Injunctive Relief and Other Remedies with Respect to Covenants. Executive acknowledges and agrees that the covenants and obligations of Executive as set forth in this Section 7 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. Executive further agrees that if, at any time, despite express agreement of the parties hereto, a court of competent jurisdiction holds that any portion of Section 7(b) through 7(f) of this Agreement is unenforceable for any reason, the maximum permissible restrictions of time, scope or geographic area as determined by such court, will be substituted for any such restrictions held unenforceable. In the event Executive’s breach (or threatened breach in the case of clause (i) below) of any of the covenants and obligations set forth in this Section 7, Executive agrees that the Company will (i) be entitled to an injunction, restraining order or such other equitable relief restraining Executive from violating such covenants and obligations contained in this Section 7, without requiring the Company to post any bond or surety therefor, and (ii) have no further obligation to make any payments to Executive hereunder. These remedies are cumulative and are in addition to any other rights and remedies the Company may have at law or in equity, including, but not limited to, recovery of costs and expenses such as reasonable attorneys’ fees by reason of any such breach, actual damages sustained by the Company as a result of any such breach, and cancellation of any unpaid salary, bonus, commissions or reimbursements otherwise outstanding at such time.
Appears in 2 contracts
Samples: Employment Agreement (Trulite Inc), Employment Agreement (Trulite Inc)
Injunctive Relief and Other Remedies with Respect to Covenants. Executive Employee acknowledges and agrees that the covenants and obligations of Executive employee as set forth in this Section 7 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. Executive Employee further agrees that if, at any time, despite express agreement of the parties hereto, a court of competent jurisdiction holds that any portion of Section 7(b) through 7(f) of this Agreement is unenforceable for any reason, the maximum permissible restrictions of time, scope or geographic area as determined by such court, will be substituted for any such restrictions held unenforceable. In the event Executiveemployee’s breach (or threatened breach in the case of clause (i) below) of any of the covenants and obligations set forth in this Section 7, Executive employee agrees that the Company will (i) be entitled to an injunction, restraining order or such other equitable relief restraining Executive employee from violating such covenants and obligations contained in this Section 7, without requiring the Company to post any bond or surety therefortherefore, and (ii) have no further obligation to make any payments to Executive employee hereunder. These remedies are cumulative and are in addition to any other rights and remedies the Company may have at law or in equity, including, but not limited to, recovery of costs and expenses such as reasonable attorneys’ fees by reason of any such breach, actual damages sustained by the Company as a result of any such breach, and cancellation of any unpaid salary, bonus, commissions or reimbursements otherwise outstanding at such time.
Appears in 2 contracts
Samples: Employment Agreement (Trulite Inc), Employment Agreement (Trulite Inc)
Injunctive Relief and Other Remedies with Respect to Covenants. Executive acknowledges and agrees that the covenants and obligations of Executive as set forth in this Section 7 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. Executive further agrees that if, at any time, despite express agreement of the parties hereto, a court of competent jurisdiction holds that any portion of Section 7(b) through 7(f) of this Agreement is unenforceable for any reason, the maximum permissible restrictions of time, scope or geographic area as determined by such court, will be substituted for any such restrictions held unenforceable. In the event Executive’s breach (or threatened breach in the case of clause (i) below) of any of the covenants and obligations set forth in this Section 7, Executive agrees that the Company will (i) be entitled to an injunction, restraining order or such other equitable relief restraining Executive from violating such covenants and obligations contained in this Section 7, without requiring the Company to post any bond or surety therefortherefore, and (ii) have no further obligation to make any payments to Executive hereunder. These remedies are cumulative and are in addition to any other rights and remedies the Company may have at law or in equity, including, but not limited to, recovery of costs and expenses such as reasonable attorneys’ fees by reason of any such breach, actual damages sustained by the Company as a result of any such breach, and cancellation of any unpaid salary, bonus, commissions or reimbursements otherwise outstanding at such time.
Appears in 2 contracts
Samples: Employment Agreement (Trulite Inc), Employment Agreement (Trulite Inc)