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 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 irreparable injury for which adequate remedies are not available at law. Therefore, the Executive agrees that the 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 final 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 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. The Company may withhold amounts otherwise payable to the Executive and recoup amounts previously paid to the Executive under this Agreement following a final finding by a court or an arbitrator that Executive has engaged in a material violation of any of the provisions of the covenants and obligations contained herein.
Appears in 2 contracts
Samples: Employment Continuation Agreement (Michael Baker Corp), Employment Continuation Agreement (Michael Baker Corp)
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 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 irreparable injury for which adequate remedies are not available at law. Therefore, the Executive agrees that the 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 final 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 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. The Company may withhold amounts otherwise payable to the Executive and recoup amounts previously paid to the Executive under this Agreement following a final finding by a court or an arbitrator that Executive has engaged in a material upon any violation of any of the provisions of the covenants and obligations contained hereinthis Section 11.
Appears in 1 contract
Samples: Employment Continuation Agreement (Westinghouse Air Brake Technologies Corp)
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 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 irreparable injury for which adequate remedies are not available at law. Therefore, the Executive agrees that the 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 final 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 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. The Company may withhold amounts otherwise payable to the Executive and recoup amounts previously paid to the Executive under this Agreement following a final finding by a court or an arbitrator that Executive has engaged in a material violation of any of the provisions of the covenants and obligations contained herein.
Appears in 1 contract
Samples: Employment Continuation Agreement (Baker Michael Corp)
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 Company property set forth in this Section 12 relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants and obligations will may cause the Company irreparable injury for which adequate remedies are not available at law. Therefore, the Executive agrees that the Company shall (i) be entitled to pursue an injunction, restraining order or such other equitable relief (without the requirement to post bond) restraining the Executive from committing any violation of the covenants and obligations contained in this Section 11 12 and (ii) have no further obligation to make any payments to the Executive hereunder following any final 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 1112. These remedies are cumulative and are in addition to any other rights and remedies the 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. The Company may withhold amounts otherwise payable to the Executive and recoup amounts previously paid to the Executive under this Agreement following a final finding by a court or an arbitrator that Executive has engaged in a upon any material violation of any of the provisions of the covenants and obligations contained hereinof this Section 12, to the extent such violation is not cured following written notice thereof by the Company to the Executive and a reasonable opportunity to cure, to the extent curable.
Appears in 1 contract
Samples: Severance and Employment Continuation Agreement (Westinghouse Air Brake Technologies Corp)