Common use of Remedies and Enforcement Clause in Contracts

Remedies and Enforcement. a. The Consultant acknowledges and agrees that the Company's remedy at law for a breach or threatened breach of any of the provisions of Sections 7 or 8 above would be inadequate and the breach shall be per se deemed as causing irreparable harm to the Company. In recognition of this fact, in the event of a breach by the Consultant of any of the provisions of Sections 7 and 8 above, the Consultant agrees that, in addition to any remedy at law available to the Company, including, but not limited to monetary damages, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available to the Company. b. If the Consultant violates the restrictions set forth in this Agreement, then the duration of the restrictions under Sections 7 or 8 above shall be extended for an amount of time equal to the number of days that the Consultant violated the Agreement until the date that the Company obtains an order enjoining the Consultant from said violation. c. In the event that, despite the express agreement of the Consultant and the Company, any provision stated herein shall be determined by any court or other tribunal of competent jurisdiction to be unenforceable for any reason whatsoever, the parties agree that the provision shall be interpreted to extend only over the maximum period of time for which it may be enforceable; and/or over the maximum extent in any and all other respects as to which it may be enforceable, all as determined by such court or tribunal. d. In the event that the Consultant challenges this Agreement and an injunction is issued staying the implementation of the restrictions imposed herein, the time remaining on the restrictions shall be tolled until the challenge is resolved by final adjudication, settlement or otherwise, except that the time remaining on the restrictions shall not be tolled during any period in which the Consultant is unemployed. If a court finds in favor of the Company, the restrictions will be imposed for the amount of time that remains on the restrictions at the time they were tolled, or at the time of the court's decision of the restrictions were not tolled, as the case may be. e. The Consultant further acknowledges and agrees that in the event of a breach, or threatened breach of the provisions of Sections 7 and 8 above, the Company will suffer immediate and irreparable harm which said harm is presumed to occur, and that the Company shall be entitled to receive from a court of competent jurisdiction, a temporary restraining order with or without notice to the Consultant, as well as the entry of a preliminary and permanent injunction. Said right to an injunction shall be in addition to and not in limitation of any other rights or remedies the Company may have for damages or otherwise. f. It is further expressly understood and agreed that the provisions of this Agreement shall apply whether this Agreement is terminated by the Company or the Consultant or upon its expiration or termination. g. If the Consultant breaches this provision and the Company seeks an injunction or other legal remedy to interpret or enforce this covenant, then the Consultant agrees to pay all reasonable attorneys' fees and costs of the Company both for the trial and any appeal. h. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to it for such breach or threatened breach.

Remedies and Enforcement. a. The Consultant Executive acknowledges and agrees that the Company's remedy at law for a breach or threatened breach of any of the provisions of Sections 7 9 or 8 10 above would be inadequate and the breach shall be per se deemed as causing irreparable harm to the Company. In recognition of this fact, in the event of a breach by the Consultant Executive of any of the provisions of Sections 7 9 and 8 10 above, the Consultant Executive agrees that, in addition to any remedy at law available to the Company, including, but not limited to monetary damages, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available to the Company. b. If the Consultant Executive violates the restrictions set forth in this Agreement, then the duration of the restrictions under Sections 7 9 or 8 10 above shall be extended for an amount of time equal to the number of days that the Consultant Executive violated the Agreement until the date that the Company obtains an order enjoining the Consultant Executive from said violation. c. In the event that, despite the express agreement of the Consultant Executive and the Company, any provision stated herein shall be determined by any court or other tribunal of competent jurisdiction to be unenforceable for any reason whatsoever, the parties agree that the provision shall be interpreted to extend only over the maximum period of time for which it may be enforceable; and/or over the maximum extent in any and all other respects as to which it may be enforceable, all as determined by such court or tribunal. d. In the event that the Consultant Executive challenges this Agreement and an injunction is issued staying the implementation of the restrictions imposed herein, the time remaining on the restrictions shall be tolled until the challenge is resolved by final adjudication, settlement or otherwise, except that the time remaining on the restrictions shall not be tolled during any period in which the Consultant Executive is unemployed. If a court finds in favor of the Company, the restrictions will be imposed for the amount of time that remains on the restrictions at the time they were tolled, or at the time of the court's decision of the restrictions were not tolled, as the case may be. e. The Consultant Executive further acknowledges and agrees that in the event of a breach, or threatened breach of the provisions of Sections 7 9 and 8 10 above, the Company will suffer immediate and irreparable harm which said harm is presumed to occur, and that the Company shall be entitled to receive from a court of competent jurisdiction, a temporary restraining order with or without notice to the ConsultantExecutive, as well as the entry of a preliminary and permanent injunction. Said right to an injunction shall be in addition to and not in limitation of any other rights or remedies the Company may have for damages or otherwise. f. It is further expressly understood and agreed that the provisions of this Agreement shall apply whether this Agreement is terminated by the Company or the Consultant Executive or upon its expiration or termination. g. If the Consultant Executive breaches this provision and the Company seeks an injunction or other legal remedy to interpret or enforce this covenant, then the Consultant Executive agrees to pay all reasonable attorneys' fees and costs of the Company both for the trial and any appeal. h. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to it for such breach or threatened breach.

Remedies and Enforcement. a. The Consultant acknowledges (a) Sellers expressly agree and agrees understand that the Company's remedy at law for any breach by Sellers of SECTION 7.1 will be inadequate and that the damages flowing from such breach are not readily susceptible to being measured in monetary terms. Accordingly, it is acknowledged that upon adequate proof of Sellers' violation of SECTION 7.1, Purchasers will be entitled, among other remedies, to immediate injunctive relief and may obtain a temporary restraining order restraining any threatened or further breach. Nothing in SECTION 7.1 will be deemed to limit Purchasers' remedies at law or in equity for any breach or threatened breach by Sellers of any of the provisions of Sections 7 this Agreement which may be pursued or 8 above would be inadequate and the breach shall be per se deemed as causing irreparable harm to the Company. availed of by Purchasers. (b) In recognition of this fact, in the event any court of a breach by competent jurisdiction determines that the Consultant of any of the provisions of Sections 7 and 8 above, the Consultant agrees that, in addition to any remedy at law available to the Company, including, but not limited to monetary damages, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, temporary specified time period or permanent injunction or any other equitable remedy which may then be available to the Company. b. If the Consultant violates the restrictions geographical area set forth in this AgreementSECTION 7.1 is unreasonable, arbitrary, or against public policy, then the duration of the restrictions under Sections 7 a lesser time period or 8 above shall be extended for an amount of time equal to the number of days geographical area that the Consultant violated the Agreement until the date that the Company obtains an order enjoining the Consultant from said violation. c. In the event that, despite the express agreement of the Consultant and the Company, any provision stated herein shall be is determined by any the court or other tribunal of competent jurisdiction to be unenforceable for any reason whatsoeverreasonable, the parties agree that the provision shall be interpreted to extend only over the maximum period of time for which it non-arbitrary, and not against public policy may be enforceable; and/or over the maximum extent in any and all other respects as to which it may be enforceable, all as determined by such court or tribunal. d. In the event that the Consultant challenges this Agreement and an injunction is issued staying the implementation of the restrictions imposed herein, the time remaining on the restrictions shall be tolled until the challenge is resolved by final adjudication, settlement or otherwise, except that the time remaining on the restrictions shall not be tolled during any period in which the Consultant is unemployedenforced. If a court finds in favor of the Company, the restrictions will be imposed for the amount of time that remains on the restrictions at the time they were tolled, or at the time of the court's decision of the restrictions were not tolled, as the case may be. e. The Consultant further acknowledges and agrees that in the event of a breach, or threatened breach of the provisions of Sections 7 and 8 above, the Company will suffer immediate and irreparable harm which said harm is presumed to occur, and that the Company shall be entitled to receive from a court of competent jurisdiction, a temporary restraining order with or without notice to the Consultant, as well as the entry of a preliminary and permanent injunction. Said right to an injunction shall be in addition to and not in limitation of any other rights or remedies the Company may have for damages or otherwise. f. It is further expressly understood and agreed Sellers acknowledge that the provisions of this Agreement Article VII have been inserted for the sole benefit of Purchasers and that Purchasers shall apply whether have the right, in their sole discretion, to waive in whole or in part or otherwise reduce the scope of any covenant set forth in this Agreement is terminated by Article VII or any portion thereof without the Company or the Consultant or Sellers' consent effective upon its expiration or terminationPurchasers giving notice to that effect to Sellers and Sellers hereby consent to any such amendment. g. If (c) In the Consultant breaches this provision and the Company seeks an injunction event Sellers violate any specified time period in SECTION 7.1 during which Sellers are prohibited from taking certain actions or other legal remedy to interpret or enforce this covenantengaging in certain activities, then such violation will toll the Consultant agrees to pay all reasonable attorneys' fees and costs running of such time period from the Company both for the trial and any appealdate of such violation until such violation ceases. h. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to it for such breach or threatened breach.

Remedies and Enforcement. a. The Consultant Executive acknowledges and agrees that the Company's remedy at law for a breach or threatened breach of any of the provisions of Sections 7 or 8 above herein would be inadequate and the breach shall be per se deemed as causing irreparable harm to the Company. In recognition of this fact, in the event of a breach by the Consultant Executive of any of the provisions of Sections 7 and 8 aboveor 8, the Consultant Executive agrees that, in addition to any remedy at law available to the Company, including, but not limited to monetary damages, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available to the Company. b. If the Consultant Executive violates the restrictions set forth in this Agreement, then the duration of the restrictions under Sections 7 or 8 above shall be extended for an amount of time equal to the number of days that the Consultant Executive violated the Agreement until the date that the Company obtains an order enjoining the Consultant Executive from said violation. c. In the event that, despite the express agreement of the Consultant Executive and the Company, any provision stated herein shall be determined by any court or other tribunal of competent jurisdiction to be unenforceable for any reason whatsoever, the parties agree that the provision shall be interpreted to extend only over the maximum period of time for which it may be enforceable; and/or over the maximum geographical area as to which it may be enforceable, and/or to the maximum extent in any and all other respects as to which it may be enforceable, all as determined by such court or tribunal. d. In the event that the Consultant Executive challenges this Agreement and an injunction is issued staying the implementation of the restrictions imposed herein, the time remaining on the restrictions shall be tolled until the challenge is resolved by final adjudication, settlement or otherwise, except that the time remaining on the restrictions shall not be tolled during any period in which the Consultant Executive is unemployed. If a court finds in favor of the Company, the restrictions will be imposed for the amount of time that remains on the restrictions at the time they were tolled, or at the time of the court's decision of the restrictions were not tolled, as the case may be. e. The Consultant provisions of Sections 7 and 8 of this Agreement, as well as the period of time, geographical areas and types and scope of restrictions of Executive's activities specified herein are intended to be divisible; and, in the event any provision herein shall be deemed invalid or unenforceable in any respect, as to any one or more periods of time, geographical areas, business or activities, the remaining provisions shall not thereby be affected but shall remain in full force and effect; and this Agreement shall be deemed to be amended without further action by the parties hereto to the extent necessary to render it valid and enforceable. f. The Executive further acknowledges and agrees that in the event of a breach, or threatened breach of the provisions of Sections 7 and 8 aboveor 8, the Company will suffer immediate and irreparable harm which said harm is presumed to occur, and that the Company shall be entitled to receive from a court of competent jurisdiction, a temporary restraining order with or without notice to the ConsultantExecutive, as well as the entry of a preliminary and permanent injunction. Said right to an injunction shall be in addition to and not in limitation of any other rights or remedies the Company may have for damages or otherwise. f. g. It is further expressly understood and agreed that the provisions of this Agreement shall apply whether this Agreement is terminated by the Company or the Consultant Executive or upon its expiration or termination. g. h. If the Consultant Executive breaches this provision and the Company seeks an injunction or other legal remedy to interpret or enforce this covenant, then the Consultant Executive agrees to pay all reasonable attorneys' fees and costs of the Company both for the trial and any appeal. h. i. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to it for such breach or threatened breach.

Remedies and Enforcement. a. The Consultant acknowledges and agrees that the Company's remedy at law for a breach or threatened breach of any of the provisions of Sections 7 or 8 above herein would be inadequate and the breach shall be per se deemed as causing irreparable harm to the Company. In recognition of this fact, in the event of a breach by the Consultant of any of the provisions of Sections 7 and 8 aboveor 8, the Consultant agrees that, in addition to any remedy at law available to the Company, including, but not limited to monetary damages, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available to the Company. b. If the Consultant violates the restrictions set forth in this Agreement, then the duration of the restrictions under Sections 7 or 8 above shall be extended for an amount of time equal to the number of days that the Consultant violated the Agreement until the date that the Company obtains an order enjoining the Consultant from said violation. c. In the event that, despite the express agreement of the Consultant and the Company, any provision stated herein shall be determined by any court or other tribunal of competent jurisdiction to be unenforceable for any reason whatsoever, the parties agree that the provision shall be interpreted to extend only over the maximum period of time for which it may be enforceable; and/or over the maximum geographical area as to which it may be enforceable, and/or to the maximum extent in any and all other respects as to which it may be enforceable, all as determined by such court or tribunal. d. In the event that the Consultant challenges this Agreement and an injunction is issued staying the implementation of the restrictions imposed herein, the time remaining on the restrictions shall be tolled until the challenge is resolved by final adjudication, settlement or otherwise, except that the time remaining on the restrictions shall not be tolled during any period in which the Consultant is unemployed. If a court finds in favor of the Company, the restrictions will be imposed for the amount of time that remains on the restrictions at the time they were tolled, or at the time of the court's decision of the restrictions were not tolled, as the case may be. e. The provisions of Sections 7 and 8 of this Agreement, as well as the period of time, geographical areas and types and scope of restrictions of Consultant's activities specified herein are intended to be divisible; and, in the event any provision herein shall be deemed invalid or unenforceable in any respect, as to any one or more periods of time, geographical areas, business or activities, the remaining provisions shall not thereby be affected but shall remain in full force and effect; and this Agreement shall be deemed to be amended without further action by the parties hereto to the extent necessary to render it valid and enforceable. f. The Consultant further acknowledges and agrees that in the event of a breach, or threatened breach of the provisions of Sections 7 and 8 aboveor 8, the Company will suffer immediate and irreparable harm which said harm is presumed to occur, and that the Company shall be entitled to receive from a court of competent jurisdiction, a temporary restraining order with or without notice to the Consultant, as well as the entry of a preliminary and permanent injunction. Said right to an injunction shall be in addition to and not in limitation of any other rights or remedies the Company may have for damages or otherwise. f. g. It is further expressly understood and agreed that the provisions of this Agreement shall apply whether this Agreement is terminated by the Company or the Consultant or upon its expiration or termination. g. h. If the Consultant breaches this provision and the Company seeks an injunction or other legal remedy to interpret or enforce this covenant, then the Consultant agrees to pay all reasonable attorneys' fees and costs of the Company both for the trial and any appeal. h. i. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to it for such breach or threatened breach.

Remedies and Enforcement. a. The Consultant Executive acknowledges and agrees that the Company's Company remedy at law for a breach or threatened breach of any of the provisions of Sections 7 or and 8 above herein would be inadequate and the breach shall be per se deemed as causing irreparable harm to the Company. In recognition of this fact, in the event of a breach by the Consultant Executive of any of the provisions of Sections 7 and 8 above8, the Consultant Executive agrees that, in addition to any remedy at law available to the Company, including, but not limited to monetary damages, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available to the Company. b. If the Consultant Executive violates the restrictions set forth in this Agreement, then the duration of the restrictions under Sections 7 or and 8 above shall be extended for an amount of time equal to the number of days that the Consultant Executive violated the Agreement until the date that the Company obtains an order enjoining the Consultant Executive from said violation. c. In the event that, despite the express agreement of the Consultant Executive and the Company, any provision stated herein shall be determined by any court or other tribunal of competent jurisdiction to be unenforceable for any reason whatsoever, the parties agree that the provision shall be interpreted to extend only over the maximum period of time for which it may be enforceable; and/or over the maximum geographical area as to which it may be enforceable, and/or over the maximum geographical area as to which it may be enforceable, and/or to the maximum extent in any and all other respects as to which it may be enforceable, all as determined by such court or tribunal. d. In the event that the Consultant Executive challenges this Agreement and an injunction is issued staying the implementation of the restrictions imposed herein, the time remaining on the restrictions shall be tolled until the challenge is resolved by final adjudication, settlement or otherwise, except that the time remaining on the restrictions shall not be tolled during any period in which the Consultant Executive is unemployed. If a court finds in favor of the Company, the restrictions will be imposed for the amount of time that remains on the restrictions at the time they were tolled, or at the time of the court's ’s decision of the restrictions were not tolled, as the case may be. e. The Consultant provision of Section 7 of this Agreement, as well as the period of time, geographical areas and types and scope of restrictions of Executive’s activities specified herein are intended to be divisible; and, in the event any provision herein shall be deemed invalid or unenforceable in any respect, as to any one or more periods of time, geographical areas, business or activities, the remaining provisions shall not thereby be affected but shall remain in full force and effect; and this Agreement shall be deemed to be amended without further action by the parties hereto to the extent necessary to render it valid and enforceable. f. The Executive further acknowledges and agrees that in the event of a breach, or threatened breach of the provisions of Sections 7 and 8 above8, the Company will suffer immediate and irreparable harm which said harm is presumed to occur, and that the Company shall be entitled to receive from a court of competent jurisdiction, a temporary restraining order with or without notice to the ConsultantExecutive, as well as the entry of a preliminary and permanent injunction. Said right to an injunction shall be in addition to and not in limitation of any other rights or remedies the Company may have for monetary damages or otherwiseother damages or relief. f. g. It is further expressly understood and agreed that the provisions of this Agreement shall apply whether this Agreement is terminated by the Company or the Consultant Executive or upon its expiration or termination. g. . If the Consultant Executive breaches this provision and the Company seeks an injunction or other legal remedy to interpret or enforce this covenant, then the Consultant Executive agrees to pay all reasonable attorneys' ’ fees and costs of the Company both for the trial and any appeal. h. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to it for such breach or threatened breach.