Common use of Remedies and Enforceability Clause in Contracts

Remedies and Enforceability. (a) The Contractor agrees that the covenants and agreements contained in Sections 4, 5, 6, 7, and 8 hereof are of the essence of this Agreement; that each of such covenants is reasonable and necessary to protect and preserve the interests and properties of the Company and the Business of the Company; that the Company is engaged in and throughout the Area in the Business of the Company; that the Contractor has access to and knowledge of the Company’s business and financial plans; that irreparable loss and damage will be suffered by the Company should the Contractor breach any of such covenants and agreements; that each of such covenants and agreements is separate, distinct and severable not only from the other of such covenants and agreements but also from the other and remaining provisions of this Agreement; that the unenforceability of any such covenant or agreement shall not affect the validity or enforceability of any other such covenant or agreements or any other provision or provisions of this Agreement; and that, in addition to other remedies available to it, the Company shall be entitled to specific performance of this Agreement and to both temporary and permanent injunctions to prevent a breach or contemplated breach by the Contractor of any of such covenants or agreements.

Remedies and Enforceability. (a) The Contractor Consultant agrees that the covenants covenants, agreements, and agreements representations contained in Sections 4, 5, 6, 7, 4 and 8 5 hereof are of the essence of this Agreement; that each of such covenants is are reasonable and necessary to protect and preserve the interests and properties of the Company and the Business of the Company; that the Company is engaged in and throughout the Area in the Business of the Company; that the Contractor has access to and knowledge of the Company’s business and financial plansits Affiliates; that irreparable loss and damage will be suffered by the Company and its Affiliates should the Contractor Consultant breach any of such covenants and agreements; that each of such covenants and agreements is separate, distinct and severable not only from the other of such covenants and agreements but also from the other and remaining provisions of this Agreement; that the unenforceability of any such covenant or agreement shall not affect the validity or enforceability of any other such covenant or agreements or any other provision or provisions of this Agreement; and thatthat (a) the Consultant shall forfeit any unpaid compensation under Sections 2(b) through 2(e) if the Consultant materially breaches a covenant in Sections 4 or 5 hereof, in addition to other remedies available to it, and (b) the Company and the Parent shall be entitled to specific performance of this Agreement and to seek both temporary and permanent injunctions to prevent a breach or contemplated breach by the Contractor Consultant of any of such covenants or agreements, in addition to other remedies available to them.

Remedies and Enforceability. (a) The Contractor Executive agrees that the covenants covenants, agreements, and agreements representations contained in Sections 4, 5, 6, 7, and 8 Section 4 hereof are of the essence of this Agreement; that each of such covenants is are reasonable and necessary to protect and preserve the interests and properties of the Company and the Business of the Company; that the Company is engaged in and throughout the Area in the Business of the Company; that the Contractor has access to and knowledge of the Company’s business and financial plansits Affiliates; that irreparable loss and damage will be suffered by the Company and its Affiliates should the Contractor Executive breach any of such covenants and agreements; that each of such covenants and agreements is separate, distinct and severable not only from the other of such covenants and agreements but also from the other and remaining provisions of this Agreement; that the unenforceability of any such covenant or agreement shall not affect the validity or enforceability of any other such covenant or agreements or any other provision or provisions of this Agreement; and thatthat (a) Executive shall forfeit any unpaid compensation under Sections 2(a) through 2(c) if Executive materially breaches a covenant in Section 4 hereof, in addition to other remedies available to it, and (b) the Company and Parent shall be entitled to specific performance of this Agreement and to seek both temporary and permanent injunctions to prevent a breach or contemplated breach by the Contractor Executive of any of such covenants or agreements, in addition to other remedies available to them.

Remedies and Enforceability. (a) The Contractor Executive agrees that the covenants and agreements representations contained in Sections 4, 5, 6, 7, 4 and 8 5 hereof are of the essence of this Agreement; that each of such covenants is are reasonable and necessary to protect and preserve the interests and properties of the Company and the Business of the Company; that the Company is engaged in and throughout the Area in the Business of the Company; that the Contractor has access to and knowledge of the Company’s business and financial plans; that will suffer irreparable loss and damage will be suffered by the Company should the Contractor Executive breach any of such covenants covenants; and agreements; that each of such covenants and agreements is separate, distinct and severable not only separate from the other of such covenants and agreements but and also from the other and remaining provisions of this Agreement; that the unenforceability of any such covenant or agreement shall not affect the validity or enforceability of any other such covenant or agreements or any other provision or provisions of this Agreement; and that, in addition to other remedies available to it, the Company shall be entitled to specific performance of this Agreement and to seek both temporary and permanent injunctions to prevent a breach or contemplated breach by the Contractor Executive of any of such covenants or agreementsagreements without the necessity of posting any bond. Furthermore, the Executive agrees that any material violation of the covenants in Sections 4 and 5 will result in the immediate forfeiture of any remaining payment that otherwise is or may become due under Sections 2(g) and/or 3(b). The Company and the Executive agree that all remedies available to the Company or the Executive, as applicable, shall be cumulative.