expressly agrees violation thereof would result in irreparable injuries to the Company. Employee therefore acknowledges that, in addition to the event of Employee’s violation of, or threatened violation of, any other remedies which the Company may haveof these restrictions, the Company shall be entitled to injunctive or other equitable relief in obtain from any court of competent jurisdiction for preliminary and permanent injunctive relief as well as damages, including, subject to Paragraph 4.3(b) hereof, the Company’s legal and other costs of enforcing Employee’s compliance with these restrictions, and an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any breach other rights or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay remedies to which the Company from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his obligations hereundermay be entitled. (b) Notwithstanding the equitable relief available to the Company, Executive, in In the event of a breach of his covenants contained in Section 5 herein, understands and agrees that the uncertainties Company or the Employee incur counsel fees or other costs and delay inherent expenses in connection with the legal process would result in a continuing breach for some period enforcement of timeany and all of its rights under this Agreement, and therefore, continuing injury including any arbitration proceeding pursuant to the Company until and unless the Company can obtain such equitable relief. Therefore, in addition to such equitable reliefParagraph 5 hereof, the Company substantially prevailing party shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed receive reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ fees incurred by and costs an expenses in connection with the Company in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, enforcement of such use or revelation would be considered a continuing violation on a daily basis, for as long as such confidential information is made use of by Executive or any such other person or entityprevailing party’s rights. (c) If the Restricted Period or the Restricted Area specified in Paragraph 4.2 above should be adjudged unreasonable in any provision proceeding, then the period of Section 5 herein time shall be reduced by such amount or the area shall be reduced by the elimination of such portion or both such reductions shall be made so that such restrictions may be enforced for such time and in such area as is determined adjudged to be invalid or unenforceable by reason reasonable. If Employee violates any of its duration or scopethe restrictions contained in Paragraph 4.2, such duration or scope, or both, the Restricted Period shall be deemed to be reduced to extended by a duration or scope period equal to the extent necessary length of time from the commencement of any such violation until such time as such violation shall be cured by Such Employee to render such provision valid the satisfaction of Company. The Company shall have the right and enforceable. In such event, Executive shall negotiate in good faith remedy to provide require Employee to account for and pay over to the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid all compensation, profits, monies, accruals, increments or unenforceable. (d) The existence other benefits derived or received by Employee as the result of any claim or cause transactions constituting a breach of action that Executive or any other person or entity may have against this Paragraph 4, and Employee shall account for and pay over such amounts to the Company shall not constitute a defense or bar upon the Company’s request therefor. The Employee hereby expressly consents to the enforcement jurisdiction of any of court within the Restricted Area to enforce the provisions of this Section 5Paragraph 4, and agrees to accept service of process by mail relating to any such proceeding. The Company may supply a copy of Paragraph 4 of this Agreement to any future or prospective employer of Employee or to any person to whom Employee has supplied information if the Company determines that there is a reasonable likelihood that Employee has violated or will violate this Paragraph 4.

Injunctive and Other Relief. (a) Executive acknowledges and agrees that the covenants contained herein are fair and reasonable in light of the consideration paid hereunder, and that damages alone shall not be an adequate remedy for any breach by Executive of his covenants contained herein which then apply and accordingly expressly agrees that, in addition to any other remedies which the Company Bank may have, the Company Bank shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction for any breach or threatened breach of any such covenants by Executive. Nothing contained herein shall prevent or delay the Company Bank from seeking, in any court of competent jurisdiction, specific performance or other equitable remedies in the event of any breach or intended breach by Executive of any of his its obligations hereunder. (b) Notwithstanding the equitable relief available to the CompanyBank, the Executive, in the event of a breach of his covenants contained in Section 5 hereinhereof, understands and agrees that the uncertainties and delay inherent in the legal process would result in a continuing breach for some period of time, and therefore, continuing injury to the Company Bank until and unless the Company Bank can obtain such equitable relief. Therefore, in addition to such equitable relief, the Company Bank shall be entitled to monetary damages for any such period of breach until the termination of such breach, in an amount deemed reasonable to cover all actual and consequential losses, plus all monies received by Executive as a result of said breach and all costs and attorneys’ attorney's fees incurred by the Company Bank in enforcing this Agreement. If Executive should use or reveal to any other person or entity any confidential information, such use or revelation would this will be considered a continuing violation on a daily basis, basis for as so long a period of time as such confidential information is made use of by Executive or any such other person or entity. (c) If any provision of Section 5 herein is determined to be invalid or unenforceable by reason of its duration or scope, such duration or scope, or both, shall be deemed to be reduced to a duration or scope to the extent necessary to render such provision valid and enforceable. In such event, Executive shall negotiate in good faith to provide the Company with lawful and enforceable protection that is most nearly equivalent to that found to be invalid or unenforceable. (d) The existence of any claim or cause of action that Executive or any other person or entity may have against the Company shall not constitute a defense or bar to the enforcement of any of the provisions of this Section 5.