Common use of REMEDIES/SANCTIONS Clause in Contracts

REMEDIES/SANCTIONS. 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 Buyko. Because of the unique nature of the Confidential Information and the importance of the prohibitions against competition and solicitation, Buyko further acknowledges and agrees that Aeroflex will suffer irreparable harm if he fails to comply with his obligations under Section 8(a) or (b) above or Section 9(a) above and that monetary damages would be inadequate to compensate Aeroflex for any such breach. Accordingly, 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 Buyko set forth in Sections 8(a) or (b) above or Section 9(a) above, except as required by law, Aeroflex will have no obligation to pay or provide any of the amounts or benefits under Section 5 above.

Appears in 2 contracts

Samples: Employment Agreement (Aeroflex Holding Corp.), Employment Agreement (Aeroflex Holding Corp.)

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REMEDIES/SANCTIONS. Buyko 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 BuykoBxxxx. Because of the unique nature of the Confidential Information and the importance of the prohibitions against competition and solicitation, Buyko Bxxxx further acknowledges and agrees that Aeroflex will suffer irreparable harm if he fails to comply with his obligations under Section 8(a12(a) or (b) above or Section 9(a13(a) above and that monetary damages would be inadequate to compensate Aeroflex for any such breach. Accordingly, Buyko 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 Buyko Bxxxx set forth in Sections 8(a12(a) or (b) above or Section 9(a13(a) above, except as required by law, Aeroflex will have no obligation to pay or provide any of the amounts or benefits under Section 5 Sections 7 or 8 above.

Appears in 2 contracts

Samples: Employment Agreement (Aeroflex Holding Corp.), Employment Agreement (Aeroflex Holding Corp.)

REMEDIES/SANCTIONS. Buyko 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 BuykoXxxxx. Because of the unique nature of the Confidential Information and the importance of the prohibitions against competition and solicitation, Buyko Xxxxx further acknowledges and agrees that Aeroflex will suffer irreparable harm if he fails to comply with his obligations under Section 8(a12(a) or (b) above or Section 9(a13(a) above and that monetary damages would be inadequate to compensate Aeroflex for any such breach. Accordingly, Buyko 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 Buyko Xxxxx set forth in Sections 8(a12(a) or (b) above or Section 9(a13(a) above, except as required by law, Aeroflex will have no obligation to pay or provide any of the amounts or benefits under Section 5 Sections 7 or 8 above.

Appears in 1 contract

Samples: Employment Agreement (Aeroflex Inc)

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REMEDIES/SANCTIONS. 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 Buyko. Because of the unique nature of the Confidential Information and the importance of the prohibitions against competition and solicitation, Buyko further acknowledges and agrees that Aeroflex will suffer irreparable harm if he fails to comply with his obligations under Section 8(a) or (b) above or Section 9(a) above and that monetary damages would be inadequate to compensate Aeroflex for any such breach. Accordingly, 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 Buyko set forth in Sections 8(a) or (b) above or Section 9(a) above, except as required by law, Aeroflex will have no obligation to pay or provide any of the amounts or benefits under Section 5 above.

Appears in 1 contract

Samples: Employment Agreement (Aeroflex Inc)

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