Common use of Injunctive Relief; Remedies Clause in Contracts

Injunctive Relief; Remedies. 12.1 The Executive acknowledges and agrees that, in the event that the Executive shall violate or threaten to violate any of the restrictions of Sections 10 or 11 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 or posting any bond or other security, and without prejudice to any other remedies that the Company may have at law or in equity. 12.2 The Executive agrees further that the Company shall have the following additional rights and remedies: (a) to recover all monies and other consideration derived or received by the Executive as the result of any transactions constituting a breach of any of the provisions of Section 10.1, which the Executive hereby agrees to account for and pay over to the Company; and (b) to recover reasonable attorneys’ fees incurred in any action or proceeding in which it seeks to enforce its rights under Sections 10 or 11. 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.

Appears in 5 contracts

Samples: Employment Agreement (Steven Madden, Ltd.), Employment Agreement (Steven Madden, Ltd.), Employment Agreement (Steven Madden, Ltd.)

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Injunctive Relief; Remedies. 12.1 10.1 The Executive Employee acknowledges and agrees that, in the event that the Executive he shall violate or threaten to violate any of the restrictions of Sections 10 Paragraph 3 or 11 9 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 or posting any bond or other security, and without prejudice to any other remedies that the Company may have at law or in equity. 12.2 10.2 The Executive Employee agrees further that the Company shall have the following additional rights and remedies: (ai) recover to recover the Company all monies and other consideration derived or received by the Executive him as the result of any transactions constituting a breach of any of the provisions of Section 10.1Paragraph 7.1, which and the Executive Employee hereby agrees to account for and pay over such monies and other consideration to the Company; and (bii) The right to recover reasonable attorneys’ fees incurred in any action or proceeding in which it seeks to enforce its rights under Sections 10 or 11Paragraph 7 hereof. 12.3 10.3 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.

Appears in 1 contract

Samples: Employment Agreement (Steven Madden, Ltd.)

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