Common use of Injunctive Relief and Additional Remedy; Essential and Independent Covenants Clause in Contracts

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. (a) The Executive acknowledges that the injury that would be suffered by the Company as a result of a breach of the provisions of this Agreement (including, without limitation, any provision of Sections 9, 10, 11,and 12) would be irreparable and that an award of monetary damages to the Company for such a breach would be an inadequate remedy. Consequently, the Company will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and the Company will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's rights under this Section 13 or any other remedies of the Company, if the Executive breaches any of the provisions of Sections 9, 10, 11 or 12, the Company will have the right to cease making any payments otherwise due to the Executive under this Agreement. (b) The covenants by the Executive in Sections 9, 10, 11 and 12 are essential elements of this Agreement, and without the Executive's agreement to comply with such covenants, the Company would not have entered into this Agreement with the Executive. The Company and the Executive have been afforded the opportunity to consult their respective counsel and have been advised, or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 9), with specific regard to the nature of the business conducted by the Company and its subsidiaries and related or affiliated companies or joint ventures. The Executive's covenants in Sections 9, 10, 11 and 12 are independent covenants and the existence of any claim by the Executive against the Company under this Agreement or otherwise, will not excuse the Executive's breach of any covenant in Sections 9, 10, 11 or 12.

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. (a) The Executive Participant acknowledges that the injury that would be suffered by the Company as a result of a breach of the provisions of this Award Agreement (including, without limitation, including any provision of Sections 913, 1014, 11,and 12and 15) would be irreparable and that an award of monetary damages to the Company for such a breach would be an inadequate remedy. Consequently, the Company will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Award Agreement, and the Company will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's ’s rights under this Section 13 16 or any other remedies of the Company, if the Executive Participant breaches any of the provisions of Sections 913, 1014, 11 or 1215, the Company will have the right to cease making any payments otherwise due to the Executive Participant under this Award Agreement. (b) . The covenants by the Executive Participant in Sections 913, 1014, 11 and 12 15 are essential elements of this Award Agreement, and without the Executive's Participant’s agreement to comply with such covenants, the Company would not have entered into this Award Agreement with the ExecutiveParticipant. The Company and the Executive Participant have been afforded the opportunity to consult their respective counsel and have been advised, advised or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 913), with specific regard to the nature of the business conducted by the Company and its subsidiaries Subsidiaries and related or affiliated companies or joint ventures. The Executive's Participant’s covenants in Sections 913, 1014, 11 and 12 15 are independent covenants and the existence of any claim by the Executive Participant against the Company under this Award Agreement or otherwise, will not excuse the Executive's Participant’s breach of any covenant in Sections 913, 1014, 11 or 1215. If this Award Agreement or the Participant’s employment with the Company and its Subsidiaries or affiliates expires or is terminated, this Award Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Participant in Sections 13, 14, 15, and 16.

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. (a) The Executive acknowledges that the injury that would be suffered by the Company as a result of a breach of the provisions of this Agreement (including, without limitation, any provision of Sections 9, 10, 11,and 12) would be irreparable and that an award of monetary damages to the Company for such a breach would be an inadequate remedy. Consequently, the Company will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and the Company will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's ’s rights under this Section 13 or any other remedies of the Company, if the Executive breaches any of the provisions of Sections 9, 10, 11 or 12, the Company will have the right to cease making any payments otherwise due to the Executive under this Agreement. (b) The covenants by the Executive in Sections 9, 10, 11 and 12 are essential elements of this Agreement, and without the Executive's ’s agreement to comply with such covenants, the Company would not have entered into this Agreement with the Executive. The Company and the Executive have been afforded the opportunity to consult their respective counsel and have been advised, or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 9), with specific regard to the nature of the business conducted by the Company and its subsidiaries and related or affiliated companies or joint ventures. The Executive's ’s covenants in Sections 9, 10, 11 and 12 are independent covenants and the existence of any claim by the Executive against the Company under this Agreement or otherwise, will not excuse the Executive's ’s breach of any covenant in Sections 9, 10, 11 or 12.

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. (a) The Executive Participant acknowledges that the injury that would be suffered by the Company Xxxxx-Danfoss Group as a result of a breach of the provisions of this Award Agreement (including, without limitation, including any provision of Sections 915, 1016, 11,and 12and 17) would be irreparable and that an award of monetary damages to the Company Xxxxx-Danfoss Group for such a breach would be an inadequate remedy. Consequently, the Company or any member of the Xxxxx-Danfoss Group will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Award Agreement, and the Company or any member of the Xxxxx-Danfoss Group will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's Xxxxx-Danfoss Group’s rights under this Section 13 18 or any other remedies of the CompanyXxxxx-Danfoss Group, if the Executive Participant breaches any of the provisions of Sections 915, 1016, 11 or 1217, the Company Xxxxx-Danfoss Group will have the right to cease making any payments otherwise due to the Executive Participant under this Award Agreement. (b) . The covenants by the Executive Participant in Sections 915, 1016, 11 and 12 17 are essential elements of and preconditions to this Award Agreement, and without the Executive's Participant’s agreement to comply with such covenants, the Company would not have entered into this Award Agreement with the ExecutiveParticipant. The Company and the Executive Participant have been afforded the opportunity to consult their respective counsel and have been advised, advised or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 915), with specific regard to the nature of the business conducted by the Company and its subsidiaries and related or affiliated companies or joint venturesXxxxx-Danfoss Group. The Executive's Participant’s covenants in Sections 915, 1016, 11 and 12 17 are independent covenants and the existence of any claim by the Executive Participant against the Company or any member of the Xxxxx-Danfoss Group under this Award Agreement or otherwise, will not excuse the Executive's Participant’s breach of any covenant in Sections 915, 1016, 11 or 1217. If this Award Agreement or the Participant’s employment with the Xxxxx-Danfoss Group is terminated, this Award Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Participant in Sections 15, 16, 17, and 18.

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. (a) The Executive Participant acknowledges that the injury that would be suffered by the Company Xxxxx-Danfoss Group as a result of a breach of the provisions of this Award Agreement (including, without limitation, including any provision of Sections 913, 1014, 11,and 12and 15) would be irreparable and that an award of monetary damages to the Company Xxxxx-Danfoss Group for such a breach would be an inadequate remedy. Consequently, the Company or any member of the Xxxxx-Danfoss Group will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Award Agreement, and the Company or any member of the Xxxxx-Danfoss Group will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's Xxxxx-Danfoss Group’s rights under this Section 13 16 or any other remedies of the CompanyXxxxx-Danfoss Group, if the Executive Participant breaches any of the provisions of Sections 913, 1014, 11 or 1215, the Company Xxxxx-Danfoss Group will have the right to cease making any payments otherwise due to the Executive Participant under this Award Agreement. (b) . The covenants by the Executive Participant in Sections 913, 1014, 11 and 12 15 are essential elements of and preconditions to this Award Agreement, and without the Executive's Participant’s agreement to comply with such covenants, the Company would not have entered into this Award Agreement with the ExecutiveParticipant. The Company and the Executive Participant have been afforded the opportunity to consult their respective counsel and have been advised, advised or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 913), with specific regard to the nature of the business conducted by the Company and its subsidiaries and related or affiliated companies or joint venturesXxxxx-Danfoss Group. The Executive's Participant’s covenants in Sections 913, 1014, 11 and 12 15 are independent covenants and the existence of any claim by the Executive Participant against the Company or any member of the Xxxxx-Danfoss Group under this Award Agreement or otherwise, will not excuse the Executive's Participant’s breach of any covenant in Sections 913, 1014, 11 or 1215. If this Award Agreement or the Participant’s employment with the Xxxxx-Danfoss Group is terminated, this Award Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Participant in Sections 13, 14, 15, and 16.

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. (a) The Executive Participant acknowledges that the injury that would be suffered by the Company Sxxxx-Danfoss Group as a result of a breach of the provisions of this Award Agreement (including, without limitation, including any provision of Sections 915, 1016, 11,and 12and 17) would be irreparable and that an award of monetary damages to the Company Sxxxx-Danfoss Group for such a breach would be an inadequate remedy. Consequently, the Company or any member of the Sxxxx-Danfoss Group will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Award Agreement, and the Company or any member of the Sxxxx-Danfoss Group will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's Sxxxx-Danfoss Group’s rights under this Section 13 18 or any other remedies of the CompanySxxxx-Danfoss Group, if the Executive Participant breaches any of the provisions of Sections 915, 1016, 11 or 1217, the Company Sxxxx-Danfoss Group will have the right to cease making any payments otherwise due to the Executive Participant under this Award Agreement. (b) . The covenants by the Executive Participant in Sections 915, 1016, 11 and 12 17 are essential elements of and preconditions to this Award Agreement, and without the Executive's Participant’s agreement to comply with such covenants, the Company would not have entered into this Award Agreement with the ExecutiveParticipant. The Company and the Executive Participant have been afforded the opportunity to consult their respective counsel and have been advised, advised or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 915), with specific regard to the nature of the business conducted by the Company and its subsidiaries and related or affiliated companies or joint venturesSxxxx-Danfoss Group. The Executive's Participant’s covenants in Sections 915, 1016, 11 and 12 17 are independent covenants and the existence of any claim by the Executive Participant against the Company or any member of the Sxxxx-Danfoss Group under this Award Agreement or otherwise, will not excuse the Executive's Participant’s breach of any covenant in Sections 915, 1016, 11 or 1217. If this Award Agreement or the Participant’s employment with the Sxxxx-Danfoss Group is terminated, this Award Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Participant in Sections 15, 16, 17, and 18.

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. (a) The Executive acknowledges that the injury that would be suffered by the Company as a result of a breach of the provisions of this Agreement (including, without limitation, including any provision of Sections 98, 9 and 10, 11,and 12) would be irreparable and that an award of monetary damages to the Company for such a breach would be an inadequate remedy. Consequently, the Company will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and the Company will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's rights under this Section 13 11 or any other remedies of the Company, if the Executive breaches any of the provisions of Sections 98, 9 or 10, 11 or 12, the Company will have the right to cease making any payments otherwise due to the Executive under this Agreement. (b) The covenants by the Executive in Sections 8, 9, 10, 11 and 12 10 are essential elements of this Agreement, and without the Executive's agreement to comply with such covenants, the Company would not have entered into this Agreement with the Executive, agreed to purchase Company stock from Executive or Spouse, or agreed to make the payments to Executive set forth in Section 2. The Company and the Executive have been afforded the opportunity to consult independently consulted their respective counsel and have been advised, or had the opportunity to obtain advice, advised in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 9)8), with specific regard to the nature of the business conducted by the Company and its subsidiaries and related or affiliated companies or joint venturessubsidiaries. The Executive's covenants in Sections 98, 10, 11 9 and 12 10 are independent covenants and the existence of any claim by the Executive against the Company under this Agreement or otherwise, will not excuse the Executive's breach of any covenant in Sections 8, 9, or 10, 11 or 12.

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. (a) The Executive Participant acknowledges that the injury that would be suffered by the Company as a result of a breach of the provisions of this Award Agreement (including, without limitation, including any provision of Sections 913, 1014, 11,and 12and 15) would be irreparable and that an award of monetary damages to the Company for such a breach would be an inadequate remedy. Consequently, the Company will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Award Agreement, and the Company will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's ’s rights under this Section 13 16 or any other remedies of the Company, if the Executive Participant breaches any of the provisions of Sections 913, 1014, 11 or 1215, the Company will have the right to cease making any payments otherwise due to the Executive Participant under this Award Agreement. (b) . The covenants by the Executive Participant in Sections 913, 1014, 11 and 12 15 are essential elements of this Award Agreement, and without the Executive's Participant’s agreement to comply with such covenants, the Company would not have entered into this Award Agreement with the ExecutiveParticipant. The Company and the Executive Participant have been afforded the opportunity to consult their respective counsel and have been advised, advised or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 913), with specific regard to the nature of the business conducted by the Company and its subsidiaries and related or affiliated companies or joint ventures. The Executive's Participant’s covenants in Sections 913, 1014, 11 and 12 15 are independent covenants and the existence of any claim by the Executive Participant against the Company under this Award Agreement or otherwise, will not excuse the Executive's Participant’s breach of any covenant in Sections 913, 1014, 11 or 1215. If this Award Agreement or the Participant’s employment with the Company and its subsidiaries expires or is terminated, this Award Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Participant in Sections 13, 14, 15, and 16.

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. (a) The Executive acknowledges that the injury that would be suffered by the Company as a result of a breach of the provisions of this Agreement (including, without limitation, including any provision of Sections 7, 8, and 9, 10, 11,and 12) would be irreparable and that an award of monetary damages to the Company for such a breach would be an inadequate remedy. Consequently, the Company will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and the Company employer will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's rights under this Section 13 10 or any other remedies of the Company, if the Executive breaches any of the provisions of Sections 7, 8, or 9, 10, 11 or 12, the Company will have the right to cease making any payments otherwise due to the Executive under this Agreement. (b) The covenants by the Executive in Sections 97, 108, 11 and 12 9 are essential elements of this Agreement, and without the Executive's agreement to comply with such covenants, the Company would not have entered into this Agreement with the Executive. The Company and the Executive have been afforded the opportunity to consult independently consulted their respective counsel and have been advised, or had the opportunity to obtain advice, advised in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 97), with specific regard to the nature of the business conducted by the Company and its subsidiaries and related or affiliated companies or joint venturessubsidiaries. The Executive's covenants in Sections 97, 108, 11 and 12 9 are independent covenants and the existence of any claim by the Executive against the Company under this Agreement or otherwise, will not excuse the Executive's breach of any covenant in Sections 7, 8, or 9. If the Executive's employment hereunder expires or is terminated, this Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Executive in Sections 7, 8, 9, 10, 11 or 12and 11.

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. (a) The Executive Participant acknowledges that the injury that would be suffered by the Company as a result of a breach of the provisions of this Award Agreement (including, without limitation, including any provision of Sections 913, 1014, 11,and 12and 15) would be irreparable and that an award of monetary damages to the Company for such a breach would be an inadequate remedy. Consequently, the Company will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Award Agreement, and the Company will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's ’s rights under this Section 13 16 or any other remedies of the Company, if the Executive Participant breaches any of the provisions of Sections 913, 1014, 11 or 1215, the Company will have the right to cease making any payments otherwise due to the Executive Participant under this Award Agreement. (b) . The covenants by the Executive Participant in Sections 913, 1014, 11 and 12 15 are essential elements of this Award Agreement, and without the Executive's Participant’s agreement to comply with such covenants, the Company would not have entered into this Award Agreement with the ExecutiveParticipant. The Company and the Executive Participant have been afforded the opportunity to consult their respective counsel and have been advised, advised or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 913), with specific regard to the nature of the business conducted by the Company and its subsidiaries Subsidiaries and related or affiliated companies or joint ventures. The Executive's Participant’s covenants in Sections 913, 1014, 11 and 12 15 are independent covenants and the existence of any claim by the Executive Participant against the Company under this Award Agreement or otherwise, will not excuse the Executive's Participant’s breach of any covenant in Sections 913, 1014, 11 or 1215. If this Award Agreement or the Participant’s services as a member of the Board of the Company and its Subsidiaries or affiliates expires or is terminated, this Award Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Participant in Sections 13, 14, 15, and 16.

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. (a) The Executive acknowledges that the injury that would be suffered by the Company as a result of a breach of the provisions of this Agreement (including, without limitation, any provision of Sections 9, 10, 11,and 11, and 12) would be irreparable and that an award of monetary damages to the Company for such a breach would be an inadequate remedy. Consequently, the Company will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and the Company will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's ’s rights under this Section 13 or any other remedies of the Company, if the Executive breaches any of the provisions of Sections 9, 10, 11 or 12, the Company will have the right to cease making any payments otherwise due to the Executive under this Agreement. (b) The covenants by the Executive in Sections 9, 10, 11 and 12 are essential elements of this Agreement, and without the Executive's ’s agreement to comply with such covenants, the Company would not have entered into this Agreement with the Executive. The Company and the Executive have been afforded the opportunity to consult their respective counsel and have been advised, or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 9), with specific regard to the nature of the business conducted by the Company and its subsidiaries and related or affiliated companies or joint ventures. The Executive's ’s covenants in Sections 9, 10, 11 and 12 are independent covenants and the existence of any claim by the Executive against the Company under this Agreement or otherwise, will not excuse the Executive's ’s breach of any covenant in Sections 9, 10, 11 or 12.

Injunctive Relief and Additional Remedy; Essential and Independent Covenants. (a) The Executive Employee acknowledges that the injury that would be suffered by the Company as a result of a breach of the provisions of this Agreement (including, without limitation, including any provision of Sections 95, 106, 11,and 12) 7 and 8) would be irreparable and that an award of monetary damages to the Company for such a breach would be an inadequate remedy. Consequently, the Company will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, Agreement and the Company will not be obligated to post bond or other security in seeking such relief. Without limiting the Company's ’s rights under this Section 13 9 or any other remedies of the Company, if the Executive Employee breaches any of the provisions of Sections 95, 106, 11 or 127 and 8, the Company will have the right to cease making any payments otherwise due to the Executive Employee under this Agreement. (b) The covenants by the Executive Employee in Sections 95, 106, 11 7 and 12 8 are essential elements of this Agreement, and without the Executive's Employee’s agreement to comply with such covenants, the Company would not have entered into this Agreement with the ExecutiveEmployee. The Company and the Executive Employee have been afforded the opportunity to consult their respective counsel and have been advised, or had the opportunity to obtain advice, in all respects concerning the reasonableness and propriety of such covenants (including, without limitation, the time period of restriction and the geographical area of restriction set forth in Section 95), with specific regard to the nature of the business conducted by the Company and its subsidiaries and related or affiliated companies or joint ventures. The Executive's Employee’s covenants in Sections 95, 106, 11 7 and 12 8 are independent covenants and the existence of any claim by the Executive Employee against the Company under this Agreement or otherwise, will not excuse the Executive's Employee’s breach of any covenant in Sections 95, 106, 11 7 and 8. If this Agreement or 12the Employee’s employment with the Company expires or is terminated, this Agreement will continue in full force and effect as is necessary or appropriate to enforce the covenants and agreements of the Employee in Sections 5, 6, 7, 8 9 and 18.