Injunctive Relief and Damages. Participant acknowledges and agrees that a breach of Paragraph 4 will result in irreparable harm and continuing damage to the Company, and that money damages and the remedies set forth in Paragraph 4(d)(i) above would be not be sufficient remedies to the Company for any such breach or threatened breach. Therefore, to the fullest extent permitted by law, Participant agrees that the Company shall also be entitled to a temporary restraining order and injunctive relief restraining Participant from the commission of any breach of Paragraph 4. Nothing contained in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available to it for any breach or threatened breach, including, without limitation, the remedies set forth in Paragraph 4(d)(i) or the recovery of money damages, attorneys’ fees and costs.
Injunctive Relief and Damages. Either party will have the right, in addition to the foregoing and any other remedies available at law, to seek injunctive relief and damages against the other in the event of violation of this Article.
Injunctive Relief and Damages. Chord acknowledges and agrees that the covenants and obligations of Chord set forth in Section 8 with respect to confidentiality relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants and obligations will cause the Company irreparable injury for which adequate remedies are not available at law. Therefore, Chord agrees that the Company shall be entitled to seek an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain Chord from committing any violation of the covenants and obligations referred to in this Section 14. These injunctive remedies are cumulative and in addition to any other rights and remedies the Company may have at law or in equity. Nothing contained in this Section 14 shall be construed as prohibiting the Company from pursuing any other remedies available to any of it for any such breach or threatened breach, including recovery of damages and an equitable accounting of all earnings, profits and other benefits arising from such violation.
Injunctive Relief and Damages. The Employee agrees that in the event of any breach of this Agreement by the Employee, damages may not be an adequate remedy and that the Employer will be entitled to make application to a court of competent jurisdiction for temporary or permanent injunctive relief against the Employee, without the necessity of proving actual damage to the Employer.
Injunctive Relief and Damages. Each Party acknowledges that any breach or violation on its part of any promises, commitments, undertakings and/or agreements contained in this Agreement, inclusive of their respective subparagraphs and subsumed provisions, may result in grave, irreparable, and continuing damage to the Party to which such compromised confidential or proprietary information pertains to (the "aggrieved Party") for which there will be no adequate or speedy remedy at law; and the aggrieved Party shall be immediately entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper in the circumstances (including monetary damages if appropriate). In the proper cases and upon competent judicial authority, the aggrieved Party may enter upon any location or territory where the compromised confidential or proprietary information may be kept for the purpose of preventing the unauthorized use, reproduction, examination, distribution, or transaction thereof.
Injunctive Relief and Damages. (a) Stockholder acknowledges and agrees that, in the event of a prospective or actual breach of the provisions of Sections 1 and/or 2 of this Agreement by Stockholder, damages may not be an adequate remedy to compensate the Protected Entities for the loss of goodwill and other harm to the business of the Protected Entities.
Injunctive Relief and Damages. Each of the parties acknowledges that any breach of this Agreement shall result in irreparable and continued damage to the non-disclosing party and/or non-breaching party including actual and exemplary damages together with attorney’s fees and costs and therefore, in addition to any other remedy which may be afforded by law, any breach or threatened breach of this Agreement may be prohibited by restraining order and/or injunction or any other equitable remedies of any court.
Injunctive Relief and Damages. Executive hereby acknowledges the importance and value of the business relationships and competitive position developed and maintained by the Company and its Affiliates and the need to protect the same. In the event that Executive violates or breaches any provision of Paragraphs 7 or 9 hereof, the Company shall be entitled to enjoin such violation or breach and any further violation or breach as well as to an equitable accounting of earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other remedies to which the Company may be entitled at law or in equity. The Company shall also be entitled to recover from Executive reasonable attorneys' fees incurred by the Company in enforcing the provisions of Paragraphs 7 or 9. The provisions of this Paragraph 10 shall survive the termination of Executive's employment under this Contract, regardless of the date, cause or manner of such termination.
Injunctive Relief and Damages. The parties hereby acknowledge that, due to the unique nature of the Confidential Information, the disclosing party’s remedies at law are inadequate and that the disclosing party will suffer irreparable harm in the event of breach or threatened breach of any provision of this Agreement. Accordingly, in such event, the disclosing party shall be entitled to seek preliminary and final injunctive relief without a requirement to post bond, as well as any and all other applicable remedies at law or in equity, including the recovery of damages.
Injunctive Relief and Damages. Without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in this Paragraph 7, it is expressly agreed by the Executive and the Company that other remedies cannot fully compensate the Company for any violation by the Executive of the covenants contained in this Paragraph 7 and that the Company shall be entitled to injunctive relief, without the necessity of proving actual monetary loss, to prevent any such violation or any continuing violation thereof. The failure of the Company to seek immediate injunction, enforce this Agreement or to assert a violation of any provision of this Agreement in a particular situation will not be regarded as a waiver of the Company’s rights under this Agreement, or a waiver of rights if there are any subsequent breaches by the Executive of the same or another provision. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other rights or remedies at law or in equity available for such breach or threatened breach of the provisions of these Restrictive Covenants, including the recovery of damages, and all such rights and remedies shall be cumulative. The Company and the Executive further agree that all Severance or other payments still payable under this Agreement shall immediately cease and shall no longer be an obligation of the Company in the event of any violation of these Restrictive Covenants which is not cured (if such breach can be cured) within (10) days of written notice by the Company to the Executive of such violation or of a willful and material violation of the Restrictive Covenants. The Company and the Executive further agree that such forfeiture shall not be deemed to be liquidated damages for breach of such Restrictive Covenants.
