Injunctive Remedy. In the case of any breach or threatened breach by Employee of any of his covenants or obligations under Sections 2.1, 2.2 and/or 2.3, the parties hereto agree that damages may not be an adequate remedy for Company and that, in the event of any such breach or threatened breach, the Company may, either with or without pursuing any potential damage remedies, immediately obtain and enforce an injunction prohibiting Employee from committing or continuing to commit such breach or threatened breach.
Injunctive Remedy. You acknowledge that any breach or threatened ----------------- breach of the covenants set forth in this Agreement would cause irreparable injury to the Companies and that money damages alone would not provide an adequate remedy to the Companies. The parties agree that any reviewing court will have the authority to reform this provision to conform to applicable law, provided that it is the intent of the parties that this Section 8 be given full effect in all respects.
Injunctive Remedy. If Purchaser (or a permitted sub-licensee) (i) discloses or uses (or threatens to disclose or use) any Confidential Information of Company in breach of Section 2.4 or (ii) exercises or purports to exercise the Hydrogenics License in contravention of its covenants of Section 2.3, Company shall have the right, in addition to any other remedies available, to injunctive relief to enjoin such acts, it being acknowledged by the Parties that any other available remedies are inadequate.
Injunctive Remedy. In the event of a breach or a threatened breach by the Employee of the provisions of Paragraph 7 of this Agreement, Company shall be without adequate remedy at law and, therefore, the provisions of that Paragraph 7 may be enforced by a preliminary and/or permanent injunction restraining Employee from commission of such breach to the full extent hereof, or to such lesser extent as a court of competent jurisdiction may deem just and proper for the reasonable protection of the rights, interests and remedies available to it for such breach or threatened breach, including the recovery of money damages. In addition, in the event that either party shall be required to retain counsel to enforce the provisions of this Agreement, it is understood and agreed that damages shall include, but shall not be limited to, reasonable attorneys' fees and expenses incurred by the prevailing party.
Injunctive Remedy. Restricted Parties acknowledge that the foregoing restrictions in Section 2 and Section 3 hereof (the “Restrictions”), including those relating to geographic area, duration and scope of activity, in view of the nature of the business in which Com-Tec has been, is and will be engaged, are reasonable and necessary in order to protect the goodwill and other legitimate business interests of Com-Tec, and that any violation thereof would result in immediate and irreparable injury to Com-Tec and the Company. Restricted Parties, therefore, further acknowledge that, in the event they violate, or threaten to violate, any of the Restrictions, Com-Tec or the Company shall be entitled to obtain from any court of competent jurisdiction, without the posting of any bond or other security, preliminary and permanent injunctive relief as well as damages and an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies in law or equity to which it may be entitled. If Restricted Parties violate any of the Restrictions, the applicable restricted period shall be tolled from the time of commencement of the violation until such time as the violation has been cured to the satisfaction of Com-Tec and the Company. If any Restrictions, or any part thereof, are determined in any Proceeding to be invalid or unenforceable, the remainder of the Restrictions shall not thereby be affected and shall be given full effect without regard to the invalid provisions. If the Restrictions should be adjudged unreasonable in any Proceeding, then the reviewing Governmental Body or other Person shall have the power to reform the Restrictions to the extent reasonably necessary to make the Restrictions valid and enforceable and, in the modified form, such provisions shall then be enforceable and shall be enforced.
Injunctive Remedy. Employee acknowledges that breach of any material provision of this Agreement will cause irreparable damage to USG, and agrees that an injunction may be obtained restraining such breach as a matter of course in any action instituted for that purpose, without limitation on any additional remedies which USG may seek against Employee to protect such Confidential Information or its rights with respect to such Inventions.
Injunctive Remedy. The rights and remedies of the parties will be cumulative (and not alternative). Each party acknowledges and agrees that any actual or threatened violation of its intellectual property rights or obligation with respect to its Confidential Information by the other party will constitute immediate and irreparable harm to the providing party for which monetary damages would be an inadequate remedy and that injunctive relief is an appropriate remedy for such breach.
Injunctive Remedy. The Purchaser agrees that remedies at law may be inadequate to protect against breach of this Section and hereby agrees to the granting of injunctive relief in favor of the Company without proof of actual damages for any breach of this Section.
Injunctive Remedy. In the event of a violation or threatened or anticipated violation of this Agreement by Recipient or any of the Authorized Parties, Recipient hereby acknowledges and agrees that, among the legal and equitable remedies available to the Company with respect to such violation or threatened or anticipated violation, an action for injunctive relief may be the only effective remedy and the Company shall be entitled to seek an injunction, without the necessity of posting bond therefore, restraining Recipient or any Authorized Party from disclosing, in whole or in part, any of the Evaluation Material or otherwise violating this Agreement. Nothing herein shall be construed as prohibiting, restricting or limiting the Company from pursuing any other remedies at law or in equity in addition to the injunctive relief referenced above, including, without limitation, seeking the recovery of consequential and punitive damages.
Injunctive Remedy. The parties agree that remedies at law may be inadequate to protect against breach of this Article IX, and hereby agree to the granting of injunctive relief in favor of the other party without proof of actual damages.
