Remedies for Breach of Covenants. (i) In the event that a Restrictive Covenant shall be deemed by any court to be unreasonably broad in any respect, it shall be modified in order to make it reasonable and shall be enforced accordingly; provided, however, that in the event that any court shall refuse to enforce any of the Restrictive Covenants, then the unenforceable covenant shall be deemed eliminated from the provisions of this Agreement for the purpose of those proceedings to the extent necessary to permit the remaining covenants to be enforced so that the validity, legality or enforceability of the remaining provisions of this Section 6 shall not be affected thereby.
Remedies for Breach of Covenants. Executive acknowledges and expressly agrees that the covenants contained in this Section 5 are reasonable with respect to their duration, geographical area and scope. Executive further acknowledges that, in light of his position with Company and access to Confidential Information during the Employment Period, the restrictions contained in this Section 5 are reasonable and necessary for the protection of the legitimate business interests of Company, that they create no undue hardships, that any violation of these restrictions would cause substantial injury to Company and such interests, and that such restrictions were a material inducement to Company to enter into this Agreement. In the event of any violation or threatened violation of these restrictions, Company, in addition to and not in limitation of, any other rights, remedies or damages available to Company under this Agreement or otherwise at law or in equity, shall be entitled to preliminary and permanent injunctive relief, to prevent or restrain any such violation by Executive and any and all Persons directly or indirectly acting for or with his, as the case may be.
Remedies for Breach of Covenants. Regarding paragraphs 7-10 of this Agreement:
Remedies for Breach of Covenants. In the event that a covenant included in this Agreement shall be deemed by any court to be unreasonably broad in any respect, it shall be modified in order to make it reasonable and shall be enforced accordingly; provided, however, that in the event that any court shall refuse to enforce any of the covenants contained in subsections 5(a) through (e), then the unenforceable covenant shall be deemed eliminated from the provisions of this Agreement for the purpose of those proceedings to the extent necessary to permit the remaining covenants to be enforced so that the validity, legality or enforceability of the remaining provisions of this Agreement shall not be affected thereby. If Xxxxx violates any of the covenants contained in this Section 5, then the Company's obligation to make any payments to Xxxxx otherwise due him under this Agreement shall immediately cease. In addition, Xxxxx acknowledges that any material breach of his covenants contained in this Section 5 will cause irreparable harm to the Company which will be difficult if not impossible to ascertain, and the Company shall be entitled to equitable relief, including injunctive relief, against any actual or threatened breach hereof, without bond and without liability should such relief be denied, modified or vacated. Neither the right to obtain such relief or the obtaining of such relief shall be exclusive of or preclude the Company from any other remedy.
Remedies for Breach of Covenants. In the event of any breach or threatened breach of any of the provisions herein, in addition to any other rights or remedies available to the Company, the Company shall have the right to seek monetary damages and equitable relief, including specific performance by means of temporary, preliminary or permanent injunctions against Executive or against Executive's partners, agents, representatives, servants, employers, employees, family members and/or any and all persons acting directly or indirectly by or with Executive, to prevent or restrain such breach. With respect to any such equitable actions or proceedings, Executive agrees that no adequate legal remedy exists, and hereby waives any defense that an adequate remedy at law exists and any requirement that the Company prove damages. Executive agrees that the Company's rights to seek injunctive and other equitable relief shall be and are cumulative and not exclusive and shall be in addition to any other remedies that the Company may have.
Remedies for Breach of Covenants. In the event that LH, in its operation of the Health System, breaches a Covenant, the County shall have all rights under this Agreement as a matter of law and equity, including, without limitation, the institution of legal action for specific performance and/or damages, provided however, that no Party shall be entitled to seek and obtain specific performance, injunctive relief or other equitable remedies from any court of competent jurisdiction for a Covenant Dispute until the cure, negotiation, mediation and dispute provisions set forth in Section 3.4 above or in the other provisions of this Agreement have been satisfied.
Remedies for Breach of Covenants. The Executive acknowledges and expressly agrees that the covenants contained in this Section 11 are reasonable with respect to their duration and scope. The Executive further acknowledges that the restrictions contained in this Section 11 are reasonable and necessary for the protection of the legitimate business interests of the Company and its Affiliates, that they create no undue hardships, that any violation of these restrictions would cause substantial injury to the Company and its Affiliates and such interests, and that such restrictions were a material inducement to the Company and Bank to enter into this Agreement. In the event of any violation or threatened violation of these restrictions, the Company and its Affiliates, in addition to and not in limitation of, any other rights, remedies or damages available to the Company under this Agreement or otherwise at law or in equity, shall be entitled to preliminary and permanent injunctive relief to prevent or restrain any such violation by the Executive and any and all persons directly or indirectly acting for or with her, as the case may be.
Remedies for Breach of Covenants. Notwithstanding any other provision in this Agreement to the contrary, Employee acknowledges and agrees that if he breaches the Covenant of Non-Solicitation, Covenant of Non-Competition, Covenant of Non-Disparagement, Covenant of Non-Disclosure of Confidential or Trade Secret Information, Covenant to Return Confidential Information and Materials, and/or the Covenant of Cooperation, Company shall have the right to have Employee’s obligations specifically enforced on the grounds that such breach will cause irreparable injury to Company and money damages will not prove an adequate remedy. Such equitable remedies shall be in addition to any other remedies at law or equity, all of which remedies shall be cumulative and not exclusive. Employee agrees that in the event Employee breaches any of the covenants mentioned in the preceding sentence in any material respect following the termination of this Agreement, Employee shall (x) not be entitled to receive, if not already paid, the benefits described in Section 5(b)(ii) hereof, and (y) return to the Company any and all payments previously made by the Company (or any of its affiliates) pursuant to Section 5(b)(ii) within 15 days after written demand for such repayment is made to Employee by the Company. Employee further acknowledges and agrees that the obligations contained in the aforementioned covenants are fair, do not unreasonably restrict Employee’s future employment and business opportunities, and are commensurate with the compensation arrangements set out in this Agreement. The Covenants set forth above survive the termination of this Agreement.
Remedies for Breach of Covenants. In the event of a breach by MicroVenture of the foregoing covenants that materially and adversely affects your investment in Shares sold to you under this Agreement, MicroVenture shall either:
Remedies for Breach of Covenants. In the event of a breach or threatened breach by EMPLOYEE of any covenants herein, EMPLOYEE agrees that the City of Xxxxxxxxx shall be entitled to a temporary restraining order or a preliminary injunction (without the necessity of the City of Xxxxxxxxx posting any bond in connection wherewith) restraining EMPLOYEE from such breach or threatened breach. Nothing herein shall be construed as prohibiting the City of Xxxxxxxxx form pursing any other remedies available to it for such breach or threatened breach, including the recovery of damages from EMPLOYEE.
