Common use of Injunctive Relief; Attorneys’ Fees Clause in Contracts

Injunctive Relief; Attorneys’ Fees. The parties agree that the remedy of damages at law for the breach by Employee of any of the covenants contained in this Section 12 is an inadequate remedy. In recognition of the irreparable harm that a violation by Employee of any of the covenants, agreements or obligations arising under this Agreement would cause RCC, Employee agrees that in addition to any other remedies or relief afforded by law, an injunction against an actual or threatened violation or violations may be issued against him/her and every other Person concerned thereby, it being the understanding of the parties that both damages and an injunction shall be proper modes of relief and are not to be considered alternative remedies. In the event of any such an actual or threatened violation, Employee agrees to pay the costs, expenses and reasonable attorneys’ fees incurred by the Company in pursuing any of its rights with respect to such actual or threatened violation, in addition to the actual damages sustained by the Company as a result thereof. Such costs, expenses, fees and damages shall not be payable by the Employee until a final judgment, from which no further appeal may be taken, has been entered in favor of the Company by a court of competent jurisdiction. If no such judgment is entered, the Employee shall not be liable for any such costs, expenses, fees or damages, and the Company shall reimburse the Employee for any costs, expenses and reasonable attorneys’ fees incurred by him/her in defending against the Company’s allegations.

Appears in 3 contracts

Samples: Employment Agreement (Rural Cellular Corp), Employment Agreement (Rural Cellular Corp), Employment Agreement (Rural Cellular Corp)

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Injunctive Relief; Attorneys’ Fees. The parties agree that the remedy of damages at law for the breach by Employee of any of the covenants contained in this Section 12 is an inadequate remedy. In recognition of the irreparable harm that a violation by Employee of any of the covenants, agreements or obligations arising under this Agreement would cause RCC, Employee agrees that in addition to any other remedies or relief afforded by law, an injunction against an actual or threatened violation or violations may be issued against him/her him and every other Person concerned thereby, it being the understanding of the parties that both damages and an injunction shall be proper modes of relief and are not to be considered alternative remedies. In the event of any such an actual or threatened violation, Employee agrees to pay the costs, expenses and reasonable attorneys' fees incurred by the Company in pursuing any of its rights with respect to such actual or threatened violation, in addition to the actual damages sustained by the Company as a result thereof. Such costs, expenses, fees and damages shall not be payable by the Employee until a final judgment, from which no further appeal may be taken, has been entered in favor of the Company by a court of competent jurisdiction. If no such judgment is entered, the Employee shall not be liable for any such costs, expenses, fees or damages, and the Company shall reimburse the Employee for any costs, expenses and reasonable attorneys' fees incurred by him/her him in defending against the Company’s 's allegations.

Appears in 2 contracts

Samples: Employment Agreement (Rural Cellular Corp), Employment Agreement (Rural Cellular Corp)

Injunctive Relief; Attorneys’ Fees. The parties agree that the remedy of damages at law for the breach by Employee of any of the covenants contained in this Section 12 is an inadequate remedy. In recognition of the irreparable harm that a violation by Employee of any of the covenants, agreements or obligations arising under this Agreement covenants contained in Sections 4 and 5 hereof would cause RCCthe Company, the Employee agrees that that, in addition to any other remedies or relief afforded by law, an injunction (both temporary and permanent) against an actual or threatened such violation or violations may be issued against him/him or her and every other Person person and entity concerned thereby, it being the understanding of the parties that both damages and an injunction shall be proper modes of relief and are not to be considered alternative remedies. Employee consents to the issuance of such injunction relief without the posting of a bond or other security. In the event of any such an actual or threatened violation, and the issuance of an preliminary injunction against Employee pursuant to Nevada Rules of Civil Procedure 65, THE EMPLOYEE AGREES TO PAY THE COSTS, EXPENSES AND REASONABLE ATTORNEYS’ FEES INCURRED BY THE COMPANY IN PURSUING ANY OF ITS RIGHTS WITH RESPECT TO SUCH VIOLATIONS, IN ADDITION TO THE ACTUAL DAMAGES SUSTAINED BY THE COMPANY AS A RESULT THEREOF. If; provided, however, that if there is a final determination by the Court that the Employee did not violate any of the covenants contained in Sections 4 and 5 hereof, Employee shall have no obligation to pay the foregoing costs, expenses and attorneys’ fees of the Company and the Company agrees to pay the costs, expenses and reasonable attorneys’ fees incurred by the Company Employee in pursuing any of its rights defending himself with respect to such actual or threatened violation, in addition to the actual damages sustained by the Company as a result thereof. Such costs, expenses, fees and damages shall not be payable by the Employee until a final judgment, from which no further appeal may be taken, has been entered in favor of the Company by a court of competent jurisdiction. If no such judgment is entered, the Employee shall not be liable for any such costs, expenses, fees or damages, and the Company shall reimburse the Employee for any costs, expenses and reasonable attorneys’ fees incurred by him/her in defending against the Company’s allegationsalleged violations.

Appears in 1 contract

Samples: Employment Agreement (Shuffle Master Inc)

Injunctive Relief; Attorneys’ Fees. The parties agree that the remedy of damages at law for the breach by Employee of any of the covenants contained in this Section 12 is an inadequate remedy. In recognition of the irreparable harm that a violation by Employee of any of the covenants, agreements or obligations arising under this Agreement covenants contained in Sections 4 and 5 hereof would cause RCCthe Company, the Employee agrees that that, in addition to any other remedies or relief afforded by law, an injunction (both temporary and permanent) against an actual or threatened such violation or violations may be issued against him/him or her and every other Person person and entity concerned thereby, it being the understanding of the parties that both damages and an injunction shall be proper modes of relief and are not to be considered alternative remedies. Employee consents to the issuance of such injunction relief without the posting of a bond or other security. In the event of any such an actual or threatened violation, and the issuance of an preliminary injunction against Employee pursuant to Nevada Rules of Civil Procedure 65, THE EMPLOYEE AGREES TO PAY THE COSTS, EXPENSES AND REASONABLE ATTORNEYS' FEES INCURRED BY THE COMPANY IN PURSUING ANY OF ITS RIGHTS WITH RESPECT TO SUCH VIOLATIONS, IN ADDITION TO THE ACTUAL DAMAGES SUSTAINED BY THE COMPANY AS A RESULT THEREOF; provided, however, that if there is a final determination by the Court that the Employee did not violate any of the covenants contained in Sections 4 and 5 hereof, Employee shall have no obligation to pay the foregoing costs, expenses and attorneys' fees of the Company and the Company agrees to pay the costs, expenses and reasonable attorneys' fees incurred by the Company Employee in pursuing any of its rights defending himself with respect to such actual or threatened violation, in addition to the actual damages sustained by the Company as a result thereof. Such costs, expenses, fees and damages shall not be payable by the Employee until a final judgment, from which no further appeal may be taken, has been entered in favor of the Company by a court of competent jurisdiction. If no such judgment is entered, the Employee shall not be liable for any such costs, expenses, fees or damages, and the Company shall reimburse the Employee for any costs, expenses and reasonable attorneys’ fees incurred by him/her in defending against the Company’s allegationsalleged violations.

Appears in 1 contract

Samples: Employment Agreement (Shuffle Master Inc)

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Injunctive Relief; Attorneys’ Fees. The parties agree that the remedy of damages at law for the breach by Employee of any of the covenants contained in this Section 12 is an inadequate remedy. In recognition of the irreparable harm that a violation by Employee of any of the covenants, agreements or obligations arising under this Agreement would cause RCC, Employee agrees that in addition to any other remedies or relief afforded by law, an injunction against an actual or threatened violation or violations may be issued against him/her and every other Person concerned thereby, it being the understanding of the parties that both damages and an injunction shall be proper modes of relief and are not to be considered alternative remedies. In the event of any such an actual or threatened violation, Employee agrees to pay the costs, expenses and reasonable attorneys' fees incurred by the Company in pursuing any of its rights with respect to such actual or threatened violation, in addition to the actual damages sustained by the Company as a result thereof. Such costs, expenses, fees and damages shall not be payable by the Employee until a final judgment, from which no further appeal may be taken, has been entered in favor of the Company by a court of competent jurisdiction. If no such judgment is entered, the Employee shall not be liable for any such costs, expenses, fees or damages, and the Company shall reimburse the Employee for any costs, expenses and reasonable attorneys' fees incurred by him/her in defending against the Company’s 's allegations.

Appears in 1 contract

Samples: Employment Agreement (Rural Cellular Corp)

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