Reasonableness; Remedies. The Executive acknowledges that each of the restrictions set forth in this Article VI are reasonable and necessary for the protection of the Company’s business and opportunities (and those of the Parent Group) and that a breach of any of the covenants contained in this Article VI would result in material irreparable injury to the Company and the other members of the Parent Group for which there is no adequate remedy at law and that it will not be possible to measure damages for such injuries precisely. Accordingly, the Company and any member of the Parent Group shall be entitled to the remedies of injunction and specific performance, or either of such remedies, as well as all other remedies to which any member of the Parent Group may be entitled, at law, in equity or otherwise, without the need for the posting of a bond or by the posting of the minimum bond that may otherwise be required by law or court order.
Reasonableness; Remedies. In the event either party is in breach, or threatens to breach any covenants of this Agreement, the parties acknowledge and agree that the other party would be greatly damaged and such damage(s) will be irreparable and difficult to quantify; therefore, such aggrieved party may apply for injunctive or other equitable relief to restrain such breach or threat of breach, without impairing, invalidating, negating or voiding such party’s rights to relief in either law or equity. In the event that any or all of the covenants hereunder are determined by the court of competent jurisdiction to be invalid or unenforceable, by reason that the breadth of restrictions is too great, or for any other reason, these covenants shall be modified and interpreted to the maximum extent to which they may be enforceable.
Reasonableness; Remedies. The Executive acknowledges that each of the restrictions set forth in this Article VI are reasonable and necessary for the protection of the Company’s business and opportunities (and those of the Affiliate Companies) and that a breach of any of the covenants contained in this Article VI would result in material irreparable injury to the Company and the Affiliate Companies for which there is no adequate remedy at law and that it will not be possible to measure damages for such injuries precisely. Accordingly, the Company and each of its Affiliate Companies shall be entitled to the remedies of injunction and specific performance, or either of such remedies, as well as all other remedies to which the Company or any of its Affiliate Companies may be entitled, at law, in equity or otherwise, without the need for the posting of a bond or by the posting of the minimum bond that may otherwise be required by law or court order.
Reasonableness; Remedies. Executive acknowledges and agrees that the restrictive covenants in Sections 6 and 7 are fair and reasonable and are the result of negotiation between PremierWest and Executive (and Executive’s counsel, if Executive has sought the benefit of counsel). Executive further acknowledges and agrees that the covenants and obligations in this Agreement relate to special, unique, and extraordinary matters and that a violation of any of the terms of the covenants and obligations will cause irreparable injury to PremierWest, for which adequate remedies are not available at law. Therefore, Executive agrees that PremierWest shall be entitled to an injunction, restraining order, or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain Executive from committing any violation of the covenants and obligations set forth in Sections 6 and 7 of this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies PremierWest may have at law or in equity. If PremierWest institutes an action to enforce the provisions hereof, Executive hereby waives the claim or defense that an adequate remedy at law is available, and Executive agrees not to urge in any such action the claim or defense that an adequate remedy at law exists.
Reasonableness; Remedies. Both parties acknowledge that these covenants are reasonable and necessary for the protection of the proprietary interests of each other and agree that an impending or existing violation of any provision of this Agreement may cause the disclosing party irreparable injury for which it would have no adequate remedy at law, and that the disclosing party shall be entitled to seek immediate injunctive relief prohibiting such violation, in addition to any other rights and remedies available to it at law or in equity. Each party further agrees to indemnify the other party against any and all losses, damages, claims, and expenses incurred or suffered as a result of a breach of this Agreement, including the reimbursement of the other party (if successful on the merits) for all court costs and legal fees, including reasonable attorney’s fees, incurred in enforcing this Agreement or obtaining relief hereunder.
Reasonableness; Remedies. Company acknowledges that these ------------------------ covenants are reasonable and necessary for the protection of the proprietary interests of ProVantage and that irreparable injury will result to ProVantage and its business if any provision of this Agreement is breached and agrees that if there should be any breach or threatened breach thereof, ProVantage shall be entitled to an ex parte injunction prohibiting such conduct, and in the event final judgement is entered in favor of ProVantage, the Company will reimburse ProVantage for all court costs and legal fees, including reasonable attorney's fees, incurred in enforcing this Agreement or obtaining relief hereunder other than in connection with ProVantage exercising its rights under Section 4 hereof.
Reasonableness; Remedies. Each party acknowledges and agrees that the other party will or would suffer irreparable injury if a party were to violate any of the provisions of the previous "Confidentiality" provision, and that in the event of a breach by a party of that provision, the other party shall be entitled to an injunction restraining such party from such breach.
Reasonableness; Remedies a. The covenants contained in Sections 4, 5, 6, 7 & 8 of this Agreement (the “Protective Covenants”) are, in light of the nature of Executive’s employment by the Company, reasonable and necessary for the protection of the Company’s legitimate business interests, specifically including the Company’s interest in the Confidential Information and the Company’s significant investment to develop and maintain its business relationships and goodwill.
b. In the event that Executive breaches any provision(s) of the Protective Covenants, Executive Acknowledges and agrees that the duration of the Protective Covenant that Executive has breached shall be extended by the length of time that Executive was in breach of such provision(s).
c. Executive acknowledges and agrees that the Company will suffer irreparable harm if Executive breaches any provision of the Protective Covenants, and the Company shall be entitled to, in addition to any other available remedies, temporary and/or permanent injunctive relief against Executive barring any conduct in violation of any provision of the Protective Covenants. No claim or cause of action Executive may have or assert against the Company, whether predicated on this Agreement or otherwise, shall serve as or constitute a defense to the enforcement of any provision of the Protective Covenants. Should the Company prevail in any claim, dispute or action arising from or relating to this Agreement (a “Covered Claim”), whether initiated by the Company or Executive, the Company shall be entitled to recover from Executive all costs, including attorneys’ fees, incurred by the Company in connection with such Covered Claim.
Reasonableness; Remedies. The Executive acknowledges the restrictions set forth in this Section 6 are reasonable and necessary for the protection of the Company's and the Parent's business and opportunities and that a breach of any of the covenants contained in this Section 6 would result in material irreparable injury to the Parent and its affiliates and subsidiaries for which there is no adequate remedy at law and that it will not be possible to measure damages for such injuries precisely. Accordingly, the Company and the Parent shall be entitled to the remedies of injunction and specific performance, or either of such remedies, as well as all other remedies to which the Company and the Parent may be entitled, at law, in equity or otherwise.
Reasonableness; Remedies a. The covenants contained in Sections 4, 5, 6, 7 & 8 of this Agreement (the “Protective Covenants”) are, in light of the nature of Executive’s employment by the Company, reasonable and necessary for the protection of the Company’s legitimate business interests, specifically including the Company’s interest in the Confidential Information and the Company’s significant investment to develop and maintain its business relationships and goodwill.
b. The Company will suffer irreparable harm if Executive breaches any provision of the Protective Covenants, and the Company shall be entitled to, in addition to any other available remedies, temporary and/or permanent injunctive relief against Executive barring any conduct in violation of any provision of the Protective Covenants. Additionally, the duration of the restrictions in the Protective Covenants shall be extended by the length of time Executive is in breach of any such restriction. No claim or cause of action Executive may have or assert against the Company, whether predicated on this Agreement or otherwise, shall serve as or constitute a defense to the enforcement of any provision of the Protective Covenants.
