Common use of Injunctive Relief and Other Remedies with Respect to Covenants Clause in Contracts

Injunctive Relief and Other Remedies with Respect to Covenants. The Executive acknowledges and agrees that the covenants and obligations of the Executive with respect to confidentiality and the return of property 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, JHFS and/or their Affiliates irreparable injury for which adequate remedies are not available at law. Therefore, the Executive agrees that the Company, JHFS and the Affiliates shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) restraining Executive from committing any violation of the covenants and obligations contained in this Section 11. These remedies are cumulative and are in addition to any other rights and remedies the Company, JHFS and/or the Affiliates may have at law or in equity. In no event shall an asserted violation of the provisions of this Section 11 constitute a basis for deferring or withholding any amounts otherwise payable to the Executive under this Agreement.

Injunctive Relief and Other Remedies with Respect to Covenants. The Executive acknowledges and agrees that the covenants and obligations of the Executive with respect to confidentiality and the return of Company property 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, JHFS and/or their Affiliates Company irreparable injury for which adequate remedies are not available at law. Therefore, the Executive agrees that the Company, JHFS and the Affiliates Company shall (i) be entitled to pursue an injunction, restraining order or such other equitable relief (without the requirement to post bond) restraining Executive from committing any violation of the covenants and obligations contained in this Section 11 and (ii) have no further obligation to make any payments to the Executive hereunder following any finding by a court or an arbitrator that the Executive has engaged in a material violation of the covenants and obligations contained in this Section 11. These remedies are cumulative and are in addition to any other rights and remedies the Company, JHFS and/or the Affiliates Company may have at law or in equity. In no event shall an asserted violation of the provisions of this Section 11 constitute a basis for deferring or withholding any amounts otherwise payable to the Executive under this Agreement.