Common use of Non-Waiver and Attorneys’ Fees Clause in Contracts

Non-Waiver and Attorneys’ Fees. I agree that any waiver by CompuCom of strict performance of any provision of this Agreement shall not be a waiver of or prejudice CompuCom’s right to require strict performance of that same provision or any other provision of this Agreement in the future. Nothing in this Agreement shall be construed to limit or reduce any common law or statutory duty I would otherwise owe to CompuCom absent this Agreement, including but not limited to my duty of loyalty and fiduciary duty as an employee placed in a special position of trust; nor shall this Agreement limit or eliminate any remedies available to the Company for a violation of such duties. In the event that I breach any provision of this Agreement by me, I agree to reimburse CompuCom for its attorneys’ fees and expenses incurred in enforcing this Agreement. The prior sentence regarding recovery of attorneys’ fees shall not apply in California or in any other state where its application would result in a reciprocal right for Employee to recover attorneys’ fees; in such states, both parties will bear their own attorneys’ fees for contract enforcement.

Appears in 2 contracts

Samples: Non Solicitation Agreement, Non Solicitation Agreement

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Non-Waiver and Attorneys’ Fees. I agree that any waiver by CompuCom of strict performance of any provision of this Agreement shall not be a waiver of or prejudice CompuCom’s right to require strict performance of that same provision or any other provision of this Agreement in the future. Nothing in this Agreement shall be construed to limit or reduce any common law or statutory duty I would otherwise owe to CompuCom absent this Agreement, including but not limited to my duty of loyalty and fiduciary duty as an employee placed in a special position of trust; nor shall this Agreement limit or eliminate any remedies available to the Company for a violation of such duties. In If the event that I breach any provision of Company must pursue legal action to secure my compliance with this Agreement by meAgreement, I agree to reimburse CompuCom for its attorneys’ fees and expenses incurred in enforcing this AgreementAgreement (“Attorneys’ Fees Provision”). The prior sentence regarding recovery of attorneys’ fees shall not apply in California or in any other state where its application would result in a reciprocal right for Employee to recover attorneys’ fees; in such states, both parties will bear their own attorneys’ fees for contract enforcement.

Appears in 1 contract

Samples: Non Solicitation Agreement

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Non-Waiver and Attorneys’ Fees. I agree that any waiver by CompuCom of strict performance of any provision of this Agreement shall not be a waiver of or prejudice CompuCom’s right to require strict performance of that same provision or any other provision of this Agreement in the future. Nothing in this Agreement shall be construed to limit or reduce any common law or statutory duty I would otherwise owe to CompuCom absent this Agreement, including but not limited to my duty of loyalty and fiduciary duty as an employee placed in a special position of trust; nor shall this Agreement limit or eliminate any remedies available to the Company for a violation of such duties. In the event that I breach any provision of this Agreement by meAgreement, I agree to reimburse CompuCom for its attorneys’ fees and expenses incurred in enforcing this Agreement. The prior sentence regarding recovery of attorneys’ fees shall not apply in California or in any other state where its application would result in a reciprocal right for Employee to recover attorneys’ fees; in such states, both parties will bear their own attorneys’ fees for contract enforcement.

Appears in 1 contract

Samples: Non Solicitation Agreement

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