Injunctive Relief, etc. The parties hereto hereby acknowledge and agree that (i) the Company would be irreparably injured in the event of a breach by the Executive of any of his obligations under this Section 7; (ii) monetary damages would not be an adequate remedy for any such breach; and (iii) the Company shall be entitled to injunctive relief, in addition to any other remedies that it may have, in the event of any such breach. It is hereby also agreed that the existence of any claims that the Executive may have against the Company or any of its subsidiaries, whether under this Agreement or otherwise, shall not be a defense to the enforcement by the Company of any of its rights under this Section 7. If the Company shall commence an injunctive action against the Executive in a court of competent jurisdiction, the Executive may commence an action in such court, in lieu of the arbitration of claims under Section 6 hereof, and upon the Executive’s commencement of such action, the provisions of Section 6 hereof shall be null and void and of no further effect.
Appears in 4 contracts
Samples: Employment Agreement (Artesyn Technologies Inc), Employment Agreement (Artesyn Technologies Inc), Employment Agreement (Artesyn Technologies Inc)
Injunctive Relief, etc. The parties hereto hereby acknowledge and agree that (i) the Company would be irreparably injured in the event of a breach by the Executive of any of his obligations under this Section 7; (ii) monetary damages would not be an adequate remedy for any such breach; and (iii) the Company shall be entitled to injunctive relief, in addition to any other remedies that it may have, in the event of any such breach. It is hereby also agreed that the existence of any claims that the Executive may have against the Company or any of its subsidiaries, whether under this Agreement or otherwise, shall not be a defense to the enforcement by the Company of any of its rights under this Section 7. If the Company shall commence an injunctive action against the Executive in a court of competent jurisdiction, the Executive may commence an action in such court, in lieu of the arbitration of claims under Section 6 hereof, and upon the Executive’s 's commencement of such action, the provisions of Section 6 hereof shall be null and void and of no further effect.
Appears in 2 contracts
Samples: Employment Agreement (Artesyn Technologies Inc), Employment Agreement (Artesyn Technologies Inc)