Common use of Irreparable Harm; Injunctive Relief Clause in Contracts

Irreparable Harm; Injunctive Relief. The Executive acknowledges and agrees that it is fair and reasonable that the Executive make the covenants and undertakings set forth above and has done so with the benefit of the advice of counsel. Furthermore, the Executive agrees that any breach or attempted breach by the Executive of the provisions of this Section 8 could cause irreparable harm to the Company for which monetary damages will not be an adequate remedy. Accordingly, the Company will be entitled to apply for and obtain injunctive relief (temporary, preliminary and permanent) in order to restrain the breach or threatened breach of, or otherwise to specifically enforce, any of the provisions of this Section 8, without the requirement to post a bond or provide other security. Nothing herein will be construed as a limitation or waiver of any other rights or remedies that may be available to the Company for such breach or threatened breach. For emergency relief (including temporary and preliminary injunctive relief), an application may be made in any court of competent jurisdiction, in addition to the Company’s right to seek injunctive, monetary and/or other relief. The Executive further agrees that the subject matter and duration of the restrictions covered herein are reasonable in light of the facts as they exist today. In the event that any restriction contained in this Section 8 is deemed to be unreasonable in any respect by a court, it will be reduced, not eliminated, in such manner as the court determines is reasonable.