Common use of Remedies for Certain Breaches Clause in Contracts

Remedies for Certain Breaches. If Shareholder commits a breach, or threatens to commit a breach, of any of the provisions of this Agreement, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the others, and shall be severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available under law or in equity to the Company: (a) the right and remedy to have the provisions of this Agreement enforced by any court of competent jurisdiction by injunction, restraining order, specific performance or other equitable relief in favor of the Company or any of its subsidiaries, it being acknowledged and agreed that any breach or threatened breach of this Agreement by Shareholder will cause irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company; and (b) the right and remedy to require Shareholder to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by Shareholder as the result of any transaction constituting a breach of any of the provisions of this Agreement and Shareholder hereby agrees to account accurately for such Benefits and pay over all such Benefits to the Company.

Remedies for Certain Breaches. If Shareholder commits a breach, or threatens to commit a breach, of any of the provisions of this Agreement, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the others, and shall be severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available under law or in equity to the Company: (a) the right and remedy to have the provisions of this Agreement enforced by any court of competent jurisdiction by injunction, restraining order, specific performance or other equitable relief in favor of the Company or any of its subsidiaries, it being acknowledged and agreed that any breach or threatened breach of this Agreement by Shareholder will cause irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company; and (b) the right and remedy to require Shareholder to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, "“Benefits"”) derived or received by Shareholder as the result of any transaction constituting a breach of any of the provisions of this Agreement and Shareholder hereby agrees to account accurately for such Benefits and pay over all such Benefits to the Company.

Remedies for Certain Breaches. If Shareholder the Executive commits a breach, or threatens to commit a breach, of any of the provisions of this AgreementSections 5, 6 and/or 7, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the others, and shall be severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available under law or in equity to the Company: (ai) the right and remedy to have the provisions of this Agreement Sections 5, 6 and/or 7 enforced by any court of competent jurisdiction by injunction, restraining order, specific performance or other equitable relief in favor of the Company or any of its subsidiariesCompany, it being acknowledged and agreed that any breach or threatened breach of this Agreement Sections 5, 6 and/or 7 by Shareholder the Executive will cause irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company; and (bii) the right and remedy to require Shareholder the Executive to account for and pay over to the Company all compensation, profits, moniesmoneys, accruals, increments or other benefits (collectively, "Benefits") derived or received by Shareholder the Executive as the result of any transaction constituting a breach of any of the provisions of this Agreement Sections 5,6 and/or 7, and Shareholder the Executive hereby agrees to account accurately for such Benefits and pay over all such Benefits to the Company.

Remedies for Certain Breaches. If Shareholder commits a breach, or threatens to commit a breach, of any of the provisions of this Agreement, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the others, and shall be severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available under law or in equity to the Company: (a) the right and remedy to have the provisions of this Agreement enforced by any court of competent jurisdiction by injunction, restraining order, specific performance or other equitable relief in favor of the Company or any of its subsidiaries, it being acknowledged and agreed that any breach or threatened breach of this Agreement by Shareholder will cause irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company; and (b) the right and remedy to require Shareholder to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or -------- received by Shareholder as the result of any transaction constituting a breach of any of the provisions of this Agreement and Shareholder hereby agrees to account accurately for such Benefits and pay over all such Benefits to the Company.

Remedies for Certain Breaches. If Shareholder or his affiliates commits a breach, or threatens to commit a breach, of any of the provisions of this AgreementSection 1 or Section 2, the Company and the Parent shall have the following rights and remedies, each of which rights and remedies shall be independent of the others, and shall be severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available under law or in equity to the CompanyCompany and the Parent: (ai) the right and remedy to have the provisions of this Agreement Section 1 and/or Section 2 enforced by any court of competent jurisdiction by injunction, restraining order, specific performance or other equitable relief in favor of the Company or any of its subsidiariesand the Parent, it being acknowledged and agreed that any breach or threatened breach of this Agreement Section 1 and/or Section 2 by Shareholder will cause irreparable injury to the Company and the Parent and that money damages will not provide an adequate remedy to the CompanyCompany or the Parent; and (bii) the right and remedy to require Shareholder or his affiliates to account for and pay over to the Company all compensation, profits, monies, accruals, distributions, increments or other benefits (collectively, "“Benefits"”) derived or received by Shareholder or his affiliates as the result of any transaction constituting a breach of any of the provisions of this Agreement Section 1 and/or Section 2 and Shareholder or his affiliates hereby agrees agree to account accurately for such Benefits and pay over all such Benefits to the Company.

Remedies for Certain Breaches. If Shareholder commits a breach, or threatens to commit a breach, of any of the provisions of this Agreement, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the others, and shall be severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available under law or in equity to the Company: (a) the right and remedy to have the provisions of this Agreement enforced by any court of competent jurisdiction by injunction, restraining order, specific performance or other equitable relief in favor of the Company or any of its subsidiaries, it being acknowledged and agreed that any breach or threatened breach of this Agreement by Shareholder will cause irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company; and (b) the right and remedy to require Shareholder to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by Shareholder as -------- the result of any transaction constituting a breach of any of the provisions of this Agreement and Shareholder hereby agrees to account accurately for such Benefits and pay over all such Benefits to the Company.