Common use of Reasonableness; Injunction Clause in Contracts

Reasonableness; Injunction. Employee acknowledges that his covenants contained in Section 5 of this Agreement are reasonably necessary for the protection of Employer and its affiliates and their businesses, and that such covenants are reasonably limited with respect to the activities prohibited, the duration thereof, the geographic area thereof, the scope thereof and the effect thereof on Employee and the general public. Employee further acknowledges that violation of the covenants would immeasurably and irreparably damage Employer and its affiliates, and by reason thereof Employee agrees that for violation or threatened violation of any of the provisions of this Agreement, Employer shall, in addition to any other rights and remedies available to it, at law or otherwise, be entitled to an injunction to be issued by any court of competent jurisdiction enjoining and restraining Employee from committing any violation or threatened violation of this Agreement. Employee consents to the issuance of such injunction. Furthermore, Employer shall, in addition to any other rights or remedies available to it, at law or otherwise, be entitled to reimbursement of court costs, attorneys’ fees and other expenses incurred as a result of a breach of this Agreement. Employee agrees to reimburse Employer for such expenses promptly following a final determination that he has breached this Agreement.

Appears in 12 contracts

Samples: Employment Agreement, Stock Restriction Agreement (Targacept Inc), Employment Agreement (Targacept Inc)

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Reasonableness; Injunction. Employee acknowledges that his covenants contained in this Section 5 of this Agreement are reasonably necessary for the protection of Employer and Employer, its affiliates and their businesses, respective businesses and that such covenants are reasonably limited with respect to the activities prohibited, the duration thereof, the geographic area thereof, the scope thereof and the effect thereof on Employee and the general public. Employee further acknowledges that violation of the covenants would immeasurably and irreparably damage Employer and its affiliatesaffiliates and, and by reason thereof thereof, Employee agrees that for violation or threatened violation of any of the provisions of this Agreement, Employer shall, in addition to any other rights and remedies available to it, it at law or otherwise, be entitled to an injunction to be issued by any court of competent jurisdiction enjoining and restraining Employee from committing any violation or threatened violation of this Agreement. Employee consents to the issuance of such injunction. Furthermore, Employer shall, in addition to any other rights or remedies available to it, at law or otherwise, be entitled to reimbursement of court costs, attorneys’ fees and other expenses incurred as a result of a breach of this Agreement. Employee agrees to reimburse Employer for such expenses promptly following a final determination that he has breached this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Targacept Inc), Employment Agreement (Targacept Inc), Employment Agreement (Targacept Inc)

Reasonableness; Injunction. The Employee acknowledges that his the covenants contained in Section 5 of this Agreement agreement are reasonably necessary and designed for the protection of Employer the Company and its affiliates and their businessesbusiness, and that such covenants are reasonably limited with respect to the activities prohibited, the duration thereof, the geographic area thereof, the scope thereof and the effect thereof on the Employee and the general public. The Employee further acknowledges that violation of the covenants would immeasurably and irreparably damage Employer and its affiliatesthe Company, and by reason thereof the Employee agrees that for violation or threatened violation of any of the provisions of this Agreement, Employer the Company shall, in addition to any other rights and remedies available to it, at law or otherwise, be entitled to an any injunction to be issued by any court of competent jurisdiction enjoining and restraining the Employee from committing any violation or threatened violation of this Agreement. The Employee consents to the issuance of such injunction. Furthermore, Employer the Company shall, in addition to any other rights or remedies available to it, at law or otherwise, be entitled to reimbursement of court costs, attorneys’ fees ' fees, and other expenses incurred as a result of a breach of this Agreement. The Employee agrees to reimburse Employer the Company for such expenses promptly following a final determination that he the Employee has breached this Agreement. In the event of a final determination that Employee has not breached this Agreement, the Company agrees to reimburse the Employee for his court costs and attorneys' fees promptly following such determination.

Appears in 4 contracts

Samples: Employment Agreement (Smart Online Inc), Employment Agreement (Smart Online Inc), Employment Agreement (Smart Online Inc)

Reasonableness; Injunction. Employee acknowledges that his covenants contained in Section 5 of this Agreement are reasonably necessary for the protection of Employer and its affiliates and their businesses, and that such covenants are reasonably limited with respect to the activities prohibited, the duration thereof, the geographic area thereof, the scope thereof and the effect thereof on Employee and the general public. Employee further acknowledges that violation of the covenants would immeasurably and irreparably damage Employer and its affiliates, and by reason thereof Employee agrees that for a violation or threatened violation of any of the provisions of this Agreement, Employer shall, in addition to any other rights and remedies available to it, at law or otherwise, be entitled to an injunction to be issued by any court of competent jurisdiction enjoining and restraining Employee from committing any violation or threatened violation of this Agreement. Employee consents to the issuance of such injunction. Furthermore, Employer shall, in addition to any other rights or remedies available to it, at law or otherwise, be entitled to reimbursement of court costs, attorneys’ fees and other expenses incurred as a result of a breach of this Agreement. Employee agrees to reimburse Employer for such expenses promptly following a final determination that he has breached this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Targacept Inc), Employment Agreement (Targacept Inc)

Reasonableness; Injunction. The Employee acknowledges that his the covenants contained in Section 5 of this Agreement agreement are reasonably necessary and designed for the protection of Employer the Company and its affiliates and their businessesbusiness, and that such covenants are reasonably limited with respect to the activities prohibited, the duration thereof, the geographic area thereof, the scope thereof and the effect thereof on the Employee and the general public. The Employee further acknowledges that violation of the covenants would immeasurably and irreparably damage Employer and its affiliatesthe Company, and by reason thereof the Employee agrees that for violation or threatened violation of any of the provisions of this Agreement, Employer the Company shall, in addition to any other rights and remedies available to it, at law or otherwise, be entitled to an any injunction to be issued by any court of competent jurisdiction enjoining and restraining the Employee from committing any violation or threatened violation of this Agreement. The Employee consents to the issuance of such injunction. Furthermore, Employer the Company shall, in addition to any other rights or remedies available to it, at law or otherwise, be entitled to reimbursement of court costs, attorneys’ fees ' fees, and other expenses incurred as a result of a breach of this Agreement. The Employee agrees to reimburse Employer the Company for such expenses promptly following a final determination that he the Employee has breached this Agreement. In the event of a final determination that Employee has not breached this Agreement, the Company agrees to reimburse the Employee for her court costs and attorneys' fees promptly following such determination.

Appears in 2 contracts

Samples: Employment Agreement (Smart Online Inc), Employment Agreement (Smart Online Inc)

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Reasonableness; Injunction. The Employee acknowledges that his the covenants contained in Section 5 of this Agreement agreement are reasonably necessary and designed for the protection of Employer the Company and its affiliates and their businessesbusiness, and that such covenants are reasonably limited with respect to the activities prohibited, the duration thereof, the geographic area thereof, the scope thereof and the effect thereof on the Employee and the general public. The Employee further acknowledges that violation of the covenants would immeasurably and irreparably damage Employer and its affiliatesthe Company, and by reason thereof the Employee agrees that for violation or threatened violation of any of the provisions of this Agreement, Employer the Company shall, in addition to any other rights and remedies available to it, at law or otherwise, be entitled to an any injunction to be issued by any court of competent jurisdiction enjoining and restraining the Employee from committing any violation or threatened violation of this Agreement. The Employee consents to the issuance of such injunction. Furthermore, Employer the Company shall, in addition to any other rights or remedies available to it, at law or otherwise, be entitled to reimbursement of court costs, attorneys’ fees fees, and other expenses incurred as a result of a breach of this Agreement. The Employee agrees to reimburse Employer the Company for such expenses promptly following a final determination that he the Employee has breached this Agreement. In the event of a final determination that Employee has not breached this Agreement, the Company agrees to reimburse the Employee for his court costs and attorneys’ fees promptly following such determination.

Appears in 1 contract

Samples: Employment Agreement (Smart Online Inc)

Reasonableness; Injunction. The Employee acknowledges that his the covenants contained in Section 5 of this Agreement are reasonably necessary and designed for the protection of Employer the Company and its affiliates and their businessesbusiness, and that such covenants are reasonably limited with respect to the activities prohibited, the duration thereof, . the geographic area thereof, the scope thereof and the effect thereof on the Employee and the general public. The Employee further acknowledges that violation of the covenants would immeasurably and irreparably damage Employer and its affiliatesthe Company, and by reason thereof the Employee agrees that for violation or threatened violation of any of the provisions of this Agreement, Employer the Company shall, in addition to any other rights and remedies available to it, at law or otherwise, be entitled to an any injunction to be issued by any court of competent jurisdiction enjoining and restraining the Employee from committing any violation or threatened violation of this Agreement. The Employee consents to the issuance of such injunction. Furthermore, Employer the Company shall, in addition to any other rights or remedies available to it, . at law or otherwise, be entitled to reimbursement of court costs. attorneys' fees, attorneys’ fees and other expenses incurred as a result of a breach of this Agreement. The Employee agrees to reimburse Employer the Company for such expenses promptly following a final determination that he the Employee has breached this Agreement. In the event of a final determination that Employee has not breached this Agreement, the Company agrees to reimburse the Employee for his court costs and attorneys' fees promptly following such determination.

Appears in 1 contract

Samples: Employment Agreement (MobileSmith, Inc.)

Reasonableness; Injunction. Employee acknowledges that his her covenants contained in this Section 5 of this Agreement are reasonably necessary for the protection of Employer and Employer, its affiliates and their businesses, respective businesses and that such covenants are reasonably limited with respect to the activities prohibited, the duration thereof, the geographic area thereof, the scope thereof and the effect thereof on Employee and the general public. Employee further acknowledges that violation of the covenants would immeasurably and irreparably damage Employer and its affiliatesaffiliates and, and by reason thereof thereof, Employee agrees that for violation or threatened violation of any of the provisions of this Agreement, Employer shall, in addition to any other rights and remedies available to it, it at law or otherwise, be entitled to an injunction to be issued by any court of competent jurisdiction enjoining and restraining Employee from committing any violation or threatened violation of this Agreement. Employee consents to the issuance of such injunction. Furthermore, Employer shall, in addition to any other rights or remedies available to it, at law or otherwise, be entitled to reimbursement of court costs, attorneys’ fees and other expenses incurred as a result of a breach of this Agreement. Employee agrees to reimburse Employer for such expenses promptly following a final determination that he she has breached this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Targacept Inc)

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