Relief and Enforcement. Executive understands and agrees that, in addition to any other remedies that the Company (or the Company Parties) has at law or in equity, upon any breach of this Agreement by Executive, the Company may immediately cease providing any or all of the Separation Benefits and/or seek recovery of Separation Benefits that have been paid to him pursuant to Section 2, above. Executive also understands and agrees that if he violates the terms of Sections 5, 6, 7 or 8 of this Agreement, Executive will cause injury to the Company and/or one or more of the Company Parties) that will be difficult to quantify or repair, so that the Company (and/or the Company Parties) will have no adequate remedy at law. Accordingly, Executive agree that if he violates Sections 5, 6, 7 or 8 of this Agreement, the Company (or the Company Parties) will be entitled as a matter of right to obtain an injunction from a court of law, restraining Executive from any further violation of this Agreement. The right to an injunction is in addition to any other remedies that the Company (or the Company Parties) has at law or in equity.
Appears in 2 contracts
Samples: Separation and Release Agreement (Benefitfocus, Inc.), Separation and Release Agreement (Benefitfocus, Inc.)
Relief and Enforcement. Executive understands and agrees that, in addition to any other remedies that the Company (or the Company Parties) has at law or in equity, upon any breach of this Agreement by Executive, the Company may immediately cease providing any or all of the Separation Benefits and/or seek recovery of Separation Benefits that have been paid to him Executive pursuant to Section 2, above. Executive also understands and agrees that if he Executive violates the terms of Sections 5, 6, or 7 or 8 of this Agreement, Executive will cause injury to the Company and/or one or more of the Company Parties) that will be difficult to quantify or repair, so that the Company (and/or the Company Parties) will have no adequate remedy at law. Accordingly, Executive agree that if he Executive violates Sections 5, 6, or 7 or 8 of this Agreement, the Company (or the Company Parties) will be entitled as a matter of right to obtain an injunction from a court of law, restraining Executive from any further violation of this Agreement. The right to an injunction is in addition to any other remedies that the Company (or the Company Parties) has at law or in equity.
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Relief and Enforcement. Executive Employee understands and agrees that, in addition to any other remedies that the Company (or the Company Parties) has at law or in equity, upon any breach of this Agreement by ExecutiveEmployee, the Company may immediately cease providing any or all of the Separation Severance Benefits and/or seek recovery of Separation Severance Benefits that have been paid to him pursuant to Section 2, above. Executive Employee also understands and agrees that if he violates the terms of Sections 5, 6, 7 or 8 of this Agreement, Executive Employee will cause injury to the Company and/or one or more of the Company Parties) that will be difficult to quantify or repair, so that the Company (and/or the Company Parties) will have no adequate remedy at law. Accordingly, Executive Employee agree that if he violates Sections 5, 6, 7 or 8 of this Agreement, the Company (or the Company Parties) will be entitled as a matter of right to obtain an injunction from a court of law, restraining Executive Employee from any further violation of this Agreement. The right to an injunction is in addition to any other remedies that the Company (or the Company Parties) has at law or in equity.
Appears in 1 contract
Samples: Separation and Release Agreement (Tenax Therapeutics, Inc.)
Relief and Enforcement. Executive Associate understands and agrees that, in addition to any other remedies that the Company (or the Company Parties) has at law or in equity, upon any breach of this Agreement Amendment by ExecutiveAssociate, the Company may immediately cease providing any or all of the Separation Benefits and/or seek recovery of Separation Benefits that have been paid to him pursuant to Section 2, above. Executive Associate also understands and agrees that if he violates the terms of Sections II (5), (6), 7 (7) or 8 (8) of this AgreementAmendment, Executive Associate will cause injury to the Company and/or one or more of the Company Parties) that will be difficult to quantify or repair, so that the Company (and/or the Company Parties) will have no adequate remedy at law. Accordingly, Executive Associate agree that if he violates Sections II (5), (6), 7 (7) or 8 (8) of this AgreementAmendment, the Company (or the Company Parties) will be entitled as a matter of right to obtain an injunction from a court of law, restraining Executive Associate from any further violation of this AgreementAmendment. The right to an injunction is in addition to any other remedies that the Company (or the Company Parties) has at law or in equity.
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Relief and Enforcement. Executive understands and agrees that, in addition to any other remedies that the Company (or the Company Parties) has at law or in equity, upon any breach of this Agreement by Executive, Executive agrees that the Company may immediately terminate the consulting arrangement provided for in Section 3 of this Agreement and cease providing any or all of the Separation Benefits and/or seek recovery of Separation Benefits that have been paid to him pursuant to Section 2, above. Executive also understands and agrees that if he violates the terms of Sections 5, 6, 7 7, 8 or 8 9 of this Agreement, Executive will cause injury to the Company and/or one or more of the Company Parties) that will be difficult to quantify or repair, so that the Company (and/or the Company Parties) will have no adequate remedy at law. Accordingly, Executive agree that if he violates Sections 5, 6, 7 7, 8 or 8 9 of this Agreement, the Company (or the Company Parties) will be entitled as a matter of right to obtain an injunction from a court of law, restraining Executive from any further violation of this Agreement. The right to an injunction is in addition to any other remedies that the Company (or the Company Parties) has at law or in equity.
Appears in 1 contract
Samples: Separation, Release and Consulting Agreement (Benefitfocus,Inc.)
Relief and Enforcement. Executive understands and agrees that, in addition to any other remedies that the Company (or the Company Parties) has at law or in equity, upon any breach of this Agreement by Executive, Executive will relieve the Company may immediately cease providing of its obligation to provide any or unpaid Severance Payment as set out in Section 2, above, and Executive agrees that he will repay to the Company any and all of the Separation Benefits and/or seek recovery of Separation Benefits Consulting Fees that have been paid to him pursuant to Section 24, above. Executive also understands and agrees that if he violates the terms of Sections 57, 68, 7 or 8 9 and 10 of this Agreement, Executive will cause injury to the Company and/or one or more of the Company Parties) that will be difficult to quantify or repair, so that the Company (and/or the Company Parties) will have no adequate remedy at law. Accordingly, Executive agree that if he violates Sections 57, 68, 7 or 8 9, and 10 of this Agreement, the Company (or the Company Parties) will be entitled as a matter of right to obtain an injunction from a court of law, restraining Executive from any further violation of this Agreement. The right to an injunction is in addition to any other remedies that the Company (or the Company Parties) has at law or in equity.
Appears in 1 contract
Samples: Separation, Release and Consulting Agreement (Nephros Inc)
Relief and Enforcement. Executive understands and agrees that, in addition to any other remedies that the Company (or the Company Parties) has at law or in equity, upon any breach of this Agreement by Executive, Executive will relieve the Company may immediately cease providing of its obligation to provide any or all of the unpaid Separation Benefits and/or seek recovery of Separation Benefits that have been described in Sections 2, above and to recover any amounts paid to him pursuant to Section 2, aboveExecutive. Executive also understands and agrees that if he violates the terms of Sections 5, 6, 7 5 or 8 6 of this Agreement, Executive will cause injury to the Company (and/or one or more of the Company Parties) that will be difficult to quantify or repair, so that the Company (and/or the Company Parties) will have no adequate remedy at law. Accordingly, Executive agree agrees that if he violates Sections 5, 6, 7 5 or 8 6 of this Agreement, the Company (or the Company Parties) will be entitled as a matter of right to obtain an injunction from a court of law, restraining Executive from any further violation of this Agreement. The right to an injunction is in addition to to, and not in lieu of, any other remedies that the Company (or the Company Parties) has at law or in equity.
Appears in 1 contract
Samples: Separation Agreement and Release (9 Meters Biopharma, Inc.)
Relief and Enforcement. Executive understands and agrees that, in addition to any other remedies that the Company (or the Company Parties) has at law or in equity, upon any breach of this Agreement or the Second Release by Executive, the Company may immediately cease providing any or all of the Separation Benefits and/or seek recovery of Separation Benefits that have been paid to him pursuant to Section 2, above. Executive also understands and agrees that if he violates the terms of Sections 5, 6, 7 or 8 of this Agreement, Executive will cause injury to the Company and/or one or more of the Company Parties) that will be difficult to quantify or repair, so that the Company (and/or the Company Parties) will have no adequate remedy at law. Accordingly, Executive agree agrees that if he violates Sections 5, 6, 7 or 8 of this Agreement, the Company (or the Company Parties) will be entitled as a matter of right to obtain an injunction from a court of law, restraining Executive from any further violation of this Agreement. The right to an injunction is in addition to any other remedies that the Company (or the Company Parties) has at law or in equity.
Appears in 1 contract
Samples: Separation Agreement (Cerecor Inc.)