Common use of Relief, Remedies, and Enforcement Clause in Contracts

Relief, Remedies, and Enforcement. The parties acknowledge that the Company is engaged in a highly competitive business, and the covenants and restrictions contained in this Agreement, including the geographic and temporal restrictions, are reasonably designed to protect the Company’s legitimate business interests, including Company goodwill and relationships with Customers and Referral Sources, Confidential Information and Trade Secrets, and the specialized skills and knowledge gained by your and the Company’s other employees during their employment. You acknowledge and agree that a breach of any provision of this Agreement by you will cause serious and irreparable injury to the Company that will be difficult to quantify and which may not be adequately compensated by monetary damages alone. Thus, in the event of a breach or threatened or intended breach of this Agreement by you, the Company shall be entitled to injunctive relief, both temporary and final, enjoining and restraining such breach or threatened or intended breach, despite any agreement between the parties to arbitrate any disputes related to any aspect of your employment. You further agree that nothing in this Agreement, or in any agreement between the parties to arbitrate any other aspect of your employment, shall be construed to prohibit the Company from pursuing any and all other legal or equitable remedies available to it for breach of any of the provisions of this Agreement, including the recovery and return of the full amount shown above paid to you to enter into this Agreement, the disgorgement of any profits, commissions, or fees realized by you, any subsequent employers, any business owned or operated by you, or any of your agents, heirs, or assigns, as well as all costs and attorneys’ fees incurred because of your breach of any provisions of this Agreement. You also agree that that the knowledge, skills, and abilities you possess at the time of commencement of employment are sufficient to permit you to earn a livelihood satisfactory to you without violating any provision of this Agreement.

Appears in 6 contracts

Samples: Executive Employment Agreement (Viemed Healthcare, Inc.), Executive Employment Agreement (Viemed Healthcare, Inc.), Executive Employment Agreement (Viemed Healthcare, Inc.)

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Relief, Remedies, and Enforcement. The parties acknowledge that the Company is engaged in a highly competitive business, business and the covenants and restrictions contained in this Agreement, including the geographic and temporal restrictions, are reasonably designed to protect the Company’s legitimate business interests, including Company goodwill and relationships with Customers and Referral SourcesCustomer relationships, Confidential Information and Trade Secrets, and the specialized skills and knowledge gained by your Employee and the Company’s other employees during their employment. You acknowledge Employee acknowledges and agree agrees that a Employee’s breach of any provision of this Agreement by you will cause serious and irreparable injury to the Company that will be difficult to quantify and which may not be adequately compensated by monetary damages alone. Thus, in the event of a breach or threatened or intended breach of this Agreement by youEmployee, the Company shall be entitled to injunctive relief, both temporary and final, enjoining and restraining such breach or threatened or intended breach, despite any agreement between the two parties to arbitrate any disputes related to any aspect of your Employee’s employment. You Employee further agree agrees that nothing in this Agreement, or in any agreement between the parties to arbitrate any other aspect of your Employee’s employment, shall be construed to prohibit the Company from pursuing any and all other legal or equitable remedies available to it for breach of any of the provisions of this Agreement, including the recovery and return of the full amount shown above paid to you to enter into this Agreement, the disgorgement of any profits, commissions, or fees realized by youEmployee, any subsequent employers, any business owned or operated by youEmployee, or any of your Employee’s agents, heirs, or assigns, as well as all costs and attorneys’ fees incurred because of your Employee’s breach of any provisions of this Agreement. You Employee also agree that agrees that the knowledge, skills, and abilities you possess he or she possesses at the time of commencement of employment are sufficient to permit you Employee to earn a livelihood satisfactory to you Employee without violating any provision of this Agreement.

Appears in 1 contract

Samples: Consulting Agreement (Inovio Pharmaceuticals, Inc.)

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Relief, Remedies, and Enforcement. The parties I acknowledge that the Company CDK is engaged in a highly competitive business, and the covenants and restrictions contained in this Agreement, including the geographic and temporal restrictions, are reasonably designed to protect the CompanyCDK’s legitimate business interests, including Company CDK goodwill and relationships with Customers and Referral Sourcesclient relations, Confidential Information and Trade Secretstrade secrets, and the specialized skills and knowledge gained by your me and the CompanyCDK’s other employees during their our employment. You I acknowledge and agree that a breach of any provision of this Agreement by you me will cause serious and irreparable injury damage to the Company CDK that will be difficult to quantify and for which a remedy at law for monetary damages alone may not be adequately compensated by monetary damages aloneadequate. ThusAccordingly, in the event of a breach I agree that if CDK should bring an action to enforce its rights under this Agreement and CDK establishes that I have breached or threatened or intended to breach any of my obligations under this Agreement by youAgreement, the Company CDK shall be entitled to injunctive relief, both temporary and final, enjoining and restraining . I hereby waive any right to require CDK to obtain a bond in connection with any such breach or threatened or intended breach, despite any agreement between the parties to arbitrate any disputes related to any aspect of your employmentequitable proceedings. You further I also agree that nothing in this Agreement, or in any agreement between the parties to arbitrate any other aspect of your employment, Agreement shall be construed to prohibit the Company CDK from pursuing any and all other legal or equitable remedies available to it for breach of any of the provisions of this Agreement, including the recovery and return of the full amount shown above paid to you to enter into this Agreement, the disgorgement of any profits, commissions, or fees realized by youme, any subsequent employers, any business owned or operated by youme, or any of your my agents, heirs, or assigns. I agree that if CDK substantially prevails in any litigation arising out of or relating to this Agreement (including, as well as all costs and without limitation, paragraph nine (9) above), CDK shall be entitled to recovery of its reasonable attorneys’ fees incurred because of your breach of and associated costs, in addition to any provisions of this Agreementother relief mentioned above. You I also agree that that the knowledge, skills, and abilities you I possess at the time of commencement of my employment are sufficient to permit you me to earn a livelihood satisfactory to you me without violating any provision of this Agreementparagraphs three (3) through seven (7) above, for example, by using such knowledge, skills, and abilities, or some of them, in the service of business that is not competitive with CDK.

Appears in 1 contract

Samples: Transition and Release Agreement (CDK Global, Inc.)

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