Common use of Remedies for Breach of Covenants Clause in Contracts

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.

Appears in 2 contracts

Samples: Employment Agreement (WMX Technologies Inc), Employment Agreement (Waste Management Inc /De/)

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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) Sections 5.1 through (e)5.4, 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 Executive violates any of the covenants contained in this Section 5, then the Company's obligation to make any payments to Xxxxx Executive otherwise due him under this Agreement shall immediately cease. In addition, Xxxxx Executive acknowledges that any material breach of his covenants contained in this Section 5 Sections 5.1 through 5.4 will cause irreparable harm to the Company 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.

Appears in 1 contract

Samples: Employment Agreement (Spincycle Inc)

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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, however, that in the event that any court of competent jurisdiction shall refuse to enforce any of the covenants contained in subsections Paragraphs 5(a) through (ed), then the unenforceable covenant shall be deemed to be 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 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.

Appears in 1 contract

Samples: Employment Agreement (Skylynx Communications Inc)

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