Common use of Remedies for Breach of Restrictive Covenants Clause in Contracts

Remedies for Breach of Restrictive Covenants. Consultant acknowledges that in connection with Consultant's work performed under this Agreement, he will receive or will become eligible to receive substantial benefits and compensation. Consultant acknowledges that Consultant's work performed under this Agreement and all compensation and benefits from such work will be conferred by the Company upon Consultant only because and on the condition of Consultant's willingness to commit Consultant's best efforts and loyalty to the Company, including protecting the Company's Confidential Information and abiding by the restrictive covenants outlined in this Article 6. Consultant agrees that his obligations set out in this Article 6 will not unduly restrict or curtail Consultant's legitimate efforts to earn a livelihood following any termination of his employment with the Company. Consultant agrees that the restrictions contained in this Article 6 are reasonable and necessary and all defenses to the strict enforcement of these restrictions by the Company are waived by Consultant. Consultant further acknowledges that a breach or threatened breach by Consultant of any of the provisions contained in this Article 6 would cause the Company irreparable harm which could not be adequately compensated in damages alone. Consultant further acknowledges that it is essential to the effective enforcement of this Agreement that, in addition to any other remedies to which the Company may be entitled at law or in equity or otherwise, the Company will be entitled to seek and obtain, in a summary manner, from a court of competent jurisdiction, interim, interlocutory, preliminary, and permanent injunctive relief, specific performance, and other equitable remedies, without bond or other security being required. In addition to any other remedies to which the Company may be entitled at law or in equity or otherwise, in the event of a breach of any of the covenants or other obligations contained in this Agreement, the Company will be entitled to an accounting and repayment of all profits, compensation, royalties, commissions, remuneration or benefits which Consultant directly or indirectly has realized or may realize relating to, arising out of or in connection with any such breach. Should a court of competent jurisdiction declare any of the covenants set out in this Article 6 unenforceable, the court shall be empowered and directed to modify and reform such covenants so as to provide relief reasonably necessary to protect the legitimate interests of the Company and to award injunctive relief, damages, or both to which the Company may be entitled. The remedies set out in this Agreement are in addition to other remedies that may be available at law and equity including, without limitation, remedies under the Universal Trade Secrets Act and the Federal Defend Trade Secrets Act.

Remedies for Breach of Restrictive Covenants. Consultant 8.01 The Executive acknowledges that in connection with Consultant's work performed under this Agreement, the Executive’s employment he will receive or will become eligible to receive substantial benefits and compensation. Consultant The Executive acknowledges that Consultant's work performed under this Agreement the Executive’s employment by the Company and all compensation and benefits from such work employment will be conferred by the Company upon Consultant the Executive only because and on the condition of Consultant's the Executive’s willingness to commit Consultant's the Executive’s best efforts and loyalty to the Company, including protecting the Company's Confidential Information ’s confidential information and abiding by the restrictive non-competition and non-solicitation covenants outlined contained in this Article 6Agreement. Consultant agrees The Executive understands that his obligations set out in this Article Sections 6 and 7 above will not unduly restrict or curtail Consultant's the Executive’s legitimate efforts to earn a livelihood following any termination of his employment with the Company. Consultant The Executive agrees that the restrictions contained in this Article Section 6 above are reasonable and necessary valid and all defenses defences to the strict enforcement of these restrictions by the Company are waived by Consultantthe Executive. Consultant The Executive further acknowledges that a breach or threatened breach by Consultant the Executive of any of the provisions contained in this Article Sections 6 or 7 above would cause the Company irreparable harm which could not be adequately compensated in damages alone. Consultant The Executive further acknowledges that it is essential to the effective enforcement of this Agreement that, in addition to any other remedies to which the Company may be entitled at law or in equity or otherwise, the Company will be entitled to seek and obtain, in a summary manner, from a court of competent any Court having jurisdiction, interim, interlocutory, preliminary, and permanent injunctive relief, specific performance, performance and other equitable remedies, without bond or other security being required. In addition to any other remedies to which the Company may be entitled at law or in equity or otherwise, in the event of a breach of any of the covenants or other obligations contained in this Agreement, the Company will be entitled to an accounting and repayment of all profits, compensation, royalties, commissions, remuneration or benefits which Consultant the Executive directly or indirectly indirectly, has realized or may realize relating to, arising out of of, or in connection with any such breach. Should a court of competent jurisdiction declare any of the covenants set out forth in this Article Sections 6 or 7 unenforceable, the court shall be empowered and directed to modify and reform such covenants so as to provide relief reasonably necessary to protect the legitimate interests of the Company and the Executive and to award injunctive relief, or damages, or both both, to which the Company may be entitled. The remedies set out in this Agreement are in addition to other remedies that may be available at law and equity including, without limitation, remedies under the Universal Trade Secrets Act and the Federal Defend Trade Secrets Act.

Remedies for Breach of Restrictive Covenants. Consultant Executive has reviewed the provisions of this Agreement with legal counsel, or has been given adequate opportunity to seek such counsel, and Executive acknowledges that in connection with Consultant's work performed under this Agreement, he will receive or will become eligible to receive substantial benefits and compensation. Consultant acknowledges that Consultant's work performed under this Agreement and all compensation and benefits from such work will be conferred by the Company upon Consultant only because and on the condition of Consultant's willingness to commit Consultant's best efforts and loyalty to the Company, including protecting the Company's Confidential Information and abiding by the restrictive covenants outlined contained in this Article 6Section 6 are reasonable with respect to their duration, geographical area, and scope. Consultant agrees that his obligations set out in this Article 6 will not unduly restrict or curtail Consultant's legitimate efforts to earn a livelihood following any termination of his employment with the Company. Consultant agrees Executive further acknowledges that the restrictions contained in this Article Section 6 are reasonable and necessary for the protection of the legitimate business interests of the Employer and all defenses to the strict enforcement Affiliates, that they create no undue hardships, that any violation of these restrictions by would cause substantial injury to the Company are waived by ConsultantEmployer and the Affiliates and such interests, and that such restrictions were a material inducement to the Employer to enter into this Agreement. Consultant further acknowledges that a breach In the event of any violation or threatened breach by Consultant of any violation of the provisions restrictions contained in this Article 6 would cause Section 6, the Company irreparable harm which could not be adequately compensated in damages alone. Consultant further acknowledges that it is essential to Employer and the effective enforcement of this Agreement thatAffiliates, in addition to and not in limitation of, any other remedies to which the Company may be entitled rights, remedies, or damages available under this Agreement or otherwise at law or in equity or otherwiseequity, the Company will (i) shall be entitled to seek and obtain, in a summary manner, from a court of competent jurisdiction, interim, interlocutory, preliminary, preliminary and permanent injunctive relief, specific performance, relief to prevent or restrain any such violation by Executive and other equitable remedies, without bond or other security being required. In addition to any other remedies to which the Company may be entitled at law or in equity or otherwise, in the event of a breach of any of the covenants or other obligations contained in this Agreement, the Company will be entitled to an accounting and repayment of all profits, compensation, royalties, commissions, remuneration or benefits which Consultant persons directly or indirectly has realized acting for or with Executive, as the case may realize relating tobe, arising out without any requirement that the Employer or an Affiliate post bond and (ii) shall be relieved of any obligation to pay or in connection with provide any such breachamounts or benefits pursuant to this Agreement. Should If Executive violates the Restrictive Covenant and the Employer brings legal action for injunctive or other relief, the Employer shall not, as a court of competent jurisdiction declare any result of the covenants set out time involved in this Article 6 unenforceableobtaining such relief, be deprived of the benefit of the full period of the Restrictive Covenant; accordingly, the court Restrictive Covenant shall be empowered deemed to have the duration specified herein computed from the date the relief is granted but reduced by the time between the period when the Restricted Period began to run and directed to modify and reform such covenants so as to provide relief reasonably necessary to protect the legitimate interests date of the Company and to award injunctive relief, damages, or both to which first violation of the Company may be entitled. The remedies set out in this Agreement are in addition to other remedies that may be available at law and equity including, without limitation, remedies under the Universal Trade Secrets Act and the Federal Defend Trade Secrets ActRestrictive Covenant by Executive.

Remedies for Breach of Restrictive Covenants. Consultant Executive has reviewed the provisions of this Agreement with legal counsel, or has been given adequate opportunity to seek such counsel, and Executive acknowledges that in connection with Consultant's work performed under this Agreement, he will receive or will become eligible to receive substantial benefits and compensation. Consultant acknowledges that Consultant's work performed under this Agreement and all compensation and benefits from such work will be conferred by the Company upon Consultant only because and on the condition of Consultant's willingness to commit Consultant's best efforts and loyalty to the Company, including protecting the Company's Confidential Information and abiding by the restrictive covenants outlined contained in this Article 6Section 6 are reasonable with respect to their duration, geographical area, and scope. Consultant agrees that his obligations set out in this Article 6 will not unduly restrict or curtail Consultant's legitimate efforts to earn a livelihood following any termination of his employment with the Company. Consultant agrees Executive further acknowledges that the restrictions contained in this Article Section 6 are reasonable and necessary for the protection of the legitimate business interests of the Employer and all defenses to the strict enforcement Affiliates, that they create no undue hardships, that any violation of these restrictions by would cause substantial injury to the Company are waived by ConsultantEmployer and the Affiliates and such interests, and that such restrictions were a material inducement to the Employer to enter into this Agreement. Consultant further acknowledges that a breach In the event of any violation or threatened breach by Consultant of any violation of the provisions restrictions contained in this Article 6 would cause Section 6, the Company irreparable harm which could not be adequately compensated in damages alone. Consultant further acknowledges that it is essential to Employer and the effective enforcement of this Agreement thatAffiliates, in addition to and not in limitation of, any other remedies to which the Company may be entitled rights, remedies, or damages available under this Agreement or otherwise at law or in equity or otherwiseequity, the Company will (i) shall be entitled to seek and obtain, in a summary manner, from a court of competent jurisdiction, interim, interlocutory, preliminary, preliminary and permanent injunctive relief, specific performance, relief to prevent or restrain any such violation by Executive and other equitable remedies, without bond or other security being required. In addition to any other remedies to which the Company may be entitled at law or in equity or otherwise, in the event of a breach of any of the covenants or other obligations contained in this Agreement, the Company will be entitled to an accounting and repayment of all profits, compensation, royalties, commissions, remuneration or benefits which Consultant persons directly or indirectly has realized acting for or with Executive, as the case may realize relating tobe, arising out without any requirement that the Employer or an Affiliate post bond and (ii) shall be relieved of any obligation to pay or in connection with provide any such breachamounts or benefits pursuant to this Agreement. Should If Executive violates the Restrictive Covenant and the Employer brings legal action for injunctive or other relief, the Employer shall not, as a court of competent jurisdiction declare any result of the covenants set out time involved in this Article 6 unenforceable#847553v2_IMAN_ - Stiteley First Community Financial Employment Agreement 11 obtaining such relief, be deprived of the benefit of the full period of the Restrictive Covenant; accordingly, the court Restrictive Covenant shall be empowered deemed to have the duration specified herein computed from the date the relief is granted but reduced by the time between the period when the Restricted Period began to run and directed to modify and reform such covenants so as to provide relief reasonably necessary to protect the legitimate interests date of the Company and to award injunctive relief, damages, or both to which first violation of the Company may be entitled. The remedies set out in this Agreement are in addition to other remedies that may be available at law and equity including, without limitation, remedies under the Universal Trade Secrets Act and the Federal Defend Trade Secrets ActRestrictive Covenant by Executive.

Remedies for Breach of Restrictive Covenants. Consultant Executive has reviewed the provisions of this Agreement with legal counsel, or has been given adequate opportunity to seek such counsel, and Executive acknowledges that in connection with Consultant's work performed under this Agreement, he will receive or will become eligible to receive substantial benefits and compensation. Consultant acknowledges that Consultant's work performed under this Agreement and all compensation and benefits from such work will be conferred by the Company upon Consultant only because and on the condition of Consultant's willingness to commit Consultant's best efforts and loyalty to the Company, including protecting the Company's Confidential Information and abiding by the restrictive covenants outlined contained in this Article 6Section 6 are #847539v2_IMAN_ - Xxxxxx First Community Financial Employment Agreement 11 reasonable with respect to their duration, geographical area, and scope. Consultant agrees that his obligations set out in this Article 6 will not unduly restrict or curtail Consultant's legitimate efforts to earn a livelihood following any termination of his employment with the Company. Consultant agrees Executive further acknowledges that the restrictions contained in this Article Section 6 are reasonable and necessary for the protection of the legitimate business interests of the Employer and all defenses to the strict enforcement Affiliates, that they create no undue hardships, that any violation of these restrictions by would cause substantial injury to the Company are waived by ConsultantEmployer and the Affiliates and such interests, and that such restrictions were a material inducement to the Employer to enter into this Agreement. Consultant further acknowledges that a breach In the event of any violation or threatened breach by Consultant of any violation of the provisions restrictions contained in this Article 6 would cause Section 6, the Company irreparable harm which could not be adequately compensated in damages alone. Consultant further acknowledges that it is essential to Employer and the effective enforcement of this Agreement thatAffiliates, in addition to and not in limitation of, any other remedies to which the Company may be entitled rights, remedies, or damages available under this Agreement or otherwise at law or in equity or otherwiseequity, the Company will (i) shall be entitled to seek and obtain, in a summary manner, from a court of competent jurisdiction, interim, interlocutory, preliminary, preliminary and permanent injunctive relief, specific performance, relief to prevent or restrain any such violation by Executive and other equitable remedies, without bond or other security being required. In addition to any other remedies to which the Company may be entitled at law or in equity or otherwise, in the event of a breach of any of the covenants or other obligations contained in this Agreement, the Company will be entitled to an accounting and repayment of all profits, compensation, royalties, commissions, remuneration or benefits which Consultant persons directly or indirectly has realized acting for or with Executive, as the case may realize relating tobe, arising out without any requirement that the Employer or an Affiliate post bond and (ii) shall be relieved of any obligation to pay or in connection with provide any such breachamounts or benefits pursuant to this Agreement. Should If Executive violates the Restrictive Covenant and the Employer brings legal action for injunctive or other relief, the Employer shall not, as a court of competent jurisdiction declare any result of the covenants set out time involved in this Article 6 unenforceableobtaining such relief, be deprived of the benefit of the full period of the Restrictive Covenant; accordingly, the court Restrictive Covenant shall be empowered deemed to have the duration specified herein computed from the date the relief is granted but reduced by the time between the period when the Restricted Period began to run and directed to modify and reform such covenants so as to provide relief reasonably necessary to protect the legitimate interests date of the Company and to award injunctive relief, damages, or both to which first violation of the Company may be entitled. The remedies set out in this Agreement are in addition to other remedies that may be available at law and equity including, without limitation, remedies under the Universal Trade Secrets Act and the Federal Defend Trade Secrets ActRestrictive Covenant by Executive.