Common use of Injunctive and Other Relief Clause in Contracts

Injunctive and Other Relief. (a) Executive acknowledges that the covenants contained in Sections 5.1, 5.2 and 6.3 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. Accordingly, in addition to any other remedies that Company may have, Company shall be entitled to injunctive 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 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) In addition to such equitable relief with respect to Sections 5.1, 5.2 and 6.3, Company shall be entitled to monetary damages for any 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 Company in enforcing this Agreement, provided, however, that Company shall have no right to set off any such monetary damages against amounts owed by Company to Executive under this Agreement or any other agreement between the parties. Any action initiated by Company for monetary damages related to any such breach shall be subject to Section 6.1 hereof.

Appears in 14 contracts

Samples: Employment Agreement (Pennsylvania Real Estate Investment Trust), Employment Agreement (Pennsylvania Real Estate Investment Trust), Employment Agreement (Pennsylvania Real Estate Investment Trust)

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Injunctive and Other Relief. (a) Executive acknowledges that the covenants contained in Sections 5.1, 5.2 and 6.3 hereof 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. Accordingly, in addition to any other remedies that Company may have, Company shall be entitled to injunctive 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 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) In addition to such equitable relief with respect to Sections 5.1, 5.2 and 6.36.3 hereof, Company shall be entitled to monetary damages for any 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 Company in enforcing this Agreement, provided, however, that Company shall have no right to set off any such monetary damages against amounts owed by Company to Executive under this Agreement or any other agreement between the parties. Any action initiated by Company for monetary damages related to any such breach shall be subject to Section 6.1 hereof.

Appears in 7 contracts

Samples: Employment Agreement (Pennsylvania Real Estate Investment Trust), Employment Agreement (Pennsylvania Real Estate Investment Trust), Employment Agreement (Pennsylvania Real Estate Investment Trust)

Injunctive and Other Relief. (a) Executive acknowledges that the covenants contained in Sections 5.1, 5.2 and 6.3 5.3 hereof 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. Accordingly, in addition to any other remedies that Company may have, Company shall be entitled to injunctive 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 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) In addition to such equitable relief with respect to Sections 5.1, 5.2 and 6.35.3 hereof, Company shall be entitled to monetary damages for any 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 Company in enforcing this Agreement, provided, however, that Company shall have no right to set off any such monetary damages against amounts owed by Company to Executive under this Agreement or any other agreement between the parties. Any action initiated by Company for monetary damages related to any such breach shall be subject to Section 6.1 hereof, unless brought as part of an action also seeking specific performance or other form of injunctive or equitable relief.

Appears in 3 contracts

Samples: Employment Agreement (Pennsylvania Real Estate Investment Trust), Employment Agreement, Employment Agreement (Pennsylvania Real Estate Investment Trust)

Injunctive and Other Relief. (a) Executive acknowledges that the covenants contained in Sections 5.16.1, 5.2 6.2, and 6.3 7.3 hereof 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. Accordingly, in addition to any other remedies that Company the Trust may have, Company the Trust shall be entitled to injunctive 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 Company the Trust 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) In addition to such equitable relief with respect to Sections 5.16.1, 5.2 6.2, and 6.37.3 hereof, Company the Trust shall be entitled to monetary damages for any 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 Company the Trust in enforcing this Agreement, provided, however, that Company the Trust shall have no right to set off any such monetary damages against amounts owed by Company the Trust to Executive under this Agreement or any other agreement between the parties. Any action initiated by Company for monetary damages related to any such breach shall be subject to Section 6.1 hereof.

Appears in 1 contract

Samples: Employment Agreement (Pennsylvania Real Estate Investment Trust)

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Injunctive and Other Relief. (a) Executive acknowledges that the covenants contained in Sections 5.16.1, 5.2 6.2, and 6.3 7.3 hereof 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. Accordingly, in addition to any other remedies that Company the Trust may have, Company the Trust shall be entitled to injunctive 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 Company the Trust 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) In addition to such equitable relief with respect to Sections 5.16.1, 5.2 6.2, and 6.37.3, Company the Trust shall be entitled to monetary damages for any 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 Company the Trust in enforcing this Agreement, provided, however, that Company the Trust shall have no right to set off any such monetary damages against amounts owed by Company the Trust to Executive under this Agreement or any other agreement between the parties. Any action initiated by Company for monetary damages related to any such breach shall be subject to Section 6.1 hereof.

Appears in 1 contract

Samples: Employment Agreement (Pennsylvania Real Estate Investment Trust)

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