Common use of Injunctive Relief; Remedies Clause in Contracts

Injunctive Relief; Remedies. 12.1 The Employee acknowledges and agrees that, in the event he shall violate or threaten to violate any of the restrictions of Paragraph 3 (with regard to the last clause thereof) or 7 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving damages. 12.2 The Employee agrees further that the Company shall have the following additional rights and remedies: (i) The right and remedy to require the Employee to account for and pay over to the Company all profits derived or received by him as the result of any transactions constituting a breach of any of the provisions of Paragraph 7.1, and the Employee hereby agrees to account for and pay over such profits to the Company; and (ii) The right to recover attorneys' fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph 7 hereof and is successful on any grounds. 12.3 Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "Jurisdiction"). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants.

Injunctive Relief; Remedies. 12.1 12.1. The Employee acknowledges and agrees that, in the event he shall violate or threaten to violate any of the restrictions of Paragraph Article 3 (with regard to the last clause thereof) or 7 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving monetary damages. 12.2 12.2. The Employee agrees further that the Company shall have the following additional rights and remedies: (i) The the right and remedy to require the Employee to account for and pay over to the Company all profits monies and other consideration derived or received by him as the result of any transactions constituting determined by an arbitrator or a court of competent jurisdiction to be a breach of any of the provisions of Paragraph Section 7.1, and the Employee hereby agrees to account for and pay over such profits monies and other consideration to the Company; and (ii) The the right to recover attorneys' ’ fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph Article 7 hereof and is successful on any grounds; provided, however, that, in the event the Employee is the prevailing party in any such action or proceeding, the Company will pay to the Employee all reasonable attorneys’ fees and costs incurred by the Employee in defending such action or proceeding. 12.3 12.3. Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "Jurisdiction"). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants.

Injunctive Relief; Remedies. 12.1 The In the event of any breach by you of the provisions of Sections 9, 11, 14, and 15 of this Agreement, the Company shall have no obligation to continue paying you any amounts or delivering to you any equity, as appropriate, that would otherwise be due to you, including amounts under Section 2 hereof; Employee’s Restricted Stock Awards which acceleration was vested hereunder; those Performance Share Units which have not yet been earned and issued as of the date of a breach of the covenants contained herein; the annual cash bonus for fiscal year 2024and Employee’s accrued balance under the Company Supplemental Executive Retirement Plan. All these amounts and equity awards shall be forfeited and no longer owed as of the date of any breach Sections 9, 11, 14, and 15 of this Agreement, and those amounts will be used by the Company to pay the attorneys’ fees and costs for specific enforcement of Sections 9, 11, 14 and 15 against Employee, which is necessary and reasonable given the legitimate, protectable business interests at issue. Employee acknowledges agrees that any remedy at law will be inadequate for any breach or threatened breach by Employee of any of the covenants contained in Sections 9, 11,14, and 15 of this Agreement, and that any breach or threatened breach of such covenants would cause such immediate, irreparable, and permanent damages as would be impossible to ascertain. Therefore, Employee agrees and consents that, in the event he shall violate of any breach or threaten to violate any threatened breach of the restrictions covenants contained in Sections 9, 11,14, and 15 of Paragraph 3 (with regard this Agreement, in addition to any and all other remedies available to the last clause thereof) Company for such breach or 7 hereofthreatened breach, including recovery of damages, the Company will be without an adequate remedy at law and will therefore shall be entitled to enforce such restrictions by temporary obtain preliminary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving damages. 12.2 The Employee agrees further that the Company shall have the following additional rights and remedies: (i) The right and remedy to require the Employee to account for and pay over to the Company all profits derived or received by him as the result of any transactions constituting a breach of any of the provisions of Paragraph 7.1, and the Employee hereby agrees to account for and pay over such profits to the Company; and (ii) The right to recover attorneys' fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph 7 hereof and is successful on any grounds. 12.3 Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "Jurisdiction"). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable actual damages by reason of the breadth of their scope such breach or otherwisethreatened breach and, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other Jurisdictionextent permitted by applicable law, as to breaches a temporary restraining order or similar procedural device may be granted immediately upon commencement of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenantsaction.

Injunctive Relief; Remedies. 12.1 The Employee acknowledges and agrees that, in the event he shall violate or threaten to violate any of the restrictions of Paragraph 3 (with regard to the last clause thereof) or 7 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving damages. 12.2 The Employee agrees further that the Company shall have the following additional rights and remedies: (i) The right and remedy to require the Employee to account for and pay over to the Company all profits monies and other consideration derived or received by him as the result of any transactions constituting a breach of any of the provisions of Paragraph 7.1, and the Employee hereby agrees to account for and pay over such profits monies and other consideration to the Company; and (ii) The right to recover attorneys' ’ fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph 7 hereof and is successful on any grounds. 12.3 Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceableenforce­able, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "“Jurisdiction"”). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's ’s right to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants.

Injunctive Relief; Remedies. 12.1 The Employee acknowledges and agrees that, in the event he shall violate or threaten to violate any of the restrictions of Paragraph Article 3 (with regard to the last clause thereof) or 7 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving monetary damages. 12.2 The Employee agrees further that the Company shall have the following additional rights and remedies: (i) The the right and remedy to require the Employee to account for and pay over to the Company all profits monies and other consideration derived or received by him as the result of any transactions constituting determined by an arbitrator or a court of competent jurisdiction to be a breach of any of the provisions of Paragraph Section 7.1, and the Employee hereby agrees to account for and pay over such profits monies and other consideration to the Company; and (ii) The the right to recover attorneys' ’ fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph Article 7 hereof and is successful on any grounds; provided, however, that, in the event the Employee is the prevailing party in any such action or proceeding, the Company will pay to the Employee all reasonable attorneys’ fees and costs incurred by the Employee in defending such action or proceeding. 12.3 Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph Section 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "“Jurisdiction"”). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's ’s right to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants.

Injunctive Relief; Remedies. 12.1 12.1. The Employee acknowledges and agrees that, in the event he she shall violate or threaten to violate any of the restrictions of Paragraph Article 3 (with regard to the last clause thereof) or 7 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving monetary damages. 12.2 12.2. The Employee agrees further that the Company shall have the following additional rights and remedies: (i) The the right and remedy to require the Employee to account for and pay over to the Company all profits monies and other consideration derived or received by him her as the result of any transactions constituting determined by an arbitrator or a court of competent jurisdiction to be a breach of any of the provisions of Paragraph Section 7.1, and the Employee hereby agrees to account for and pay over such profits monies and other consideration to the Company; and (ii) The the right to recover attorneys' ’ fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph Article 7 hereof and is successful on any grounds; provided, however, that, in the event the Employee is the prevailing party in any such action or proceeding, the Company will pay to the Employee all reasonable attorneys’ fees and costs incurred by the Employee in defending such action or proceeding. 12.3 12.3. Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "Jurisdiction"). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants.

Injunctive Relief; Remedies. 12.1 The Employee (A) Executive acknowledges and agrees that, in the event he shall violate or threaten to violate any of the restrictions of Paragraph 3 (with regard to the last clause thereof) Sections 6, 7 or 7 8 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving damages. 12.2 The Employee agrees (B) Executive and the Company further agree that the Company shall have the following additional rights and remedies: (i) The right and remedy to require the Employee to account for and pay over to the Company all profits derived or received by him as the result of any transactions constituting a breach of any of the provisions of Paragraph 7.1, and the Employee hereby agrees to account for and pay over such profits to the Company; and (ii) The right to recover attorneys' fees incurred prevailing party in any action or proceeding in which it either party to this Agreement seeks to enforce its their rights under Paragraph Sections 6, 7 and/or 8 hereof and is successful on any groundsshall have the right to seek attorneys’ fees. 12.3 (C) Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company parties hereto under law or in equity. 12.4 (D) The parties hereto intend to and hereby confer jurisdiction to grant injunctive relief in aid of arbitration or to enforce the covenants contained in Paragraph 7.1 Sections 6, 7 and/or 8 upon the courts of any jurisdiction within the geographical scope of such covenants (a "“Jurisdiction"”). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right ’s rights to the relief provided above in the courts of any other JurisdictionJurisdiction or at arbitration, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants. (E) The provisions of Sections 6, 7, 8 and 9 of this Agreement shall survive its earlier expiration or termination for any reason.

Injunctive Relief; Remedies. 12.1 The Employee acknowledges parties hereto hereby acknowledge and agrees agree that: (i) the Companies would be irreparably injured in the event of a breach or threatened breach by the Executive of any of his obligations contained in Section 5 through Section 9; (ii) monetary damages would not be an adequate remedy for such breach; and (iii) the Companies shall be entitled to injunctive relief, in addition to any other remedy which they may have, in the event he of such breach. Injunctive relief shall violate include, but not be limited to, a temporary restraining order and/or a preliminary or threaten permanent injunction to violate restrain or enjoin any violation or threatened violation of this Agreement. The Companies shall be entitled to immediate injunctive relief without notice and without the restrictions posting of Paragraph 3 (with regard any bond. The parties hereto hereby acknowledge that, in addition to any other rights and remedies the last clause thereof) or 7 Companies may have under Section 10 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving damages. 12.2 The Employee agrees further that the Company Companies shall have the following additional rights and remedies: (i) The right and remedy to require the Employee Executive to account for and pay over to the Company Companies all profits compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him the Executive as the result of any transactions constituting a breach of any of the provisions of Paragraph 7.1Section 5 through Section 9, and the Employee Executive hereby agrees to account for and pay over such profits Benefits to the Company; and (ii) The right Companies. In addition, the Companies shall be entitled to recover from the Executive all costs, expenses, and reasonable attorneys' fees incurred by the Companies in seeking either enforcement of this Agreement or damages for its breach, or in defending any action brought by the Executive to challenge or proceeding construe the terms of this Agreement. Furthermore, the Companies shall also be entitled to recover prejudgment interest on all amounts recovered in which it seeks to enforce its rights under Paragraph 7 hereof and is successful on any grounds. 12.3 the amount of ten percent (10%) per annum. Each of the rights and remedies enumerated above in this Section 10 shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Companies under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "Jurisdiction"). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it It is the intention intent of the parties hereto that the restrictions and covenants contained in Section 5 through Section 9 shall be enforced to the fullest extent permissible under the laws and public policies of each jurisdiction in which enforcement is sought (the Executive hereby acknowledging that said restrictions are reasonably necessary for the protection of the Companies). Accordingly, it is hereby agreed that if any of the provisions of Section 5 through Section 9 shall be adjudicated to be invalid or unenforceable for any reason whatsoever, said provision shall be (only with respect to the operation thereof in the particular jurisdiction in which such determination not bar adjudication is made) construed by limiting and reducing it so as to be enforceable to the extent permissible, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of said provision in any way affect other jurisdiction. The parties agree that if the Company's right to Executive has violated any of the restrictions or covenants in Section 5 through Section 9, or if there is a basis for the granting of injunctive relief provided above in accordance with the courts terms of any other Jurisdictionthis Agreement, as to breaches then the period of all of the restrictions and covenants set forth in Section 5 through Section 9 automatically shall be extended by the number of days during which: (i) the Executive was in violation of such covenants in restriction or covenant; or (ii) such other respective Jurisdictionsa basis for the granting of injunctive relief existed, whichever period is longer. The Executive agrees to provide a copy of this Agreement to any person or entity that employs or attempts to employ him during the above covenants as they relate to each Jurisdiction being, for term of this purpose, severable into diverse and independent covenantsAgreement.

Injunctive Relief; Remedies. 12.1 The Employee acknowledges parties hereto hereby acknowledge and agrees agree that: (i) the Company would be irreparably injured in the event of a breach or threatened breach by the Executive of his obligations contained in Section 5 through Section 7; (ii) monetary damages would not be an adequate remedy for such breach; and (iii) the Company shall be entitled to injunctive relief, in addition to any other remedy which it may have, in the event he of such breach. Injunctive relief shall violate include, but not be limited to, a temporary restraining order and/or a preliminary or threaten permanent injunction to violate restrain or enjoin any violation or threatened violation of the restrictions of Paragraph 3 (with regard to the last clause thereof) or 7 hereof, the this Agreement. The Company will be without an adequate remedy at law and will therefore shall be entitled to enforce such restrictions by temporary or permanent immediate injunctive or mandatory relief in any court of competent jurisdiction without notice and without the necessity posting of proving damages. 12.2 any bond. The Employee agrees further that parties hereto hereby acknowledge that, in addition to any other rights and remedies the Company may have under Section 8 hereof, the Company shall have the following additional rights and remedies: (i) The right and remedy to require the Employee Executive to account for and pay over to the Company all profits compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him the Executive as the result of any transactions constituting a breach of any of the provisions of Paragraph 7.1Section 5 through Section 7, and the Employee Executive hereby agrees to account for and pay over such profits Benefits to the Company; and (ii) The right . In addition, the Company shall be entitled to recover from the Executive all costs, expenses, and reasonable attorneys' fees incurred by the Company in seeking either enforcement of this Agreement or damages for its breach, or in defending any action brought by the Executive to challenge or proceeding construe the terms of this Agreement. Furthermore, the Company shall also be entitled to recover prejudgment interest on all amounts recovered in which it seeks to enforce its rights under Paragraph 7 hereof and is successful on any grounds. 12.3 the amount of ten percent (10%) per annum. Each of the rights and remedies enumerated above in this Section 8 shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "Jurisdiction"). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it It is the intention intent of the parties hereto that the restrictions and covenants contained in Section 5 through Section 7 shall be enforced to the fullest extent permissible under the laws and public policies jurisdiction in which enforcement is sought (the Executive hereby acknowledging that said restrictions are reasonably necessary for the protection of the Company). Accordingly, it is hereby agreed that if any of the provisions of Section 5 through Section 7 shall be adjudicated to be invalid or unenforceable for any reason whatsoever, said provision shall be (only with respect to the operation thereof in the particular jurisdiction in which such determination not bar adjudication is made) construed by limiting and reducing it so as to be enforceable to the extent permissible, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of said provision in any way affect other jurisdiction. The parties agree that if the Company's right to Executive has violated any of the restrictions or covenants in Section 5 through Section 7, or if there is a basis for the granting of injunctive relief provided above in accordance with the courts terms of any other Jurisdictionthis Agreement, as to breaches then the period of all of the restrictions and covenants set forth in Section 5 through Section 7 automatically shall be extended by the number of days during which: (i) the Executive was in violation of such covenants in restriction or covenant; or (ii) such other respective Jurisdictionsa basis for the granting of injunctive relief existed, whichever period is longer. The Executive agrees to provide a copy of this Agreement to any person or entity that employs or attempts to employ him during the above covenants as they relate to each Jurisdiction being, for term of this purpose, severable into diverse and independent covenantsAgreement.

Injunctive Relief; Remedies. 12.1 The Employee acknowledges and agrees that, in the event he shall violate or threaten to violate any of the restrictions of Paragraph Article 3 (with regard to the last clause thereof) or 7 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving monetary damages. 12.2 The Employee agrees further that the Company shall have the following additional rights and remedies: (ia) The the right and remedy to require the Employee to account for and pay over to the Company all profits monies and other consideration derived or received by him as the result of any transactions constituting determined by an arbitrator or a court of competent jurisdiction to be a breach of any of the provisions of Paragraph Section 7.1, and the Employee hereby agrees to account for and pay over such profits monies and other consideration to the Company; and (iib) The the right to recover attorneys' ’ fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph Article 7 hereof and is successful on any grounds; provided, however, that, in the event the Employee is the prevailing party in any such action or proceeding, the Company will pay to the Employee all reasonable attorneys’ fees and costs incurred by the Employee in defending such action or proceeding. 12.3 Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph Section 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "“Jurisdiction"”). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's ’s right to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants.

Injunctive Relief; Remedies. 12.1 11.1 The Employee acknowledges and agrees that, in the event he shall violate or threaten to violate any of the restrictions of Paragraph 3 (with regard to the last clause thereof) or 7 6 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving damages. 12.2 11.2 The Employee agrees further that the Company shall have the following additional rights and remedies: (i) The right and remedy to require the Employee to account for and pay over to the Company all profits derived or received by him as the result of any transactions constituting a breach of any of the provisions of Paragraph 7.16.1, and the Employee hereby agrees to account for and pay over such profits to the Company; and (ii) The right to recover attorneys' fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph 7 6 hereof and is successful on any grounds. 12.3 11.3 Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 11.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 6.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "Jurisdiction"). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants.

Injunctive Relief; Remedies. 12.1 The Employee acknowledges and agrees that, in the event he shall violate or threaten to violate any of the restrictions of Paragraph 3 (with regard to the last clause thereof) or 7 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving damages. 12.2 The Employee agrees further that the Company shall have the following additional rights and remedies: (i) The right and remedy to require the Employee to account for and pay over to the Company all profits derived or received by him as the result of any transactions constituting a breach of any of the provisions of Paragraph 7.1, and the Employee hereby agrees to account for and pay over such profits to the Company; and (ii) The right to recover attorneys' ’ fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph 7 hereof and is successful on any grounds. 12.3 Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceableenforce­able, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "“Jurisdiction"”). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's ’s right to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants.

Injunctive Relief; Remedies. 12.1 The Employee acknowledges and agrees that, in the event he shall violate or threaten to violate any of the restrictions of Paragraph 3 (with regard to the last clause thereof) or 7 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving damages. 12.2 The Employee agrees further that the Company shall have the following additional rights and remedies: (i) The right and remedy to require the Employee to account for and pay over to the Company all profits derived or received by him as the result of any transactions constituting a breach of any of the provisions of Paragraph 7.1, and the Employee hereby agrees to account for and pay over such profits to the Company; and (ii) The right to recover attorneys' ’ fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph 7 hereof and is successful on any grounds. 12.3 Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceableenforce-able, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "“Jurisdiction"”). In the event that the courts of any one or more of such Jurisdictions Jurisdic-tions shall hold such covenants unenforceable unenforce-able by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's ’s right to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants.

Injunctive Relief; Remedies. 12.1 The Employee acknowledges and agrees that, in the event he shall violate or threaten to violate any of the restrictions of Paragraph 3 (with regard to the last clause thereof) or 7 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving damages. 12.2 The Employee agrees further that the Company shall have the following additional rights and remedies: (i) The right and remedy to require the Employee to account for and pay over to the Company all profits derived or received by him as the result of any transactions constituting a breach of any of the provisions of Paragraph 7.1, and the Employee hereby agrees to account for and pay over such profits to the Company; and (ii) The right to recover attorneys' fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph 7 hereof and is successful on any grounds. 12.3 Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "Jurisdiction"). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants.

Injunctive Relief; Remedies. 12.1 The Employee acknowledges and agrees that, in the event he shall violate or threaten to violate any of the restrictions of Paragraph Article 3 (with regard to the last clause thereof) or 7 hereof, the Company will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving monetary damages. 12.2 The Employee agrees further that the Company shall have the following additional rights and remedies: (i) The the right and remedy to require the Employee to account for and pay over to the Company all profits monies and other consideration derived or received by him as the result of any transactions constituting determined by an arbitrator or a court of competent jurisdiction to be a breach of any of the provisions of Paragraph Section 7.1, and the Employee hereby agrees to account for and pay over such profits monies and other consideration to the Company; and (ii) The the right to recover attorneys' fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph Article 7 hereof and is successful on any grounds; provided, however, that, in the event the Employee is the prevailing party in any such action or proceeding, the Company will pay to the Employee all reasonable attorneys' fees and costs incurred by the Employee in defending such action or proceeding. 12.3 Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceableenforce-able, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph Section 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "Jurisdiction"). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants.

Injunctive Relief; Remedies. 12.1 (A) The Employee Executive acknowledges and agrees that, in the event he shall violate or threaten to violate any of the restrictions of Paragraph 3 (with regard to the last clause thereof) Sections 6 or 7 hereof, the Company Aceto will be without an adequate remedy at law and will therefore be entitled to enforce such restrictions by temporary or permanent injunctive or mandatory relief in any court of competent jurisdiction without the necessity of proving damages. 12.2 (B) The Employee Executive agrees further that the Company Aceto shall have the following additional rights and remedies: (i) The right and remedy to require the Employee Executive to account for and pay over to the Company Aceto all profits monies and other consideration derived or received by him as the result of any transactions constituting a breach of any of the provisions of Paragraph 7.1Sections 6 and/or 7, and the Employee Executive hereby agrees to account for and pay over such profits monies and other consideration to the CompanyAceto; and (ii) The right to recover attorneys' ’ fees incurred in any action or proceeding in which it seeks to enforce its rights under Paragraph Sections 6 and/or 7 hereof and is successful on any grounds. 12.3 (C) Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceableenforce-able, and all of such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Aceto under law or in equity. 12.4 (D) The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 Sections 6 and/or 7 upon the courts of any jurisdiction within the geographical scope of such covenants (a "“Jurisdiction"”). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right Xxxxx’x rights to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants. (E) The provisions of Sections 6, 7 and 8 of this Agreement shall survive its earlier expiration or termination for any reason.

Injunctive Relief; Remedies. 12.1 (a) If any party fails to perform any obligation contained in this Agreement, the party claiming default will serve written notice to the other party specifying the nature of such default and demanding performance. If such a default by Seller is of a nature that would cause a failure of one or more of the conditions to Closing set forth in Section 9.2 to be satisfied, and such default has not been cured within the sooner of ten (10) days after receipt of such default notice or the Termination Date and each of the conditions contained in Section 9.1 has been either fulfilled in all material respects or waived in writing by Seller, Buyer will be entitled to exercise all remedies arising at law by reason of such default, including, without limitation, termination of this Agreement pursuant to Article X. If such a default by Buyer is of a nature that would cause a failure of one or more of the conditions to Closing set forth in Section 9.1 to be satisfied, and such default has not been cured within the sooner of ten (10) days after receipt of such default notice or the Termination Date and each of the conditions contained in Section 9.2 has been either fulfilled in all material respects or waived in writing by Buyer, Seller will be entitled to exercise all remedies arising at law by reason of such default, including, without limitation, termination of this Agreement pursuant to Article X. The Employee acknowledges parties agree that any breach or threatened breach by Seller of or its Affiliates of Section 7.2 of this Agreement would result in substantial and irreparable damage to Buyer, the amount of which would be difficult, if not impossible, to ascertain. Therefore, Seller agrees that, that in the event he of any such breach or threatened breach thereof, Buyer shall violate or threaten to violate any of have the restrictions of Paragraph 3 (with regard to the last clause thereof) or 7 hereof, the Company will be without an adequate remedy at law and will therefore be entitled right to enforce such restrictions Section 7.2 of this Agreement by temporary preliminary or permanent injunctive or mandatory other relief in any court of competent jurisdiction equity, without the necessity of proving damages. 12.2 any actual damages or providing any bond or other security. The Employee agrees further that right of Buyer to obtain injunctive or other equitable relief to enforce the Company terms of Section 7.2 hereof shall have the following additional be in addition to all other rights and remedies: (i) The remedies it may otherwise have at law, in equity, or otherwise. Such right and remedy to require obtain injunctive or other equitable relief may be exercised, at the Employee to account for and pay over to option of Buyer, concurrently with, prior to, after, or in lieu of the Company all profits derived exercise of any other rights or received by him remedies which Buyer may have as the a result of any transactions constituting a breach or threatened breach of any of the provisions of Paragraph 7.1, and the Employee hereby agrees to account for and pay over such profits to the Company; andSection 7.2. (iib) The right to recover attorneys' fees incurred prevailing party or parties in any action or proceeding in which it seeks brought to enforce its rights under Paragraph 7 hereof and is successful on any grounds. 12.3 Each provision of the rights and remedies enumerated above this Agreement shall be independent of the other, entitled to recover all reasonable attorneys’ fees and shall be severally enforceable, disbursements and all of such rights and remedies shall be other out-of-pocket costs incurred in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equityconnection therewith. 12.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Paragraph 7.1 upon the courts of any jurisdiction within the geographical scope of such covenants (a "Jurisdiction"). In the event that the courts of any one or more of such Jurisdictions shall hold such covenants unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other Jurisdiction, as to breaches of such covenants in such other respective Jurisdictions, the above covenants as they relate to each Jurisdiction being, for this purpose, severable into diverse and independent covenants.