Common use of Legal and Equitable Relief Clause in Contracts

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. 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 2 are necessary for the protection of the legitimate business interests, goodwill, and Confidential Information of Company and its BusinessCompany; (2) the duration and scope of the restrictions in paragraphs 1-3 2 are reasonable as written; (3) in any action to enforce this Agreement, Employee shall not challenge the restrictions in paragraphs 1-2 as unenforceable; (4) if a court of competent jurisdiction determines the restrictions in paragraphs 1-3 2 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 (45) 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 2 will cause Company substantial and irreparable harm irrevocable damage 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 1-32. 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. Employee Executive 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 Executive specifically acknowledges and agrees (1) the restrictions in paragraphs 1-3 2 are necessary for the protection of the legitimate business interests, goodwill, and Confidential Information of Company and its BusinessCompany; (2) the duration and scope of the restrictions in paragraphs 1-3 2 are reasonable as written; (3) in any action to enforce this Agreement, Executive shall not challenge the restrictions in paragraphs 1-2 as unenforceable; (4) if a court of competent jurisdiction determines the restrictions in paragraphs 1-3 2 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 (45) 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 Executive further specifically acknowledges and agrees any breach of paragraphs 1-3 2 will cause Company substantial and irreparable harm irrevocable damage and, therefore, in addition to such other remedies that may be available, including the recovery of damages from EmployeeExecutive, Company shall have the right to injunctive relief to restrain or enjoin any actual or threatened breach of the provisions of paragraphs 1-32. Employee Executive 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 's fees, expert witness fees, and out-of-pocket costs, in addition to any other relief it may be granted.

Legal and Equitable Relief. Employee Executive 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 Executive specifically acknowledges and agrees (1) the restrictions in paragraphs 1-3 2 are necessary for the protection of the legitimate business interests, goodwill, and Confidential Information of Company and its BusinessCompany; (2) the duration and scope of the restrictions in paragraphs 1-3 2 are reasonable as written; (3) in any action to enforce this Agreement, Executive shall not challenge the restrictions in paragraphs 1-2 as unenforceable; (4) if a court of competent jurisdiction determines the restrictions in paragraphs 1-3 2 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 (45) 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 the financial considerations or stock optionsissuance specified in the contemporaneously executed Retirement Severance Agreement and Release. Employee Executive further specifically acknowledges and agrees any breach of paragraphs 1-3 2 will cause Company substantial and irreparable harm irrevocable damage and, therefore, in addition to such other remedies that may be available, including the recovery of damages from EmployeeExecutive, Company shall have the right to injunctive relief to restrain or enjoin any actual or threatened breach of the provisions of paragraphs 1-32; provided, however, that Company shall notify Executive of any alleged breach or threatened breach of this Agreement once such breach becomes known to the Company and Executive shall be provided a reasonable period not to exceed thirty (30) days from the date of written notice to cure the alleged or threatened breach. Employee Executive 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. Likewise, Company specifically acknowledges and agrees that, if Executive prevails in a legal proceeding to enforce this Agreement, then Executive shall be entitled to recover his costs and fees incurred, including attorney’s fees, expert witness fees, and out-of-pocket costs, in addition to any other relief he may be granted.

Legal and Equitable Relief. Employee Executive 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 Executive specifically acknowledges and agrees (1) the restrictions in paragraphs 1-3 2 are necessary for the protection of the legitimate business interests, goodwill, and Confidential Information of Company and its BusinessCompany; (2) the duration and scope of the restrictions in paragraphs 1-3 2 are reasonable as written; (3) in any action to enforce this Agreement, Executive shall not challenge the restrictions in paragraphs 1-2 as unenforceable; (4) if a court of competent jurisdiction determines the restrictions in paragraphs 1-3 2 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 (45) in the event of any actual or threatened breach, Company shall, to the maximum extent allowed, have the right to suspend bonus payments, benefitsbenfits, and/or any exercise of stock options. Employee Executive further specifically acknowledges and agrees any breach of paragraphs 1-3 2 will cause Company substantial and irreparable harm irrevocable damage and, therefore, in addition to such other remedies that may be available, including the recovery of damages from EmployeeExecutive, Company shall have the right to injunctive relief to restrain or enjoin any actual or threatened breach of the provisions of paragraphs 1-32. Employee Executive 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. Employee Executive 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 Executive specifically acknowledges and agrees (1) the restrictions in paragraphs 1-3 2 are necessary for the protection of the legitimate business interests, goodwill, and Confidential Information of Company and its BusinessCompany; (2) the duration and scope of the restrictions in paragraphs 1-3 2 are reasonable as written; (3) in any action to enforce this Agreement, Executive shall not challenge the restrictions in paragraphs 1-2 as unenforceable; (4) if a court of competent jurisdiction determines the restrictions in paragraphs 1-3 2 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 (45) in the event of any actual or threatened anticipatory breach, Company shall, to the maximum extent allowed, have the right to suspend bonus payments, benefits, and/or any exercise of stock options. Employee Executive further specifically acknowledges and agrees any breach of paragraphs 1-3 2 will cause Company substantial and irreparable harm irrevocable damage and, therefore, in addition to such other remedies that may be available, including the recovery of damages from EmployeeExecutive, Company shall have the right to injunctive relief to restrain or enjoin any actual or threatened breach of the provisions of paragraphs 1-32. Employee The parties further specifically acknowledges acknowledge and agrees agree that, if Company prevails in a any legal proceeding to enforce this Agreement, then Company the prevailing party shall be entitled to recover its its/his costs and fees incurred, including its attorney’s 's fees, expert witness fees, and out-of-pocket costs, in addition to any other relief it it/he may be granted.

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 4 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 4 are reasonable as written; (3) if a court of competent jurisdiction determines the restrictions in paragraphs 1-3 4 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 optionsoptions or settlement of other equity awards. Employee further specifically acknowledges and agrees any breach of paragraphs 1-3 4 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 1-34. 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.