Common use of Remedies; Reasonableness Clause in Contracts

Remedies; Reasonableness. Executive acknowledges and agrees that a breach by Executive of the provisions of this Section 11 will constitute such damage as will be irreparable and the exact amount of which will be impossible to ascertain and, for that reason, agrees that Company will be entitled to an injunction to be issued by any court of competent jurisdiction restraining and enjoining Executive from violating the provisions of this Section 11. The right to an injunction shall be in addition to and not in lieu of any other remedy available to Company for such breach or threatened breach, including the recovery of damages from Executive. Executive expressly acknowledges and agrees that: (1) the Restrictive Covenants contained herein are reasonable as to time and geographical area and do not place any unreasonable burden upon Executive, (2) the general public will not be harmed as a result of enforcement of these Restrictive Covenants, and (3) Executive understands and hereby agrees to each and every term and condition of the Restrictive Covenants set forth in this Agreement. Executive also expressly acknowledges and agrees that Executive’s covenants and agreements in this Section 11 shall survive this Agreement and continue to be binding upon Executive after the expiration or termination of this Agreement, whether by passage of time or otherwise.

Remedies; Reasonableness. Executive acknowledges and agrees that a breach by Executive of the provisions of this Section 11 10 will constitute such damage as will be irreparable and the exact amount of which will be impossible to ascertain and, for that reason, agrees that Company will be entitled to an injunction to be issued by any court of competent jurisdiction restraining and enjoining Executive from violating the provisions of this Section 11Section. The right to an injunction shall be in addition to and not in lieu of any other remedy available to Company for such breach or threatened breach, including the recovery of damages from Executive. Executive expressly acknowledges and agrees that: that (1i) the Restrictive Covenants contained herein are reasonable as to time and geographical area and do not place any unreasonable burden upon Executive, him; (2ii) the general public will not be harmed as a result of enforcement of these Restrictive Covenants, ; and (3iii) Executive understands and hereby agrees to each and every term and condition of the Restrictive Covenants set forth in this Agreement. Executive also expressly acknowledges and agrees that Executive’s covenants and agreements in this Section 11 10 shall survive this Agreement and continue to be binding upon Executive after the expiration or termination of this Agreement, whether by passage of time or otherwise.

Remedies; Reasonableness. Executive acknowledges and agrees that a breach by Executive of the provisions of this Section 11 10 will constitute such damage as will be irreparable and the exact amount of which will be impossible to ascertain and, for that reason, agrees that Company will be entitled to an injunction to be issued by any court of competent jurisdiction restraining and enjoining Executive from violating the provisions of this Section 11Section. The right to an injunction shall be in addition to and not in lieu of any other remedy available to Company for such breach or threatened breach, including the recovery of damages from Executive. Executive expressly acknowledges and agrees that: (1) the Restrictive Covenants contained herein are reasonable as to time and geographical area and do not place any unreasonable burden upon Executive, ; (2) the general public will not be harmed as a result of enforcement of these Restrictive Covenants, ; and (3) Executive understands and hereby agrees to each and every term and condition of the Restrictive Covenants set forth in this Agreement. Executive also expressly acknowledges and agrees that Executive’s covenants and agreements in this Section 11 10 shall survive this Agreement and continue to be binding upon Executive after the expiration or termination of this Agreement, whether by passage of time or otherwise.

Remedies; Reasonableness. Executive acknowledges and agrees that a breach by Executive of the provisions of this Section 11 will constitute such damage as will be irreparable and the exact amount of which will be impossible to ascertain and, and for that reason, reason agrees that Company will be entitled to an injunction to be issued by any court of competent jurisdiction restraining and enjoining Executive from violating the provisions of this Section 11. The right to an injunction shall be in addition to and not in lieu of any other remedy available to Company for such breach or threatened breach, including the recovery of damages from Executive. Executive expressly acknowledges and agrees that: (1) the Restrictive Covenants contained herein are reasonable as to time and geographical area and do not place any unreasonable burden upon Executive, (2) the general public will not be harmed as a result of enforcement of these Restrictive Covenants, and (3) Executive understands and hereby agrees to each and every term and condition of the Restrictive Covenants set forth in this Agreement. Executive also expressly acknowledges and agrees that Executive’s covenants and agreements in this Section 11 shall survive this Agreement and continue to be binding upon Executive after the expiration or termination of this Agreement, whether by passage of time or otherwise.

Remedies; Reasonableness. Executive acknowledges and agrees that a breach by Executive of the provisions of this Section 11 9 will constitute such damage as will be irreparable and the exact amount of which will be impossible to ascertain and, for that reason, agrees that Company will be entitled to an injunction to be issued by any court of competent jurisdiction restraining and enjoining Executive from violating the provisions of this Section 11Section. The right to an injunction shall be in addition to and not in lieu of any other remedy available to Company for such breach or threatened breach, including the recovery of damages from Executive. Executive expressly acknowledges and agrees that: (1i) the Restrictive Covenants contained herein are reasonable as to time and geographical area and do not place any unreasonable burden upon Executive, ; (2ii) the general public will not be harmed as a result of enforcement of these Restrictive Covenants, ; and (3iii) Executive understands and hereby agrees to each and every term and condition of the Restrictive Covenants set forth in this Agreement. Executive also expressly acknowledges and agrees that Executive’s covenants and agreements in this Section 11 9 shall survive this Agreement and continue to be binding upon Executive after the expiration or termination of this Agreement, whether by passage of time or otherwise.

Remedies; Reasonableness. Executive acknowledges and agrees that a breach by Executive of the provisions of this Section Clause 11 will constitute such damage as will be irreparable and the exact amount of which will be impossible to ascertain and, for that reason, agrees that Company will be entitled to an injunction to be issued by any court of competent jurisdiction restraining and enjoining Executive from violating the provisions of this Section Clause 11. The right to an injunction shall be in addition to and not in lieu of any other remedy available to Company for such breach or threatened breach, including the recovery of damages from Executive. Executive expressly acknowledges and agrees that: (1) the Restrictive Covenants contained herein are reasonable as to time and geographical area and do not place any unreasonable burden upon Executive, (2) the general public will not be harmed as a result of enforcement of these Restrictive Covenants, and (3) Executive understands and hereby agrees to each and every term and condition of the Restrictive Covenants set forth in this Agreement. Executive also expressly acknowledges and agrees that Executive’s covenants and agreements Whilst the restrictions in this Section Clause 11 shall survive this Agreement are regarded by the parties as fair and continue reasonable, each of the restrictions is intended to be binding upon Executive after separate and severable. If any restriction is held to be unreasonably wide but would be valid if part of the expiration or termination wording were deleted, such restriction will apply with so much of the wording deleted as may be necessary to make it valid. In this Agreement, whether by passage of time or otherwise.Clause 11 the following expressions shall have the following meanings:

Remedies; Reasonableness. Executive Employee acknowledges and agrees that a breach by Executive Employee of the provisions of this Section 11 or 12 will constitute such damage as will be irreparable and the exact amount of which will be impossible to ascertain and, and for that reason, reason Tucson Electric Power Xxxxxxx X. XxXxxxxxx agrees that the Company will be entitled to an injunction to be issued by any court of competent jurisdiction restraining and enjoining Executive Employee from violating the provisions of this Section 1111 or 12. The right to an injunction shall be in addition to and not in lieu of any other remedy available to the Company for such breach or threatened breach, including the recovery of damages from ExecutiveEmployee. Executive Employee expressly acknowledges and agrees that: (1) the Restrictive Covenants contained herein in this Section 12 are reasonable as to time and geographical area and do not place any unreasonable burden upon ExecutiveEmployee, (2) the general public will not be harmed as a result of enforcement of these Restrictive Covenants, and (3) Executive Employee understands and hereby agrees to each and every term and condition of the Restrictive Covenants set forth in this Agreement. Executive Employee also expressly acknowledges and agrees that ExecutiveEmployee’s covenants and agreements in this Section 11 or 12 shall survive this Agreement and continue to be binding upon Executive Employee after the expiration or termination of this Agreement, whether by passage of time or otherwise.

Remedies; Reasonableness. Executive acknowledges and agrees that a breach by Executive of the provisions of this Section 11 14 will constitute such damage as will be irreparable and the exact amount of which will be impossible to ascertain and, for that reason, agrees that Company will be entitled to an injunction to be issued by any court of competent jurisdiction restraining and enjoining Executive from violating the provisions of this Section 1114. The right to an injunction shall be in addition to and not in lieu of any other remedy available to Company for such breach or threatened breach, including the recovery of damages from Executive. Executive expressly acknowledges and agrees that: (1) the Restrictive Covenants contained herein are reasonable as to time and geographical area and do not place any unreasonable burden upon Executive, (2) the general public will not be harmed as a result of enforcement of these Restrictive Covenants, and (3) Executive understands and hereby agrees to each and every term and condition of the Restrictive Covenants set forth in this Agreement. Executive also expressly acknowledges and agrees that Executive’s covenants and agreements in this Section 11 14 shall survive this Agreement and continue to be binding upon Executive after the expiration or termination of this Agreement, whether by passage of time or otherwise. Whilst the restrictions in this Section 14 are regarded by the parties as fair and reasonable, each of the restrictions is intended to be separate and severable. If any restriction is held to be unreasonably wide but would be valid if part of the wording were deleted, such restriction will apply with so much of the wording deleted as may be necessary to make it valid.

Remedies; Reasonableness. Executive acknowledges and agrees that a breach by Executive of the provisions of this Section 11 13 will constitute such damage as will be irreparable and the exact amount of which will be impossible to ascertain and, for that reason, agrees that Company will be entitled to an injunction to be issued by any court of competent jurisdiction restraining and enjoining Executive from violating the provisions of this Section 1113. The right to an injunction shall be in addition to and not in lieu of any other remedy available to Company for such breach or threatened breach, including the recovery of damages from Executive. Executive expressly acknowledges and agrees that: (1) the Restrictive Covenants contained herein are reasonable as to time and geographical area and do not place any unreasonable burden upon Executive, (2) the general public will not be harmed as a result of enforcement of these Restrictive Covenants, and (3) Executive understands and hereby agrees to each and every term and condition of the Restrictive Covenants set forth in this Agreement. Executive also expressly acknowledges and agrees that Executive’s covenants and agreements in this Section 11 13 shall survive this Agreement and continue to be binding upon Executive after the expiration or termination of this Agreement, whether by passage of time or otherwise.

Remedies; Reasonableness. Executive acknowledges and agrees that a breach by Executive of the provisions of this Section 11 10 will constitute such damage as will be irreparable and the exact amount of which will be impossible to ascertain and, for that reason, agrees that Company will be entitled to an injunction to be issued by any court of competent jurisdiction restraining and enjoining Executive from violating the provisions of this Section 11Section. The right to an injunction shall be in addition to and not in lieu of any other remedy available to Company for such breach or threatened breach, including the recovery of damages from Executive. Executive expressly acknowledges and agrees that: (1i) the Restrictive Covenants contained herein are reasonable as to time and geographical area and do not place any unreasonable burden upon Executive, him; (2ii) the general public will not be harmed as a result of enforcement of these Restrictive Covenants, ; and (3iii) Executive understands and hereby agrees to each and every term and condition of the Restrictive Covenants set forth in this Agreement. Executive also expressly acknowledges and agrees that Executive’s covenants and agreements in this Section 11 10 shall survive this Agreement and continue to be binding upon Executive after the expiration or termination of this Agreement, whether by passage of time or otherwise.

Remedies; Reasonableness. Executive The Employee acknowledges and agrees that a breach by Executive the Employee of the provisions of this Section 11 2.8 will constitute such damage as will be irreparable and irreparable, the exact amount of which will be impossible to ascertain andascertain, and for that reason, reason agrees that the Company will be entitled to an injunction to be issued by any court of competent jurisdiction restraining and enjoining Executive the Employee from violating the provisions of this Section 112.8. The right to an injunction shall be in addition to and not in lieu of any other remedy available to the Company for such breach or threatened breach, including the recovery of damages from Executivethe Employee. Executive The Employee expressly acknowledges and agrees that: (1) the Restrictive Covenants contained herein are reasonable as to time and geographical area and do not place any unreasonable burden upon Executivethe Employee, (2) the general public will not be harmed as a result of enforcement of these Restrictive Covenants, and (3) Executive the Employee understands and hereby agrees to each and every term and condition of the Restrictive Covenants set forth in this Agreement. Executive The Employee also expressly acknowledges and agrees that Executivethe Employee’s covenants and agreements in this Section 11 2.8 shall survive this Agreement and continue to be binding upon Executive the Employee after the expiration or termination of this Agreement, whether by passage of time or otherwise.