Common use of Remedies; Severability Clause in Contracts

Remedies; Severability. (i) The Executive acknowledges that if the Executive shall breach or threaten to breach any provision of subsections 10(a) through (d), the damages to the Company may be substantial, although difficult to ascertain, and money damages will not afford the Company an adequate remedy. Therefore, if the provisions of subsections 10(a) through (d) are violated, in whole or in part, the Company shall be entitled to specific performance and injunctive relief, without prejudice to other remedies the Company may have at law or in equity. (ii) If any term or provision of this section 10, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 10, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a) through (d) to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 12 contracts

Samples: Employment Agreement (Tower Group, Inc.), Employment Agreement (CastlePoint Holdings, Ltd.), Employment Agreement (CastlePoint Holdings, Ltd.)

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Remedies; Severability. (i) The Executive acknowledges that if the Executive shall breach or threaten to breach any provision of subsections 10(a) through (dc), the damages to the Company may be substantial, although difficult to ascertain, and money damages will not afford the Company an adequate remedy. Therefore, if the provisions of subsections 10(a) through (dc) are violated, in whole or in part, the Company shall be entitled to specific performance and injunctive relief, without prejudice to other remedies the Company may have at law or in equity. (ii) If any term or provision of this section 10, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 10, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a) through (dc) to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 3 contracts

Samples: Employment Agreement (Tower Group, Inc.), Employment Agreement (Tower Group, Inc.), Employment Agreement (Tower Group, Inc.)

Remedies; Severability. (i) The Executive acknowledges that his skills and position in the insurance industry are unique and if the Executive shall breach or threaten to breach any provision of subsections 10(asubparagraphs 11(a) through (dc), the damages to the Company may be substantial, although difficult to ascertain, and money damages will not afford the Company an adequate remedy. Therefore, if the provisions of subsections 10(asubparagraphs 11(a) through (dc) are violated, in whole or in part, the Company shall be entitled to specific performance and injunctive reliefrelief (without having to post any bond), without prejudice to other remedies the Company may have at law or in equity. (ii) If any term or provision of this section 10paragraph 11, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 10paragraph 11, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 paragraph 11 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a) through (d) hereof to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 2 contracts

Samples: Employment Agreement (Aspen Insurance Holdings LTD), Employment Agreement (Aspen Insurance Holdings LTD)

Remedies; Severability. (i) The Executive acknowledges that his skills and position in the insurance industry are unique and if the Executive shall breach or threaten to breach any provision of subsections 10(asubparagraphs 11(a) through (d), the damages to the Company may be substantial, although difficult to ascertain, and money damages will not afford the Company an adequate remedy. Therefore, if the provisions of subsections 10(asubparagraphs 11(a) through (d) are violated, in whole or in part, the Employer and the Company shall be entitled to specific performance and injunctive reliefrelief (without having to post any bond), without prejudice to other remedies the Employer and the Company may have at law or in equity. (ii) If any term or provision of this section 10paragraph 11, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 10paragraph 11, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 paragraph 11 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a) through (d) hereof to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Aspen Insurance Holdings LTD)

Remedies; Severability. (i) The Executive acknowledges that if the Executive shall breach or threaten to breach any provision of subsections 10(a) through (d), the damages to the Company may be substantial, although difficult to ascertain, and money damages will not afford the Company an adequate remedy. Therefore, if the provisions of subsections 10(a) through (d) are violated, in whole or in part, the Company shall be entitled to specific performance and injunctive relief, without prejudice to other remedies the Company may have at law or in equity. (ii) The Executive further acknowledges that in the event that he breaches any of the covenants in subsections 10(a), (c) or (d) above, such covenant shall remain in effect for an additional period equal to the period of such breach. (iii) If any term or provision of this section 10, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 10, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a) through (d) to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 2 contracts

Samples: Employment Agreement (Tower Group, Inc.), Employment Agreement (Tower Group, Inc.)

Remedies; Severability. (i) The Executive Employee acknowledges that if the Executive Employee shall breach or threaten to breach any provision of subsections 10(aParagraphs 8(a) through (d), the damages to the Company and its affiliates may be substantial, although difficult to ascertain, and money damages will not afford the Company and its affiliates an adequate remedy. Therefore, if the provisions of subsections 10(aParagraphs 8(a) through (d) are violated, in whole or in part, the Company and its affiliates shall be entitled to specific performance and injunctive relief, without prejudice to other remedies the Company and/or its affiliates may have at law or in equity. (ii) If any term or provision of this section 10Paragraph 8, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 10Paragraph 8, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 Paragraph 8 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a) through (d) hereof to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 2 contracts

Samples: Employment Agreement (MSW Energy Finance Co Ii Inc), Employment Agreement (MSW Energy Finance Co Inc)

Remedies; Severability. (i) The Executive acknowledges that if the Executive shall breach or threaten to breach any provision of subsections 10(asubparagraphs 9(a) through (d), the damages to the Company may be substantial, although difficult to ascertain, and money damages will not afford the Company an adequate remedy. Therefore, if the provisions of subsections 10(asubparagraphs 9(a) through (d) are violated, in whole or in part, the Company shall be entitled to specific performance and injunctive relief, without prejudice to other remedies the Company may have at law or in equity. (ii) If any term or provision of this section 10paragraph 9, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 10paragraph 9, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 paragraph 9 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a) through (d) hereof to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Aspen Insurance Holdings LTD)

Remedies; Severability. (i) The Executive acknowledges that if the Executive shall breach or threaten to breach any provision of subsections 10(a9(a) through (d), the damages to the Company may be substantial, although difficult to ascertain, and money damages will not afford the Company an adequate remedy. Therefore, if the provisions of subsections 10(a9(a) through (d) are violated, in whole or in part, the Company shall be entitled to specific performance and injunctive relief, without prejudice to other remedies the Company may have at law or in equity. (ii) The Executive further acknowledges that in the event that he breaches any of the covenants in subsections 9(a), (c) or (d) above, such covenant shall remain in effect for an additional period equal to the period of such breach. (iii) If any term or provision of this section 109, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 109, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 9 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a9(a) through (d) to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Tower Group International, Ltd.)

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Remedies; Severability. (i) The Executive acknowledges that his skills and position in the insurance industry are unique and if the Executive shall breach or threaten to breach any provision of subsections 10(asubparagraphs 11(a) through (dc), the damages to the Company may be substantial, although difficult to ascertain, and money damages will not afford the Company an adequate remedy. Therefore, if the provisions of subsections 10(asubparagraphs 11(a) through (dc) are violated, in whole or in part, the Company shall be entitled to specific performance and injunctive reliefrelief (without having to post any bond), without prejudice to other remedies the Company may have at law or in equity. . (ii) If any term or provision of this section 10paragraph 11, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 10paragraph 11, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 paragraph 11 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a) through (d) hereof to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 1 contract

Samples: Employment Agreement

Remedies; Severability. (i) The Executive acknowledges that if the Executive shall breach or threaten to breach any provision of subsections 10(a) through (d), the damages to the Company may be substantial, although difficult to ascertain, and money damages will not afford the Company an adequate remedy. .Therefore, if the provisions of subsections 10(a) through (d) are violated, in whole or in part, the Company shall be entitled to specific performance and injunctive relief, without prejudice to other remedies the Company may have at law or in equity. (ii) If any term or provision of this section 10, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 10, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a) through (d) to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Tower Group, Inc.)

Remedies; Severability. (i) The Executive acknowledges that if the Executive shall breach or threaten to breach any provision of subsections 10(asubparagraphs 9(a) through (d), the damages to the Company may be substantial, although difficult to ascertain, and money damages will not afford the Company an adequate remedy. Therefore, if the provisions of subsections 10(asubparagraphs 9(a) through (d) are violated, in whole or in part, the Company shall be entitled to specific performance and injunctive relief, without prejudice to other remedies the Company may have at law or in equity. (ii) If any term or provision of this section 10Paragraph 9, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 10Paragraph 9, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 Paragraph 9 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a) through (d) hereof to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Winn Dixie Stores Inc)

Remedies; Severability. (i) The Executive acknowledges that his skills and position in the insurance industry are unique and if the Executive shall breach or threaten to breach any provision of subsections 10(asubparagraphs 11(a) through (d), the damages to the Company may be substantial, although difficult to ascertain, and money damages will not afford the Company an adequate remedy. Therefore, if the provisions of subsections 10(asubparagraphs 11(a) through (d) are violated, in whole or in part, the Company shall be entitled to specific performance and injunctive reliefrelief (without having to post any bond), without prejudice to other remedies the Company may have at law or in equity. (ii) If any term or provision of this section 10paragraph 11, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 10paragraph 11, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 paragraph 11 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a) through (d) hereof to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Aspen Insurance Holdings LTD)

Remedies; Severability. (i) The Executive acknowledges that his skills and position in the insurance industry are unique and if the Executive shall breach or threaten to breach any provision of subsections 10(asubparagraphs 11(a) through (dc), the damages to the Company may be substantial, although difficult to ascertain, and money damages will not afford the Company an adequate remedy. Therefore, if the provisions of subsections 10(asubparagraphs 11(a) through (dc) are violated, in whole or in part, the Company shall be entitled to specific performance and injunctive reliefrelief (without having to post any bond), without prejudice to other remedies the Company may have at law or in equity. (ii) If any term or provision of this section 10paragraph II, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this section 10paragraph 11, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this section 10 paragraph 11 shall be valid and enforceable to the fullest extent permitted by law. Moreover, if a court of competent jurisdiction deems any provision of subsections 10(a) through (d) hereof to be too broad in time, scope, or area, it is expressly agreed that such provision shall be reformed to the maximum degree that would not render it unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Aspen Insurance Holdings LTD)

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