Common use of Reasonable Restrictions/Damages Inadequate Remedy Clause in Contracts

Reasonable Restrictions/Damages Inadequate Remedy. Employee acknowledges that the restrictions contained in this Article V are reasonable and necessary to protect the legitimate business interests of Employer and that any breach or threatened breach by Employee of any provision contained in this Article V will result in immediate irreparable injury to Employer for which a remedy at law would be inadequate. Employee further acknowledges that the restrictions contained in this Article V will not prevent Employee from earning a livelihood during the Restricted Period. Accordingly, Employee acknowledges that Employer shall be entitled to seek temporary, preliminary and permanent injunctive relief in any court of competent jurisdiction (without being obligated to post a bond or other collateral) in the event of any breach or threatened breach by Employee of the provisions of this Article V and to an equitable accounting of all earnings, profits and other benefits arising, directly or indirectly, from such breach, which rights shall be cumulative and in addition to (rather than instead of) any other rights or remedies to which Employer may be entitled at law or in equity. Any remedy specified by any provision of this Agreement shall, unless expressly providing to the contrary, be a nonexclusive remedy for that provision and shall not preclude any and all other remedies at law or in equity from also being applicable.

Appears in 11 contracts

Samples: Employment Agreement (DoubleVerify Holdings, Inc.), Employment Agreement (DoubleVerify Holdings, Inc.), Employment Agreement (DoubleVerify Holdings, Inc.)

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Reasonable Restrictions/Damages Inadequate Remedy. Employee acknowledges You acknowledge that the restrictions contained in this Article V Exhibit A are reasonable and necessary to protect the legitimate business interests of Employer the Company and that any breach or threatened breach by Employee you of any provision contained in this Article V will Exhibit A may result in immediate irreparable injury to Employer the Company for which a remedy at law would may be inadequate. Employee You further acknowledges acknowledge that the restrictions contained in Section 3 of this Article V Exhibit A will not prevent Employee you from earning a livelihood during the Restricted Period. Accordingly, Employee acknowledges you acknowledge that Employer the Company shall be entitled to seek temporary, preliminary and permanent injunctive relief in any court of competent jurisdiction (without being obligated to post a bond or other collateral), and shall also be entitled to cease payment and provision (and obtain repayment) of the Severance Payments, Healthcare Benefits and Accrued Bonus, in the event of any breach or threatened breach by Employee the Participant of the provisions of this Article V and to an equitable accounting of all earnings, profits and other benefits arising, directly or indirectly, from such breach, which rights shall be cumulative and in addition to (rather than instead of) any other rights or remedies to which Employer may be entitled at law or in equity. Exhibit A. Any remedy specified by any provision of this Agreement Exhibit A or the letter agreement to which this Exhibit A is attached shall, unless expressly providing to the contrary, be a nonexclusive remedy for that provision and shall not preclude any and all other remedies at law or in equity from also being applicable.

Appears in 2 contracts

Samples: Re: Severance Agreement (Sterling Check Corp.), Sterling Check Corp.

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Reasonable Restrictions/Damages Inadequate Remedy. Employee The Executive acknowledges that the restrictions contained in this Article V Section 4 are reasonable and necessary to protect the legitimate business interests of Employer the Company and that any breach or threatened breach by Employee the Executive of any provision contained in this Article V will Section 4 may result in immediate irreparable injury to Employer the Company for which a remedy at law would may be inadequate. Employee The Executive further acknowledges that the restrictions contained in this Article V Section 4.2 will not prevent Employee the Executive from earning a livelihood during the Restricted Non-Compete Period. Accordingly, Employee the Executive acknowledges that Employer the Company shall be entitled to seek temporary, preliminary and permanent injunctive relief in any court of competent jurisdiction (without being obligated to post a bond or other collateral), and, upon a court order or judgment by a court of appropriate jurisdiction so stating, shall also be entitled to cease payment and provision (and obtain repayment) of the Severance Payments, the Accrued Bonus, and/or the Benefit Continuation, in the event of any breach or threatened breach by Employee the Executive of the provisions of this Article V and to an equitable accounting of all earnings, profits and other benefits arising, directly or indirectly, from such breach, which rights shall be cumulative and in addition to (rather than instead of) any other rights or remedies to which Employer may be entitled at law or in equitySection 4. Any remedy specified by any provision of this Agreement shall, unless expressly providing to the contrary, be a nonexclusive remedy for that provision and shall not preclude any and all other remedies at law or in equity from also being applicable.

Appears in 1 contract

Samples: Employment Agreement (Sterling Check Corp.)

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