Common use of Injunctive Relief and Enforcement Clause in Contracts

Injunctive Relief and Enforcement. In the event of breach by either party of the terms of Sections 5, 6, 7 or 8, if the non-breaching party believes it is suffering irreparable injury, then the non-breaching party shall be entitled to institute legal proceedings to enforce the specific performance of this Agreement by the breaching party and to enjoin the breaching party from any further violation of the Agreement and to exercise such remedies cumulatively or in conjunction with all other rights and remedies provided by law and not otherwise limited by this Agreement. The parties acknowledge, however, that the remedies at law for any breach of the provisions of Sections 5, 6, 7 or 8 may be inadequate. In addition, in the event the covenants set forth in Sections 5(e), 7 or 8 shall be determined by any court of competent jurisdiction to be unenforceable by reason of extending for too great a period of time or over too great a geographical area, by reason of being too restrictive or expansive, or by constituting an unlawful restraint of trade in any other respect, each such covenant shall be interpreted to extend over the maximum period of time and over a maximum geographical area for which it may be enforceable, and to the maximum extent in all other respects as to which it may be enforceable, and enforced as so interpreted, all as determined by such court in such action.

Appears in 2 contracts

Samples: Employment Agreement (Bioshield Technologies Inc), Employment Agreement (Bioshield Technologies Inc)

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Injunctive Relief and Enforcement. In the event of breach by either party the Executive of the terms of Sections 5, 65(e), 7 or 8, if the non-breaching party Company believes it is suffering irreparable injury, then the non-breaching party shall Company shall, notwithstanding the requirement of final and binding arbitration contemplated in Section 16 below, be entitled to institute legal proceedings to enforce the specific performance of this Agreement by the breaching party Executive and to enjoin the breaching party Executive from any further violation of the Agreement Sections 5(e), 7 or 8 and to exercise such remedies cumulatively or in conjunction with all other rights and remedies provided by law and not otherwise limited by this Agreement. The parties acknowledgeExecutive acknowledges, however, that the remedies at law for any breach by him of the provisions of Sections 5, 65(e), 7 or 8 may be inadequate. In addition, in the event the covenants set forth in Sections 5(e), 7 or 8 shall be determined by any court of competent jurisdiction to be unenforceable by reason of extending for too great a period of time or over too great a geographical area, by reason of being too restrictive or expansive, or by constituting an unlawful restraint of trade in any other respect, each such covenant shall be interpreted to extend over the maximum period of time and over a maximum geographical area for which it may be enforceable, and to the maximum extent in all other respects as to which it may be enforceable, and enforced as so interpreted, all as determined by such court in such action.

Appears in 2 contracts

Samples: Employment Agreement (Bioshield Technologies Inc), Employment Agreement (Bioshield Technologies Inc)

Injunctive Relief and Enforcement. In the event of breach by either party of the terms of Sections 5, 6, 7 or 8, if the non-breaching party believes it is suffering irreparable injury, then the non-breaching party shall be entitled to institute legal proceedings to enforce the specific performance of this Agreement by the breaching party and to enjoin the breaching party from any further violation of the Agreement and to exercise such remedies cumulatively or in conjunction with all other rights and remedies provided by law and not otherwise limited by this Agreement. The parties acknowledge, however, that the remedies at law for any breach of the provisions of Sections 5, 6, 7 or 8 may be inadequate. In addition, in the event the covenants set forth in Sections 5(e)5, 7 or 8 shall be determined by any court of competent jurisdiction to be unenforceable by reason of extending for too great a period of time or over too great a geographical area, by reason of being too restrictive or expansive, or by constituting an unlawful restraint of trade in any other respect, each such covenant shall be interpreted to extend over the maximum period of time and over a maximum geographical area for which it may be enforceable, and to the maximum extent in all other respects as to which it may be enforceable, and enforced as so interpreted, all as determined by such court in such action.

Appears in 1 contract

Samples: Employment Agreement (Bioshield Technologies Inc)

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Injunctive Relief and Enforcement. In the event of breach by either party the Executive of the terms of Sections 5, 65(d), 7 or 8, if the non-breaching party Company believes it is suffering irreparable injury, then the non-breaching party shall Company shall, notwithstanding the requirement of final and binding arbitration contemplated in Section 16 below, be entitled to institute legal proceedings to enforce the specific performance of this Agreement by the breaching party Executive and to enjoin the breaching party Executive from any further violation of the Agreement Sections 5(d), 7 or 8 and to exercise such remedies cumulatively or in conjunction with all other rights and remedies provided by law and not otherwise limited by this Agreement. The parties acknowledgeExecutive acknowledges, however, that the remedies at law for any breach by him of the provisions of Sections 5, 65(d), 7 or 8 may be inadequate. In addition, in the event the covenants set forth in Sections 5(e5(d), 7 or 8 shall be determined by any court of competent jurisdiction to be unenforceable by reason of extending for too great a period of time or over too great a geographical area, by reason of being too restrictive or expansive, or by constituting an unlawful restraint of trade in any other respect, each such covenant shall be interpreted to extend over the maximum period of time and over a maximum geographical area for which it may be enforceable, and to the maximum extent in all other respects as to which it may be enforceable, and enforced as so interpreted, all as determined by such court in such action.

Appears in 1 contract

Samples: Employment Agreement (Bioshield Technologies Inc)

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