Injunctive Relief; Damages. Upon a breach or threatened breach by Employee of any of the provisions of this Agreement, the Company shall be entitled to an injunction restraining Employee from such breach without posting a bond. Nothing herein shall be construed as prohibiting the Company from pursuing any other remedies for such breach or threatened breach, including recovery of damages from Employee.
Injunctive Relief; Damages. Because of the difficulty of measuring economic losses to the Company as a result of a breach of the foregoing covenants in this Section 5, and because of the immediate and irreparable damage that could be caused to the Company for which it would have no other adequate remedy, the Executive agrees that the foregoing covenants may be enforced by the Company in the event of breach by the Executive, by injunctions and restraining orders. Nothing herein shall be construed as prohibiting the Company from pursuing any other available remedy for such breach or threatened breach, including the recovery of damages.
Injunctive Relief; Damages. Executive acknowledges that damages for any breach of Sections 9 through 11 of this Agreement may be difficult to determine and inadequate to remedy the harm which may be caused and, therefore, consents that such Sections may be enforced by temporary or permanent injunction. Such injunctive relief shall be in addition to and not in place of any other remedies available at law or equity, including damages. Should any court or tribunal decline to enforce such sections of this Agreement on the basis that such provisions are overly restrictive of activities of Executive as to time, scope or geography, such provisions shall be deemed to be modified to restrict Executive’s activities to the maximum extent of time, scope and geography which such court or tribunal shall find enforceable, and such provisions shall be so enforced.
Injunctive Relief; Damages. Because of the difficulty of measuring economic losses to Healthworld as a result of a breach of the foregoing covenants in this Section 13, and because of the immediate and irreparable damage that could be caused to Healthworld for which it would have no other adequate remedy, the U.K. Stockholder agrees that the foregoing covenants may be enforced by Healthworld in the event of breach by the U.K. Stockholder, by injunctions and restraining orders. Nothing herein shall be construed as prohibiting Healthworld from pursuing any other available remedy for such breach or threatened breach, including the recovery of damages.
Injunctive Relief; Damages. Employee acknowledges that any breach of this Agreement will cause irreparable injury to MCBC and that money damages alone would be inadequate to compensate it. Upon a breach or threatened breach by Employee of any of this Agreement, the Company shall be entitled to a temporary restraining order, preliminary injunction, permanent injunction or other relief restraining Employee from such breach without posting a bond. Nothing herein shall be construed as prohibiting MCBC from pursuing any other remedies for such breach or threatened breach, including recovery of damages from Employee.
Injunctive Relief; Damages. Executive agrees that violation of or threatened violation of any of paragraphs 8, 9, 10 or 11 would cause irreparable injury to the Company for which any remedy at law would be inadequate, and the Company shall be entitled in any court of law or equity of competent jurisdiction to preliminary, permanent and other injunctive relief against any breach or threatened breach of the provisions contained in any of said paragraphs 8, 9, 10 or 11 hereof, and such compensatory damages as shall be awarded. Further, in the event of a violation of the provisions of paragraph 11, the Non-Compete and Non-Solicitation Periods referred to therein shall be extended for a period of time equal to the period that any violation occurred.
Injunctive Relief; Damages. The Parties agree that breaches of the confidentiality provisions herein will cause the non-breaching Party to suffer irreparable harm and be without an adequate remedy at law, and that the non- breaching Party shall be entitled to injunctive or equitable relief (without being required to post any bond or other security) from a court of competent jurisdiction in order to prevent, prohibit or restrain any such breach or violation. Resort by a Party to injunctive or other equitable relief shall not be deemed a waiver of such Party’s other rights or remedies under the terms of this Agreement or otherwise.
Injunctive Relief; Damages. Subject to Section 5.3, the Parties agree that irreparable harm would occur for which money damages would not be an adequate remedy at Law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. Accordingly, the Parties agree that, in the event of any breach or threatened breach of this Agreement by a Party, the non-breaching Party will be entitled, without the requirement of posting a bond or other security, to equitable relief, including injunctive relief and specific performance, and the Parties shall not object to the granting of injunctive or other equitable relief on the basis that there exists an adequate remedy at Law. Subject to Section 5.3 and this Section 6.3, such remedies will not be the exclusive remedies for any breach of this Agreement but will be in addition to all other remedies available at Law or equity to each of the Parties. In any action to enforce the terms of this Agreement, including any action for equitable relief or to recover damages for any violations herein, it shall not be a defense, and no Party shall assert any claim, cause of action, defense, legal or equitable remedy (including rescission), or theory that any provision of this Agreement is invalid, non-binding, unenforceable or illegal on the basis that federal law may restrict or prohibit the activities and transactions contemplated hereby that involve cannabis, or products relating thereto, and the parties hereby waive all such claims, causes of action, defenses, remedies, and theories, to the extent permitted under federal law and applicable Law. In connection with any claim for damages by a Party for any violation of this Agreement by any other Party, and in the absence of fraud, gross negligence or wilful misconduct by such other Party (for which, in each case, there shall be no limitation), the maximum aggregate liability of any Party hereto shall not exceed US$100,000.
Injunctive Relief; Damages. PC hereby acknowledges, on behalf of itself and the PC Representatives, its understanding and agreement that a violation of this Article 7 will cause irreparable harm to Manager, the exact amount of which will be impossible to ascertain, and for that reason they agree that Manager shall be entitled to seek, without the necessity of showing any actual damage or posting a bond (unless required by Law), from any court of competent jurisdiction temporary or permanent injunctive relief and/or specific performance of this Agreement restraining PC or any person from any act prohibited by this Article 7. Nothing in this paragraph shall limit Manager’s right to recover any other damages or remedies to which it is entitled as a result of a breach of this Article 7 by PC, a PC Representative or any other person. If any one or more of the provisions of this Article 7 or any word, phrase, clause, sentence or other portion of this Article 7 (including, without limitation, the geographical, duration or scope of activity restrictions contained in this Article 7) shall be held to be unenforceable or invalid for any reason, such provision or portion of provision shall be modified or deleted in such a manner so as to make this Article 7, as modified, legal and enforceable to the fullest extent permitted under applicable Law.
Injunctive Relief; Damages. (a) Each party acknowledges that damages for any breach of Sections 8 and 9 of this Agreement may be difficult to determine and, therefore, consents that in the event of a breach of Sections 8 and 9 of this Agreement, the restrictions contained in such Sections may be enforced by temporary or permanent injunction. Such injunctive relief shall be in addition to and not in place of any other remedies available at law or in equity. Furthermore, the specified duration of the restrictive covenants in Section 9 shall be extended by and for the term of any period during which Consultant and/or Xx. Xxxxxx is in violation of any such covenant. Should any court or tribunal decline to enforce any provisions of Sections 8 or 9 on the basis that such provisions are overly restrictive of the activities of Consultant or Xx. Xxxxxx as to time, scope or geography, such provisions shall be deemed to be modified to restrict Consultant’s and Xx. Xxxxxx’x activities to the maximum extent of time, scope and geography which such court or tribunal shall find enforceable.
(b) In the event of any proceeding or action initiated by a party hereunder, all parties shall bear their own legal fees and expenses.