Legal and Equitable Relief. Employee specifically acknowledges and agrees that, in interpreting/enforcing this Agreement, a court should honor the parties’ intent to the maximum extent possible. As such, Employee specifically acknowledges and agrees (1) the restrictions in paragraphs 1-3 are necessary for the protection of the legitimate business interests, goodwill, and Confidential Information of Company and its Business; (2) the duration and scope of the restrictions in paragraphs 1-3 are reasonable as written; (3) if a court of competent jurisdiction determines the restrictions in paragraphs 1-3 are overbroad, then such court should modify those restrictions so as to be enforceable rather than void the restrictions regardless of any law or authority to the contrary, it being the parties’ intent in this Agreement to restrain unfair competition; and (4) in the event of any actual or threatened breach, Company shall, to the maximum extent allowed, have the right to suspend bonus payments, benefits, and/or any exercise of stock options. Employee further specifically acknowledges and agrees any breach of paragraphs 1-3 will cause Company substantial and irreparable harm and, therefore, in addition to such other remedies that may be available, including the recovery of damages from Employee, Company shall have the right to injunctive relief to restrain or enjoin any actual or threatened breach of the provisions of paragraphs 1-3. Employee further specifically acknowledges and agrees that, if Company prevails in a legal proceeding to enforce this Agreement, then Company shall be entitled to recover its costs and fees incurred, including its attorney’s fees, expert witness fees, and out-of-pocket costs, in addition to any other relief it may be granted.
Legal and Equitable Relief. In the event of any actual or threatened breaches of this Agreement by a party or its Representatives, the aggrieved party may seek all legal and equitable remedies afforded it by law.
Legal and Equitable Relief. The restrictions contained in Section 10(a) and (b) are necessary for the protection of the legitimate business interests, goodwill, and privacy of Company and its customers (and their clients). Any breach of Section 10(a) or (b) will cause Company (and/or its customers) substantial and irrevocable damage. Further, in addition to such other remedies that may be available, including the recovery of damages from Employee, Company shall have the right to injunctive relief to restrain or enjoin any actual or threatened breach of the provisions of Section 10(a) or (b), without posting bond. If Company prevails in a legal proceeding to remedy a breach or threatened breach of this Agreement, then Company shall be entitled to recover its reasonable attorney’s fees, expert witness fees, and out-of-pocket costs incurred in connection with such proceeding, in addition to any other relief it may be granted. It is understood and agreed that Company’s customers and clients of such customers shall have rights of third party beneficiaries under this Agreement.
Legal and Equitable Relief. I agree that a breach of the covenants in Section 1 may cause irreparable harm and result in significant commercial damages to the Company and such harm and damages may be difficult to ascertain. Accordingly, I agree that if I breach such Section or threaten to do so, the Company will have available, in addition to any other right or remedy available, the right to obtain an injunction from a court of competent jurisdiction restraining such breach or threatened breach and to specific performance of this Agreement and of any such provision of this Agreement. I further agree that no bond or other security shall be required in obtaining such equitable relief, and I hereby consent to the issuance of such injunction and to the ordering of specific performance. Finally, I agree that, in the event I breach this Agreement and the Company prevails in any action brought against me pursuant to this Section 4, the Company will be entitled to recover from me, in addition to all other relief to which it may be entitled, the costs of such action, including reasonable attorneys’ fees.
Legal and Equitable Relief. The Parties acknowledge and agree that the restrictions contained in Articles 3 and 4 of this Agreement and in the Confidentiality Agreement are necessary for the protection of the business and goodwill of the Company and are reasonable for such purpose. Consultant acknowledges and agrees that any breach of any of the aforementioned restrictions and obligations by Consultant is likely to cause substantial and irreparable injury to the Company; such injury is likely to be difficult to measure; and monetary damages, even if ascertainable, are likely to be inadequate compensation for such injury. Therefore, in the event of any breach by Consultant of any such restrictions and obligations, the Company shall be entitled (in addition to monetary damages and to any other remedies available to the Company under this Agreement and at law) to equitable relief, including injunctive relief, and to payment by Consultant of all costs incurred by the Company in enforcing of such provisions, including reasonable attorneys’ fees. Should Consultant violate any obligation imposed on Consultant under this Agreement, Consultant acknowledges and agrees that Consultant shall continue to be bound by the obligation until a period equal to the term of such obligation has expired without violation of such obligation.
Legal and Equitable Relief. District shall be entitled to injunctive relief or to a decree compelling observance or performance of any provision of this Lease, or to any other legal or equitable remedy.
Legal and Equitable Relief. Each Party shall have the right (but not the obligation) to prosecute any proceedings at law or in equity against any other Party, or any other person or entity, violating or attempting to violate or defaulting in the performance of any of the provisions contained in this Agreement in order to prevent such party, person or entity from violating or attempting to violate or defaulting in the performance of any of the provisions of this Agreement or to recover damages for any such violation or default. It is agreed that damages would be an inadequate remedy for violation of this Agreement by any party and, therefore, injunctive or other appropriate equitable relief shall be available to the other party. The remedies available under this Section shall include, by way of illustration but not limitation, ex parte applications for temporary restraining orders, preliminary injunctions and permanent injunctions enjoining any such violation or attempted violation or default, and actions for specific performance of this Agreement. The result of every action or omission whereby any covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against any party, either public or private, shall be applicable against every such result and may be exercised by any party.
Legal and Equitable Relief. You acknowledge that your services hereunder, as well as the Master Recordings recorded and the rights and privileges granted to Company under the terms hereof, are of a special unique, unusual, extraordinary and intellectual character which gives them a peculiar value, and that, in the event of a breach by you of any material term, condition, representation, warranty or covenant contained herein, Company will be caused irreparable injury and damage. You expressly agree that in the event of any breach or threatened breach by you of the terms of this Agreement, Company shall be entitled, without the necessity of proving actual damages or posting a bond or other security and in addition to any other remedies that may be available in an action at law, to temporary and permanent injunctive relief, including specific performance of the terms of this Agreement.
Legal and Equitable Relief. In the event of a breach or threatened breach by Employee of the provisions contained in Sections 10 and 11, Employee agrees and understands that he shall forfeit and the Bank shall be entitled to cease any and all payments pursuant to this Agreement, and the Bank shall be entitled to injunctive relief, without bond, to restrain Employee from breaching or continuing to breach such provisions, and to such other and further relief as may be proper. Nothing herein shall be construed as prohibiting the Bank from pursuing any other remedies available to the Bank, for the breach or threatened breach of Sections 10 and 11, including the recovery of damages from Employee.
Legal and Equitable Relief. Each Party hereby acknowledges and agrees that the other Party considers its Confidential Information to be a commercially valuable, confidential asset of such Party, reflecting the investment of considerable time, effort and money in the development of the design and specifications and marketing strategies for various products or services. In the event of any actual or threatened violations or breaches of this Agreement by a Party or by such Party's Representatives, the Party agrees that the other Party shall be entitled to all legal and equitable remedies afforded it by law, including an injunction or any appropriate decree of specific performance without the necessity of such Party showing actual damages or that monetary damages would not afford an adequate remedy. In addition to any and all other forms of relief, a Party may recover from the breaching Party all reasonable costs and attorneys' fees incurred in seeking any such legal or equitable remedy.
