Remedies for Breach of Restrictive Covenants. 4.1 The parties to this Agreement recognize that irreparable harm would result from any breach by Employee of Section 3 of this Agreement and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, in addition to any other remedy which may be available to the Company, if Employee breaches a restrictive covenant in this Agreement, the parties acknowledge that injunctive relief in favor of the Company is proper. 4.2 A waiver of any of Employee's obligations under this Agreement shall be ineffective unless it is set forth in writing and signed by the Chairman of the Board of FIS. 4.3 If a court of competent jurisdiction determines that any of the restrictions in this Agreement are overbroad, the parties agree that such term shall be deemed modified to permit enforcement to the maximum extent allowed by law. 4.4 If Employee breaches a covenant containing a specified term, the term shall be extended by the period of time between Employee's termination of employment with the Company and the date a court of competent jurisdiction enters an injunction restraining further breach of the covenant.
Appears in 3 contracts
Samples: Non Competition Agreement (Fidelity National Financial Inc /De/), Non Competition Agreement (Fidelity National Financial Inc /De/), Non Competition Agreement (Fidelity National Financial Inc /De/)
Remedies for Breach of Restrictive Covenants. 4.1 The parties to this Agreement recognize that irreparable harm would result from any breach by Employee of Section 3 of this Agreement and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, in addition to any other remedy which may be available to the Company, if Employee breaches a restrictive covenant in this Agreement, the parties acknowledge that injunctive relief in favor of the Company is proper.
4.2 A waiver of any of Employee's ’s obligations under this Agreement shall be ineffective unless it is set forth in writing and signed by the Chairman of the Board of FIS.
4.3 If a court of competent jurisdiction determines that any of the restrictions in this Agreement are overbroad, the parties agree that such term shall be deemed modified to permit enforcement to the maximum extent allowed by law.
4.4 If Employee breaches a covenant containing a specified term, the term shall be extended by the period of time between Employee's ’s termination of employment with the Company and the date a court of competent jurisdiction enters an injunction restraining further breach of the covenant.
Appears in 3 contracts
Samples: Non Competition Agreement (Sanchez Computer Associates Inc), Non Competition Agreement (Sanchez Computer Associates Inc), Non Competition Agreement (Sanchez Computer Associates Inc)
Remedies for Breach of Restrictive Covenants. 4.1 The parties to this Agreement recognize that irreparable harm would result from any breach by Employee Shareholder of Section 3 of this Agreement and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, in addition to any other remedy which may be available to the a Company, if Employee Shareholder breaches a restrictive covenant in this Agreement, the parties acknowledge that injunctive relief in favor of the Company Companies is proper.
4.2 A waiver of any of EmployeeShareholder's obligations under this Agreement shall be ineffective unless it is set forth in writing and signed by the Chairman of the Board of FISFNF.
4.3 If a court of competent jurisdiction determines that any of the restrictions in this Agreement are overbroad, the parties agree that such term shall be deemed modified to permit enforcement to the maximum extent allowed by law.
4.4 If Employee Shareholder breaches a covenant containing a specified termany of Shareholder's covenants in Section 3 of this Agreement, the term period following the Commencement Date during which such covenant is in effect shall be extended by the period of time between EmployeeShareholder's termination of employment with the Company breach and the date a court of competent jurisdiction enters an injunction restraining further breach of the covenant.
Appears in 1 contract
Samples: Non Competition Agreement (Fidelity National Financial Inc /De/)