Irreparable Harm. Executive acknowledges that irreparable harm would result from any breach by Executive of the provisions of this Agreement, including without limitation subsections 4(a), 4(b), 4(c) and 4(d), and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, if Executive breaches or threatens to breach this Agreement, Executive consents to injunctive relief in favor of Sears without the necessity of Sears posting a bond. Moreover, any award of injunctive relief shall not preclude Sears from seeking or recovering any lawful compensatory damages which may have resulted from a breach of this Agreement, including a forfeiture of any future payments and a return of any payments and benefits already received by Executive.
Appears in 17 contracts
Samples: Executive Severance Agreement, Executive Severance Agreement, Executive Severance Agreement
Irreparable Harm. Executive acknowledges that irreparable harm would result from any breach by Executive of the provisions of this Agreement, including without limitation subsections 4(a), 4(b), 4(c) and 4(d4(b), and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, if Executive breaches or threatens to breach this Agreement, Executive consents to injunctive relief in favor of Sears without the necessity of Sears posting a bond. Moreover, any award of injunctive relief shall not preclude Sears from seeking or recovering any lawful compensatory damages which may have resulted from a breach of this Agreement, including a forfeiture of any future payments and a return of any payments and benefits already received by Executive.
Appears in 9 contracts
Samples: Executive Severance Agreement, Executive Severance Agreement, Executive Severance Agreement (Sears Holdings Corp)
Irreparable Harm. Executive acknowledges that irreparable harm would result from any breach by Executive of the provisions of this Agreement, including without limitation subsections Sections 4(a), 4(b), 4(c) and 4(d), and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, if Executive breaches or threatens to breach this Agreement, Executive consents to injunctive relief in favor of Sears SHO without the necessity of Sears SHO posting a bond. Moreover, any award of injunctive relief shall will not preclude Sears SHO from seeking or recovering any lawful compensatory damages on account of any harm which may have resulted result from a breach of this Agreement, including a forfeiture of any future payments otherwise due hereunder, and a return of any payments and benefits already received by ExecutiveExecutive under this Agreement.
Appears in 3 contracts
Samples: Executive Severance Agreement (Sears Hometown & Outlet Stores, Inc.), Executive Severance Agreement (Sears Hometown & Outlet Stores, Inc.), Executive Severance Agreement (Sears Hometown & Outlet Stores, Inc.)
Irreparable Harm. Executive acknowledges that irreparable harm would result from any breach by Executive of the provisions of this Agreement, including including, without limitation subsections limitation, Sections 4(a), 4(b), 4(c) and 4(d), and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, if Executive breaches or threatens to breach this Agreement, Executive consents to injunctive relief in favor of Sears SHO without the necessity of Sears SHO posting a bond. Moreover, any award of injunctive relief shall will not preclude Sears SHO from seeking or recovering any lawful compensatory damages on account of any harm which may have resulted result from a breach of this Agreement, including a forfeiture of any future payments otherwise due hereunder, and a return of any payments and benefits already received by ExecutiveExecutive under this Agreement.
Appears in 2 contracts
Samples: Executive Severance Agreement (Sears Hometown & Outlet Stores, Inc.), Executive Severance Agreement (Sears Hometown & Outlet Stores, Inc.)
Irreparable Harm. Executive acknowledges that irreparable harm would result from any breach by Executive of the provisions of this Agreement, Parts B (including without limitation subsections 4(a), ) and 4(b), 4(c) and 4(d)or Part C of this Agreement, and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, if Executive breaches or threatens to breach Part B or C of this Agreement, Executive consents to injunctive relief in favor of Sears without the necessity of Sears posting a bond. Moreover, any award of injunctive relief shall not preclude Sears from seeking or recovering any lawful compensatory damages which may have resulted from a breach of Part B or C of this Agreement, including a forfeiture of any future payments and a return of any payments and benefits already received by Executive.
Appears in 2 contracts
Samples: Executive Employment and Severance Agreement, Executive Employment and Severance Agreement (Sears Holdings Corp)
Irreparable Harm. Executive acknowledges that irreparable harm would result from any breach by Executive of the provisions of this Agreement, including without limitation subsections 4(a), 4(b), 4(c) and 4(d), and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, if Executive breaches or threatens to breach this Agreement, Executive consents to injunctive relief in favor of Sears SHO without the necessity of Sears SHO posting a bond. Moreover, any award of injunctive relief shall not preclude Sears SHO from seeking or recovering any lawful compensatory damages which may have resulted from a breach of this Agreement, including a forfeiture of any future payments and a return of any payments and benefits already received by Executive.
Appears in 1 contract
Samples: Executive Severance Agreement (Sears Hometown & Outlet Stores, Inc.)
Irreparable Harm. Executive acknowledges that irreparable harm would result from any breach by Executive of the provisions of this Agreement, including without limitation subsections subsection 4(a), 4(b), 4(c) and 4(d), and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, if Executive breaches or threatens to breach this Agreement, Executive consents to injunctive relief in favor of Sears without the necessity of Sears posting a bond. Moreover, any award of injunctive relief shall not preclude Sears from seeking or recovering any lawful compensatory damages which may have resulted from a breach of this Agreement, including a forfeiture of any future payments and a return of any payments and benefits already received by Executive.
Appears in 1 contract
Samples: Executive Severance Agreement (Sears Holdings Corp)
Irreparable Harm. Executive acknowledges that irreparable harm would result from any breach by Executive of the provisions of this Agreement, including without limitation subsections 4(a2(a), 4(b2(b), 4(c2(c) and 4(d2(d), and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, if Executive breaches or threatens to breach this Agreement, Executive consents to injunctive relief in favor of Sears without the necessity of Sears posting a bond. Moreover, any award of injunctive relief shall not preclude Sears from seeking or recovering any lawful compensatory damages which may have resulted from a breach of this Agreement, including a forfeiture of any future payments and a return of any payments and benefits already received by Executive.
Appears in 1 contract
Samples: Special Incentive Award Agreement (Sears Holdings Corp)