REMEDIES/SANCTIONS. Bxxxx acknowledges that the services he is to render under this Agreement are of a unique and special nature, the loss of which cannot reasonably or adequately be compensated for in monetary damages, and that irreparable injury and damage may result to Aeroflex in the event of any breach of this Agreement or default by Bxxxx. Because of the unique nature of the Confidential Information and the importance of the prohibitions against competition and solicitation, Bxxxx further acknowledges and agrees that Aeroflex will suffer irreparable harm if he fails to comply with his obligations under Section 12(a) or (b) above or Section 13(a) above and that monetary damages would be inadequate to compensate Aeroflex for any such breach. Accordingly, Bxxxx agrees that, in addition to any other remedies available to either Party at law, in equity or otherwise, Aeroflex will be entitled to seek injunctive relief or specific performance to enforce the terms (without the posting of a bond), or prevent or remedy the violation, of any provisions of this Agreement. In addition, without limiting Aeroflex’s remedies for any breach of any restriction on Bxxxx set forth in Sections 12(a) or (b) above or Section 13(a) above, except as required by law, Aeroflex will have no obligation to pay or provide any of the amounts or benefits under Sections 7 or 8 above.
Appears in 2 contracts
Samples: Employment Agreement (Aeroflex Holding Corp.), Employment Agreement (Aeroflex Holding Corp.)
REMEDIES/SANCTIONS. Bxxxx Buyko acknowledges that the services he is to render under this Agreement are of a unique and special nature, the loss of which cannot reasonably or adequately be compensated for in monetary damages, and that irreparable injury and damage may result to Aeroflex in the event of any breach of this Agreement or default by BxxxxBuyko. Because of the unique nature of the Confidential Information and the importance of the prohibitions against competition and solicitation, Bxxxx Buyko further acknowledges and agrees that Aeroflex will suffer irreparable harm if he fails to comply with his obligations under Section 12(a8(a) or (b) above or Section 13(a9(a) above and that monetary damages would be inadequate to compensate Aeroflex for any such breach. Accordingly, Bxxxx Buyko agrees that, in addition to any other remedies available to either Party at law, in equity or otherwise, Aeroflex will be entitled to seek injunctive relief or specific performance to enforce the terms (without the posting of a bond), or prevent or remedy the violation, of any provisions of this Agreement. In addition, without limiting Aeroflex’s remedies for any breach of any restriction on Bxxxx Buyko set forth in Sections 12(a8(a) or (b) above or Section 13(a9(a) above, except as required by law, Aeroflex will have no obligation to pay or provide any of the amounts or benefits under Sections 7 or 8 Section 5 above.
Appears in 2 contracts
Samples: Employment Agreement (Aeroflex Holding Corp.), Employment Agreement (Aeroflex Holding Corp.)
REMEDIES/SANCTIONS. Bxxxx Buyko acknowledges that the services he is to render under this Agreement are of a unique and special nature, the loss of which cannot reasonably or adequately be compensated for in monetary damages, and that irreparable injury and damage may result to Aeroflex in the event of any breach of this Agreement or default by BxxxxBuyko. Because of the unique nature of the Confidential Information and the importance of the prohibitions against competition and solicitation, Bxxxx Buyko further acknowledges and agrees that Aeroflex will suffer irreparable harm if he fails to comply with his obligations under Section 12(a8(a) or (b) above or Section 13(a9(a) above and that monetary damages would be inadequate to compensate Aeroflex for any such breach. Accordingly, Bxxxx Buyko agrees that, in addition to any other remedies available to either Party at law, in equity or otherwise, Aeroflex will be entitled to seek injunctive relief or specific performance to enforce the terms (without the posting of a bond), or prevent or remedy the violation, of any provisions of this Agreement. In addition, without limiting Aeroflex’s 's remedies for any breach of any restriction on Bxxxx Buyko set forth in Sections 12(a8(a) or (b) above or Section 13(a9(a) above, except as required by law, Aeroflex will have no obligation to pay or provide any of the amounts or benefits under Sections 7 or 8 Section 5 above.
Appears in 1 contract
Samples: Employment Agreement (Aeroflex Inc)
REMEDIES/SANCTIONS. Bxxxx Xxxxx acknowledges that the services he is to render under this Agreement are of a unique and special nature, the loss of which cannot reasonably or adequately be compensated for in monetary damages, and that irreparable injury and damage may result to Aeroflex in the event of any breach of this Agreement or default by BxxxxXxxxx. Because of the unique nature of the Confidential Information and the importance of the prohibitions against competition and solicitation, Bxxxx Xxxxx further acknowledges and agrees that Aeroflex will suffer irreparable harm if he fails to comply with his obligations under Section 12(a) or (b) above or Section 13(a) above and that monetary damages would be inadequate to compensate Aeroflex for any such breach. Accordingly, Bxxxx Xxxxx agrees that, in addition to any other remedies available to either Party at law, in equity or otherwise, Aeroflex will be entitled to seek injunctive relief or specific performance to enforce the terms (without the posting of a bond), or prevent or remedy the violation, of any provisions of this Agreement. In addition, without limiting Aeroflex’s 's remedies for any breach of any restriction on Bxxxx Xxxxx set forth in Sections 12(a) or (b) above or Section 13(a) above, except as required by law, Aeroflex will have no obligation to pay or provide any of the amounts or benefits under Sections 7 or 8 above.
Appears in 1 contract
Samples: Employment Agreement (Aeroflex Inc)