Injunctive Remedies. (a) I acknowledge and agree that the restrictions contained in this TSPI Agreement are reasonably necessary to protect the legitimate business interests of the Company, and that any violation of any of the restrictions will result in immediate and irreparable injury to the Company for which monetary damages will not be an adequate remedy. I further acknowledge and agree that if any such restriction is violated, the Company will be entitled to immediate relief enjoining such violation (including, without limitation, temporary and permanent injunctions, a decree for specific performance, and an equitable accounting of earnings, profits, and other benefits arising from such violation) in any court having jurisdiction over such claim, without the necessity of showing any actual damage or posting any bond or furnishing any other security, and that the specific enforcement of the provisions of this TSPI Agreement will not diminish my ability to earn a livelihood or create or impose upon me any undue hardship. I also agree that any request for such relief by the Company shall be in addition to, and without prejudice to, any claim for monetary damages that the Company may elect to assert. (b) I acknowledge and agree that if I breach or threaten to breach this TSPI Agreement, I shall be required to reimburse the Company for all reasonable costs incurred in preventing and remedying such breach or threatened breach, including but not limited to attorneys’ fees.
Appears in 8 contracts
Samples: Employment Agreement (TC3 Health, Inc.), Employment Agreement (TC3 Health, Inc.), Employment Agreement (TC3 Health, Inc.)
Injunctive Remedies. (a) I acknowledge and agree that the restrictions contained in this TSPI Agreement are reasonably necessary to protect the legitimate business interests of the Company, and that any violation of any of the restrictions will result in immediate and irreparable injury to the Company for which monetary damages will not be an adequate remedy. I further acknowledge and agree that if any such restriction is violated, the Company will be entitled to immediate relief enjoining such violation (including, without limitation, temporary and permanent injunctions, a decree for specific performance, and an equitable accounting of earnings, profits, and other benefits arising from such violation) in any court having jurisdiction over such claim, without the necessity of showing any actual damage or posting any bond or furnishing any other security, and that the specific enforcement of the provisions of this TSPI Agreement will not diminish my ability to earn a livelihood or create or impose upon me any undue hardship. I also agree that any request for such relief by the Company shall be in addition to, and without prejudice to, any claim for monetary damages that the Company may elect to assert.
(b) I acknowledge and agree that if I breach or threaten to breach this TSPI Agreement, I shall be required to reimburse the Company for all reasonable costs incurred in preventing and remedying such breach or threatened breach, including but not limited to attorneys’ fees.
Appears in 5 contracts
Samples: Employment Agreement (Change Healthcare Holdings, Inc.), Employment Agreement (Emdeon Inc.), Employment Agreement (Emdeon Inc.)
Injunctive Remedies. (a) I acknowledge and agree that the restrictions contained in this TSPI Agreement are reasonably necessary to protect the legitimate business interests of the Company, and that any violation of any of the restrictions will result in immediate and irreparable injury to the Company for which monetary damages will not be an adequate remedy. I further acknowledge and agree that if any such restriction is violated, the Company will be entitled to immediate relief enjoining such violation (including, without limitation, temporary and permanent injunctions, a decree for specific performance, and an equitable accounting of earnings, profits, and other benefits arising from such violation) in any court having jurisdiction over such claim, without the necessity of showing any actual damage or posting any bond or furnishing any other security, and that the specific enforcement of the provisions of this TSPI Agreement will not diminish my ability to earn a livelihood or create or impose upon me any undue hardship. I also agree that any request for such relief by the Company shall be in addition to, and without prejudice to, any claim for monetary damages that the Company may elect to assert.
(b) I acknowledge and agree that if I breach or threaten to breach this TSPI Agreement. In addition, I the Restricted Period shall be required extended for a period of time equal to reimburse the Company for all reasonable costs incurred in preventing and remedying such breach or threatened breach, including but not limited to attorneys’ feesperiod of time during which I breached the restrictions contained herein.
Appears in 4 contracts
Samples: Employment Agreement (WebMD Health Corp.), Employment Agreement (WebMD Health Corp.), Restricted Stock Agreement (WebMD Health Corp.)