Common use of Injunctive Relief with Respect to Covenants Clause in Contracts

Injunctive Relief with Respect to Covenants. Forum, Venue and ------------------------------------------------------------- Jurisdiction. Executive acknowledges and agrees that the covenants, obligations ------------ and agreements of Executive contained in Sections 8, 9, 10, 11, 12 and 13 relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants, obligations or agreements will cause Employer irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that Employer shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain Executive from committing any violation of such covenants, obligations or agreements. These injunctive remedies are cumulative and in addition to any other rights and remedies Employer may have. Employer and Executive hereby irrevocably submit to the exclusive jurisdiction of the courts of Massachusetts and the Federal courts of the United States of America, in each case located in Boston, Massachusetts, in respect of the injunctive remedies set forth in this Section 13 and the interpretation and enforcement of Sections 8, 9, 10, 11, 12 and 13 insofar as such interpretation and enforcement relate to any request or application for injunctive relief in accordance with the provisions of this Section 13, and the parties hereto hereby irrevocably agree that (a) the sole and exclusive appropriate venue for any suit or pro - ceeding relating solely to such injunctive relief shall be in such a court, (b) - all claims with respect to any request or application for such injunctive relief shall be heard and determined exclusively in such a court, (c) any such court - shall have exclusive juris diction over the person of such parties and over the subject matter of any dispute relating to any request or application for such injunctive relief, and (d) each hereby waives any and all objections and - defenses based on forum, venue or personal or subject matter jurisdiction as they may relate to an application for such injunctive relief in a suit or proceeding brought before such a court in accordance with the provisions of this Section 13. Notwithstanding any other provision hereof, (i) Executive's - obligations under Sections 9, 10 and 11 are subject to timely payment by Employer of the amounts, if any, required to be paid to Executive pursuant to Section 7(f) (taking into account any reduction in such amounts permitted under Section 7(i)) and (ii) Employer's obligations to pay Executive any amount -- pursuant to Section 7(f) is subject to Executive's compliance with his obligations under Sections 9, 10 and 11.

Injunctive Relief with Respect to Covenants. Forum, Venue and ------------------------------------------------------------- Jurisdiction. Executive acknowledges and agrees that the covenants, obligations ------------ and agreements of Executive contained in Sections 8, 9, 10, 11, 12 and 13 11 through 16 (inclusive) relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants, obligations or agreements will cause Employer the Company irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that Employer the Company shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain Executive from committing any violation of such covenants, obligations or agreements. These injunctive remedies are cumulative and in addition to any other rights and remedies Employer the Company may have. Employer and Executive hereby irrevocably submit to the exclusive jurisdiction of the courts of Massachusetts and the Federal courts of the United States of America, in each case located in Boston, Massachusetts, in respect of the injunctive remedies set forth in this Section 13 and the interpretation and enforcement of Sections 8, 9, 10, 11, 12 and 13 insofar as such interpretation and enforcement relate All disputes not relating to any request or application for injunctive relief in accordance with the provisions of this Section 13, and the parties hereto hereby irrevocably agree that (a) the sole and exclusive appropriate venue for any suit or pro - ceeding relating solely to such injunctive relief 17 shall be in such a court, (b) - all claims with respect to any request or application for such injunctive relief shall be heard and determined exclusively in such a court, (c) any such court - shall have exclusive juris diction over the person of such parties and over the subject matter of any dispute relating to any request or application for such injunctive relief, and (d) each hereby waives any and all objections and - defenses based on forum, venue or personal or subject matter jurisdiction as they may relate to an application for such injunctive relief in a suit or proceeding brought before such a court resolved by arbitration in accordance with the provisions of this Section 1321(b). Notwithstanding any other provision hereof, (ithe Company’s obligations to pay Executive any amount or provide Executive with any benefit or right following a termination of Executive’s employment pursuant to Sections 7 and/or 10(f) is subject to Executive's - ’s compliance with his obligations under Sections 911 through 16, 10 inclusive, and 11 are subject in the event that Executive fails in any respect to timely payment by Employer comply with any such obligations or is deemed to have been terminated for Cause pursuant to Section 10(b), the Company’s obligations to make any additional payments or provide any additional benefits or other rights or entitlements to Executive pursuant to any provision of the amounts, if any, this Agreement shall immediately cease and Executive shall be required to be immediately repay to the Company all amounts theretofore paid to Executive pursuant to Section 7(f10(f). In addition, if not repaid, the Company shall have the right to set off, in accordance with (and to the extent permitted by) (taking into account Section 409A of the Code and the regulations promulgated thereunder, from any reduction in such amounts permitted under Section 7(i)) and (ii) Employer's obligations otherwise due to pay Executive any amount -- amounts previously paid pursuant to Section 7(f10(f) (other than the Accrued Obligations). Executive further agrees that the foregoing is subject to Executive's compliance with his obligations appropriate for any such breach inasmuch as actual damages cannot be readily calculated, the amount is fair and reasonable under the circumstances, and the Company would suffer irreparable harm if any of these Sections 9, 10 and 11were breached.

Injunctive Relief with Respect to Covenants. Forum, Venue and ------------------------------------------------------------- Jurisdiction. Executive acknowledges and agrees that the covenants, obligations ------------ and agreements of Executive contained in Sections 8, 9, 10, 11, 12 and 13 relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants, obligations or agreements will cause Employer irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that Employer shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain Executive from committing any violation of such covenants, obligations or agreements. These injunctive remedies are cumulative and in addition to any other rights and remedies Employer may have. Employer and Executive hereby irrevocably submit to the exclusive jurisdiction of the courts of Massachusetts and the Federal courts of the United States of America, in each case located in Boston, Massachusetts, in respect of the injunctive remedies set forth in this Section 13 and the interpretation and enforcement of Sections 8, 9, 10, 11, 12 and 13 insofar as such interpretation and enforcement relate to any request or application for injunctive relief in accordance with the provisions of this Section 13, and the parties hereto hereby irrevocably agree that (a) the sole - and exclusive appropriate venue for any suit or pro - ceeding proceeding relating solely to such injunctive relief shall be in such a court, (b) - all claims with respect to - any request or application for such injunctive relief shall be heard and determined exclusively in such a court, (c) any such court - shall have exclusive juris diction - jurisdiction over the person of such parties and over the subject matter of any dispute relating to any request or application for such injunctive relief, and (d) each hereby waives any and all objections and - defenses based on forum, venue - or personal or subject matter jurisdiction as they may relate to an application for such injunctive relief in a suit or proceeding brought before such a court in accordance with the provisions of this Section 13. Notwithstanding any other provision hereof, (i) Executive's - obligations under Sections 9, 10 and 11 are subject to timely payment by Employer of the amounts, if any, required to be paid to Executive pursuant to Section 7(f) (taking into account any reduction in such amounts permitted under Section 7(i)) and (ii) Employer's obligations to pay Executive any amount -- pursuant to Section 7(f) is subject to Executive's compliance with his obligations under Sections 9, 10 and 11.

Injunctive Relief with Respect to Covenants. Forum, Venue and ------------------------------------------------------------- Jurisdiction. Executive acknowledges and agrees that the covenants, obligations ------------ and agreements of Executive contained in Sections 8, 9, 10, 11, 12 and 13 11 through 16 (inclusive) relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants, obligations or agreements will cause Employer the Company irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that Employer the Company shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain Executive from committing any violation of such covenants, obligations or agreements. These injunctive remedies are cumulative and in addition to any other rights and remedies Employer the Company may have. Employer and Executive hereby irrevocably submit to the exclusive jurisdiction of the courts of Massachusetts and the Federal courts of the United States of America, in each case located in Boston, Massachusetts, in respect of the injunctive remedies set forth in this Section 13 and the interpretation and enforcement of Sections 8, 9, 10, 11, 12 and 13 insofar as such interpretation and enforcement relate All disputes not relating to any request or application for injunctive relief in accordance with the provisions of this Section 13, and the parties hereto hereby irrevocably agree that (a) the sole and exclusive appropriate venue for any suit or pro - ceeding relating solely to such injunctive relief 17 shall be in such a court, (b) - all claims with respect to any request or application for such injunctive relief shall be heard and determined exclusively in such a court, (c) any such court - shall have exclusive juris diction over the person of such parties and over the subject matter of any dispute relating to any request or application for such injunctive relief, and (d) each hereby waives any and all objections and - defenses based on forum, venue or personal or subject matter jurisdiction as they may relate to an application for such injunctive relief in a suit or proceeding brought before such a court resolved by arbitration in accordance with the provisions of this Section 1321(b). Notwithstanding any other provision hereof, (ithe Company’s obligations to pay Executive any amount or provide Executive with any benefit or right following a termination of Executive’s employment pursuant to Sections 7 and/or 10(f) is subject to Executive's - ’s compliance with his obligations under Sections 911 through 16, 10 inclusive, and 11 are subject in the event that Executive fails in any respect to timely payment by Employer comply with any such obligations or is deemed to have been terminated for Cause pursuant to Section 10(b), the Company’s obligations to make any additional payments or provide any additional benefits or other rights or entitlements to Executive pursuant to any provision of the amounts, if any, this Agreement shall immediately cease and Executive shall be required to be immediately repay to the Company all amounts theretofore paid to Executive pursuant to Section 7(f) (taking into account 10(f). In addition, if not repaid, the Company shall have the right to set off from any reduction in such amounts permitted under Section 7(i)) and (ii) Employer's obligations otherwise due to pay Executive any amount -- amounts previously paid pursuant to Section 7(f10(f) (other than the Accrued Obligations). Executive further agrees that the foregoing is subject to Executive's compliance with his obligations appropriate for any such breach inasmuch as actual damages cannot be readily calculated, the amount is fair and reasonable under the circumstances, and the Company would suffer irreparable harm if any of these Sections 9, 10 and 11were breached.

Injunctive Relief with Respect to Covenants. Forum, Venue and ------------------------------------------------------------- Jurisdiction. Executive acknowledges and agrees that the covenants, obligations ------------ and agreements of Executive contained in Sections 8, 9, 10, 11, 12 and 13 relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants, obligations or agreements will cause Employer irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that Employer shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain Executive from committing any violation of such covenants, obligations or agreements. These injunctive remedies are cumulative and in addition to any other rights and remedies Employer may have. Employer and Executive hereby irrevocably submit to the exclusive jurisdiction of the courts of Massachusetts and the Federal courts of the United States of America, in each case located in Boston, Massachusetts, in respect of the injunctive remedies set forth in this Section 13 and the interpretation and enforcement of Sections 8, 9, 10, 11, 12 and 13 insofar as such interpretation and enforcement relate to any request or application for injunctive relief in accordance with the provisions of this Section 13, and the parties hereto hereby irrevocably agree that (a) the sole and exclusive appropriate venue for any suit - or pro - ceeding proceeding relating solely to such injunctive relief shall be in such a court, (b) - all claims with respect to any request or application for such - injunctive relief shall be heard and determined exclusively in such a court, (c) - any such court - shall have exclusive juris diction jurisdiction over the person of such parties and over the subject matter of any dispute relating to any request or application for such injunctive relief, and (d) each hereby waives any and all - objections and - defenses based on forum, venue or personal or subject matter jurisdiction as they may relate to an application for such injunctive relief in a suit or proceeding brought before such a court in accordance with the provisions of this Section 13. Notwithstanding any other provision hereof, (i) Executive's - obligations under Sections 9, 10 and 11 are subject to timely payment by Employer of the amounts, if any, required to be paid to Executive pursuant to Section 7(f) (taking into account any reduction in such amounts permitted under Section 7(i)) and (ii) Employer's obligations to pay Executive any amount -- pursuant to Section 7(f) is subject to Executive's compliance with his obligations under Sections 9, 10 and 11.

Injunctive Relief with Respect to Covenants. Forum, Venue and ------------------------------------------------------------- Jurisdiction. Executive acknowledges and agrees that the covenants, obligations ------------ and agreements of Executive contained in Sections 8, 9, 10, 11, 12 and 13 relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants, obligations or agreements will cause Employer irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that Employer shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain Executive from committing any violation of such covenants, obligations or agreements. These injunctive remedies are cumulative and in addition to any other rights and remedies Employer may have. Employer and Executive hereby irrevocably submit to the exclusive jurisdiction of the courts of Massachusetts and the Federal courts of the United States of America, in each case located in Boston, Massachusetts, in respect of the injunctive remedies set forth in this Section 13 and the interpretation and enforcement of Sections 8, 9, 10, 11, 12 and 13 insofar as such interpretation and enforcement relate to any request or application for injunctive relief in accordance with the provisions of this Section 13, and the parties hereto hereby irrevocably agree that (a) the sole and exclusive appropriate venue for any suit or pro - ceeding proceeding relating solely to such injunctive relief shall be in such a court, (b) - all claims with respect to any request or application for such injunctive - relief shall be heard and determined exclusively in such a court, (c) any such - court - shall have exclusive juris diction jurisdiction over the person of such parties and over the subject matter of any dispute relating to any request or application for such injunctive relief, and (d) each hereby waives any and all objections and - defenses based on forum, venue or personal or subject matter jurisdiction as they may relate to an application for such injunctive relief in a suit or proceeding brought before such a court in accordance with the provisions of this Section 13. Notwithstanding any other provision hereof, (i) Executive's obligations - obligations under Sections 9, 10 and 11 are subject to timely payment by Employer of the amounts, if any, required to be paid to Executive pursuant to Section 7(f) (taking into account any reduction in such amounts permitted under Section 7(i)) and (ii) Employer's obligations to pay Executive any amount -- pursuant to Section -- 7(f) is subject to Executive's compliance with his obligations under Sections 9, 10 and 11.

Injunctive Relief with Respect to Covenants. Forum, Venue and ------------------------------------------------------------- Jurisdiction. Executive acknowledges and agrees that the covenants, obligations ------------ and agreements of Executive contained in Sections 8, 9, 10, 11, 12 and 13 relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants, obligations or agreements will cause Employer irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that Employer shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain Executive from committing any violation of such covenants, obligations or agreements. These injunctive remedies are cumulative and in addition to any other rights and remedies Employer may have. Parent, Employer and Executive each hereby irrevocably submit submits to the exclusive jurisdiction of the courts of Massachusetts California and the Federal courts of the United States of America, in each case located in BostonLos Angeles, MassachusettsCalifornia, in respect of the injunctive remedies set forth in this Section 13 and the interpretation and enforcement of Sections 8, 9, 10, 11, 12 and 13 insofar as such interpretation and enforcement relate to any request or application for injunctive relief in accordance with the provisions of this Section 13, and the parties hereto hereby irrevocably agree that (a) the sole and exclusive - appropriate venue for any suit or pro - ceeding proceeding relating solely to such injunctive relief shall be in such a court, (b) - all claims with respect to any request or - application for such injunctive injunc tive relief shall be heard and determined exclusively in such a court, (c) any such court - shall have exclusive juris diction - jurisdiction over the person of such parties and over the subject matter of any dispute relating to any request or application for such injunctive relief, and (d) each hereby waives any and all objections and - defenses based on forum, venue - or personal or subject matter jurisdiction as they may relate to an application for such injunctive relief in a suit or proceeding brought before such a court in accordance with the provisions of this Section 13. Notwithstanding any other provision hereof, (i) Executive's - obligations under Sections 9, 10 and 11 are subject to timely payment by Employer of the amounts, if any, required to be paid to Executive pursuant to Section 7(f) (taking into account any reduction in such amounts permitted under Section 7(i)) and (ii) Employer's obligations to pay Executive any amount -- pursuant to Section 7(f) is subject to Executive's compliance with his obligations under Sections 9, 10 and 11.

Injunctive Relief with Respect to Covenants. Forum, Venue and ------------------------------------------------------------- Jurisdiction. Executive acknowledges and agrees that the covenants, obligations ------------ and agreements of Executive contained in Sections 8, 9, 10, 11, 12 and 13 relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants, obligations or agreements will cause Employer irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that Employer shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain Executive from committing any violation of such covenants, obligations or agreements. These injunctive remedies are cumulative and in addition to any other rights and remedies Employer may have. Employer and Executive hereby irrevocably submit to the exclusive jurisdiction of the courts of Massachusetts and the Federal courts of the United States of America, in each case located in Boston, Massachusetts, in respect of the injunctive remedies set forth in this Section 13 and the interpretation and enforcement of Sections 8, 9, 10, 11, 12 and 13 insofar as such interpretation and enforcement relate to any request or application for injunctive relief in accordance with the provisions of this Section 13, and the parties hereto hereby irrevocably agree that (a) the sole and exclusive appropriate venue for any suit or pro - ceeding relating solely to such injunctive relief shall be in such a court, (b) - all claims with respect to any request or application for such injunctive relief shall be heard and determined exclusively in such a court, (c) any such court - shall have exclusive juris diction over the person of such parties and over the subject matter of any dispute relating to any request or application for such injunctive relief, and (d) each hereby waives any and all objections and - defenses based on forum, venue or personal or subject matter jurisdiction as they may relate to an application for such injunctive relief in a suit or proceeding brought before such a court in accordance with the provisions of this Section Sec tion 13. Notwithstanding any other provision hereof, (i) Executive's - obligations under Sections 9, 10 and 11 are subject to timely payment by Employer of the amounts, if any, required to be paid to Executive pursuant to Section 7(f) (taking into account any reduction in such amounts permitted under Section 7(i)) and (ii) Employer's obligations to pay Executive any amount -- pursuant to Section 7(f) is subject to Executive's compliance with his obligations under Sections 9, 10 and 11.

Injunctive Relief with Respect to Covenants. Forum, Venue and ------------------------------------------------------------- Jurisdiction. Executive ------------------------------------------- acknowledges and agrees that the covenants, obligations ------------ and agreements of Executive contained in Sections 8with respect to noncompetition, 9nonsolicitation, 10, 11, 12 confidentiality and 13 Employer property relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants, obligations or agreements will cause Employer irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that Employer shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain Executive from committing any violation of such the covenants, obligations or agreementsagreements referred to in this Section 13. These injunctive remedies are cumulative and in addition to any other rights and remedies Employer may have. If Employer does not substantially prevail in obtaining the injunctive relief it seeks, Employer shall reimburse the Executive for any legal expenses incurred by him in defending against the imposition of such injunctive relief. Employer, Holding and Executive hereby irrevocably submit to the exclusive jurisdiction of the courts of Massachusetts the State of New York and the Federal courts of the United States of America, in each case located in Boston, MassachusettsNew York City, in respect of the injunctive remedies set forth in this Section 13 and the interpretation and enforcement of Sections 8, 9, 10, 11, 12 and 13 insofar as such interpretation and enforcement relate to any request or application for injunctive relief in accordance with the provisions of this Section 13, and the parties hereto hereby irrevocably agree that (ai) the sole and exclusive appropriate venue for any suit or pro - ceeding proceeding relating solely to such injunctive relief shall be in such a court, (bii) - all claims with respect to any request or application for such injunctive -- relief shall be heard and determined exclusively in such a court, (ciii) any such --- court - shall have exclusive juris diction jurisdiction over the person of such parties and over the subject matter of any dispute relating to any request or application for such injunctive relief, relief and (div) each hereby waives any and all objections and - -- defenses based on forum, venue or personal or subject matter jurisdiction as they may relate to an application for such injunctive relief in a suit or proceeding brought before such a court in accordance with the provisions of this Section 13. Notwithstanding All disputes not relating to any other provision hereof, (i) Executive's - obligations under Sections 9, 10 and 11 are subject to timely payment request or application for injunctive relief in accordance with this Section 13 shall be resolved by Employer of the amounts, if any, required to be paid to Executive pursuant to arbitration as contemplated by Section 7(f) (taking into account any reduction in such amounts permitted under Section 7(i17(b)) and (ii) Employer's obligations to pay Executive any amount -- pursuant to Section 7(f) is subject to Executive's compliance with his obligations under Sections 9, 10 and 11.