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

Reasonable Restrictions/Damages Inadequate Remedy. The Employee acknowledges that the restrictions contained in Sections 3-5 (inclusive) are reasonable and necessary to protect the legitimate business interests of the Company and its affiliates and that any breach by the Employee of any provision contained therein will result in immediate irreparable injury to the Company or its affiliates for which a remedy at law would be inadequate. The Employee further acknowledges that the restrictions contained in Sections 3-5 (inclusive) will not prevent Employee from earning a livelihood during the Restricted Period. Accordingly, the Employee acknowledges that, in the event of any breach or threatened breach by the Employee of the provisions of Sections 3-5 (inclusive), the Company and/or its subsidiaries shall be entitled to temporary, preliminary and permanent injunctive or other equitable relief against the Employee (without being obligated to post a bond or other collateral) and to an equitable accounting of all earnings, profits and other benefits arising, directly or indirectly, from such violation, which rights shall be cumulative and in addition to (rather than instead of) any other rights or remedies available at law or in equity. In addition (and not instead of those rights), the Employee further covenants that he shall be responsible for payment of the fees and costs of the Company’s (and its affiliates’) attorneys and experts, as well as the Company’s (and its affiliates’) court or other forum costs, pertaining to any suit, arbitration, mediation, action or other proceeding (including the costs of any investigation related thereto) arising direct or indirectly out of the Employee’s violation or threatened violation of any of the provisions of Section 3-5 (inclusive).

Reasonable Restrictions/Damages Inadequate Remedy. The Employee Executive acknowledges that the restrictions contained in Sections 3-5 (inclusive) this Article V are reasonable and necessary to protect the legitimate business interests of the Company Employer and its affiliates and subsidiaries and that any breach by the Employee Executive of any provision contained therein in this Article V will result in immediate irreparable injury to the Company or Employer and/or its affiliates and subsidiaries for which a remedy at law would be inadequate. The Employee Executive further acknowledges that the restrictions contained in Sections 3-5 (inclusive) this Article V will not prevent Employee Executive from earning a livelihood during the Restricted Periodapplicable period of restriction. Accordingly, the Employee Executive acknowledges that, in the event of any a breach or threatened breach by the Employee Executive of the any provisions of Sections 3-5 (inclusive)this Article V, the Company Employer and/or its affiliates and subsidiaries shall be entitled to temporary, preliminary and permanent injunctive or other equitable relief against the Employee (without being obligated to post a bond security or other collateral) and to an equitable accounting of all earnings, profits and other benefits arising, directly or indirectly, from such violation, which rights shall be cumulative and in addition to (rather than instead of) any other rights or remedies available to which Employer, its affiliates and/or its subsidiaries may be entitled at law or in equity. In addition (and not instead of those rights), the Employee Executive further covenants that he Executive shall be responsible for payment of the legal and experts’ fees and costs expenses of the CompanyEmployer’s (and its affiliates’) ’ and subsidiaries’ attorneys and experts, as well as the Company’s (and its affiliates’) their respective court or other forum costs, pertaining to any suit, arbitration, mediation, action or other proceeding (including the costs of any investigation related thereto) arising direct directly or indirectly out of the EmployeeExecutive’s violation or threatened violation of any of the provisions of Section 3-5 (inclusive).this Article V.