Reasonableness; Injunctive Relief; Enforcement Clause Samples

Reasonableness; Injunctive Relief; Enforcement. Employee agrees that the covenants and agreements contained in Sections 6 and 7 are, taken as a whole, fair and reasonable in their geographic scope and duration, and Employee will not raise any issue of the reasonableness of the scope or duration of any such covenants in any proceeding to enforce any such covenants. Employee acknowledges that Employer has entered into this Agreement in reliance, among other things, upon the fulfillment by Employee of all of the covenants and agreements of Sections 6 and 7. Employee understands and agrees that Employer may not be adequately compensated by damages for a breach by Employee of any of the covenants and agreements contained in Section 6 or 7, and that Employer shall, in addition to all other remedies, be entitled to injunctive relief and specific performance. Employee hereby affirmatively waives the requirement that Employer post any bond, demonstrate the likelihood of irreparable damage to Employer or demonstrate that any actual damages will be suffered by Employer or any other entity seeking enforcement hereof as a result of Employee’s breach of any provision of Section 6 or 7. The covenants and agreements contained in Section 6 or 7 shall be construed as separate covenants and agreements, and if any court shall finally determine that the restraints provided for in any such covenants and agreements are too broad as to the area, activity or time covered, said area, activity or time covered shall be reduced to whatever extent the court deems reasonable, and such covenants and agreements shall be enforced as to such reduced area, activity or time. Nothing herein contained will be construed as prohibiting Employer from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of money damages, and it shall also be entitled to the payment of any and all reasonable fees, disbursements, and other charges of the attorneys and collection agents, court costs, and all other costs of enforcement. All time periods referenced in this Agreement shall be computed by excluding from such computation any time during which there is pending in any court of competent jurisdiction any action (including any appeal from any final judgment) brought by any person or entity, whether or not a party to this Agreement, in which action Employer seeks to enforce the agreements and covenants in this Agreement or in which any Person contests the validity of such agreements and covenants or their e...