Common use of Remedies; Specific Performance Clause in Contracts

Remedies; Specific Performance. The Company and the Executive acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive from violating, or directing the Executive to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits if the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall immediately return to the Protected Parties any such Severance Benefits previously received, upon such a breach, and, in the event of such breach, the Protected Parties shall have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3.

Remedies; Specific Performance. The Company and the Executive acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.3 hereof if the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously receivedreceived under Section 5.3, upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3.

Remedies; Specific Performance. The Company and the Executive parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in this Section 6 shall 7 will result in irreparable and continuing damage to the Protected Parties Company, BHI and their respective subsidiaries and affiliates for which there may be no adequate remedy at law and that the Protected Parties Company and BHI shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of this Section 67. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties Company and BHI against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies of the Company and BHI for any breach of any restriction on the Executive set forth in this Section 67, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 6 hereof if the Executive has breached breaches the covenants covenant applicable to the Executive contained in this Section 67 and the Company, the Executive shall immediately return to the Protected Parties any such Severance Benefits previously received, upon such a breach, and, in the event of such breach, the Protected Parties shall BHI and their respective subsidiaries and affiliates will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.36.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6, if such is determined by a court of competent jurisdiction. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.2 hereof if the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2.

Remedies; Specific Performance. The Company and the Executive acknowledge and agree that the Executive’s 's breach or threatened breach of any of the restrictions set forth in Section 6 shall result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive from violating, or directing the Executive to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ ' remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits if the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall immediately return to the Protected Parties any such Severance Benefits previously received, upon such a breach, and, in the event of such breach, the Protected Parties shall have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s 's breach or threatened breach of any of the restrictions set forth in Section 5.5 and Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 5.4 and Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ ' remedies for any breach of any restriction on the Executive set forth in Section 5.5 and Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.2 hereof if the Executive has breached the covenants applicable to the Executive contained in Section 5.5 or Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 and Section 5.3 upon such a breach, and, and in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.2 or Section 5.3.

Remedies; Specific Performance. The Company and the Executive acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive from violating, or directing the Executive to comply with with, any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits if the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall immediately return to the Protected Parties any such Severance Benefits previously received, upon such a breach, and, in the event of such breach, the Protected Parties shall have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, in the Executive shall not be entitled to any Severance Benefits if event a court of competent jurisdiction determines that the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously receivedpaid to the Executive pursuant to Section 5.2 (other than the Accrued Benefits), upon such a breach, and, in the event of such breach, and the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2 (other than the Accrued Benefits).

Remedies; Specific Performance. The Company and the Executive parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall this paragraph 7 will result in irreparable and continuing damage to the Protected Parties Company, BHI and their respective subsidiaries and affiliates for which there may be no adequate remedy at law and that the Protected Parties Company and BHI shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6this paragraph 7. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties Company and BHI against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies of the Company and BHI for any breach of any restriction on the Executive set forth in Section 6this paragraph 7, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in paragraph 6 hereof if the Executive has breached materially breaches the covenants covenant applicable to the Executive contained in Section 6this paragraph 7 and the Company, the Executive shall immediately return to the Protected Parties any such Severance Benefits previously received, upon such a breach, and, in the event of such breach, the Protected Parties shall BHI and their respective subsidiaries and affiliates will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3paragraph 6.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the ExecutiveEmployee’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive Employee hereby consents to the grant of an injunction (temporary or otherwise) against the Executive Employee or the entry of any other court order against the Executive Employee prohibiting and enjoining the Executive her from violating, or directing the Executive her to comply with any provision of Section 6. The Executive Employee also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive her for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive Employee set forth in Section 6, except as required by law, the Executive Employee shall not be entitled to any Severance Benefits payments set forth in Section 5.2 hereof if the Executive Employee has breached the covenants applicable to the Executive Employee contained in Section 6, the Executive shall Employee will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2.

Remedies; Specific Performance. The Company and the Executive parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties Company and the Related Companies for which there may be no adequate remedy at law and that the Protected Parties shall be Company and the Related Companies are entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive from violating, or directing the Executive to comply with with, any provision of Section 6. The Executive also agrees that such remedies shall be are in addition to any and all remedies, including damages, available to the Protected Parties Company and the Related Companies against the Executive for such breaches or threatened or attempted breaches. In addition, without limiting the Protected PartiesCompany’s and the Related Companies’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall is not be entitled to any Severance Benefits payments set forth in Section 5.2 if the Executive has breached the covenants applicable to the Executive contained in Section 6, the . Executive shall will immediately return to the Protected Parties Company any such Severance Benefits payments previously received, received under Section 5.2 upon such a breach, breach and, in the event of such breach, the Protected Parties shall Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.3 hereof if the Executive has breached breaches the covenants covenant applicable to the Executive contained in Section 66.3, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.3 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the ExecutiveEmployee’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive Employee hereby consents to the grant of an injunction (temporary or otherwise) against the Executive Employee or the entry of any other court order against the Executive Employee prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6. The Executive Employee also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive Employee set forth in Section 6, except as required by law, the Executive Employee shall not be entitled to any Severance Benefits payments set forth in Section 5.2 hereof if the Executive Employee has breached the covenants applicable to the Executive Employee contained in Section 6, the Executive shall Employee will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6, if such is determined by a court of competent jurisdiction. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.2 hereof if the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 or 5.3 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.2 or 5.3.

Remedies; Specific Performance. The Company and the Executive parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties Company and the Related Companies for which there may be no adequate remedy at law and that the Protected Parties shall be Company and the Related Companies are entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive from violating, or directing the Executive to comply with with, any provision of Section 6. The Executive also agrees that such remedies shall be are in addition to any and all remedies, including damages, available to the Protected Parties Company and the Related Companies against the Executive for such breaches or threatened or attempted breaches. In addition, without limiting the Protected PartiesCompany’s and the Related Companies’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall is not be entitled to any Severance Benefits payments set forth in Sections 5(b) or 5(c) if the Executive has breached the covenants applicable to the Executive contained in Section 6, the . Executive shall will immediately return to the Protected Parties Company any such Severance Benefits payments previously received, received under Sections 5(b) or 5(c) upon such a breach, breach and, in the event of such breach, the Protected Parties shall Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3.Sections 5(b) or 5(c). Xxxxxxx X. Xxxxxxx Employment Agreement Page 8 of 11

Remedies; Specific Performance. The Company and the Executive parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall 7 will result in irreparable and continuing damage to the Protected Parties Company and the Company Group for which there may be no adequate remedy at law and that the Protected Parties shall be Company and the Company Group are entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive from violating, or directing the Executive to comply with Xxx X. Xxxxxxxx Employment Agreement with, any provision of Section 67. The Executive also agrees that such remedies shall be are in addition to any and all remedies, including damages, available to the Protected Parties Company and the Company Group against the Executive for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ Company’s and the Company Group’s remedies for any breach of any restriction on the Executive set forth in Section 67, except as required by law, the Executive shall is not be entitled to any Severance Benefits payments set forth in Sections 5(d) or 6(a) if the Executive has materially breached the covenants applicable to the Executive contained in Section 6, the 7. Executive shall will immediately return to the Protected Parties Company any such Severance Benefits payments previously received, received under Sections 5(d) or 6(a) upon such a breach, material breach and, in the event of such breach, the Protected Parties shall Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3Sections 5(d) or 6(a).

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, in the Executive shall not be entitled to any Severance Benefits if event a court of competent jurisdiction determines that the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously receivedpaid to the Executive pursuant to Section 5.2 or 5.3 (other than the Accrued Benefits), upon such a breach, and, in the event of such breach, and the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2 or 5.3 (other than the Accrued Benefits).

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 5.5 and Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 5.4 and Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 5.5 and Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.2 hereof if the Executive has breached the covenants applicable to the Executive contained in Section 5.5 or Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 and Section 5.3 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.2 or Section 5.3.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.2 or hereof if the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2.

Remedies; Specific Performance. The Company and the Executive parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall 7 will result Xxx Xxxxxxxx Employment Agreement in irreparable and continuing damage to the Protected Parties Company and the Related Companies for which there may be no adequate remedy at law and that the Protected Parties shall be Company and the Related Companies are entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive from violating, or directing the Executive to comply with with, any provision of Section 67. The Executive also agrees that such remedies shall be are in addition to any and all remedies, including damages, available to the Protected Parties Company and the Related Companies against the Executive for such breaches or threatened or attempted breaches. In addition, without limiting the Protected PartiesCompany’s and the Related Companies’ remedies for any breach of any restriction on the Executive set forth in Section 67, except as required by law, the Executive shall is not be entitled to any Severance Benefits payments set forth in Sections 5.3 or 5.4 if the Executive has breached the covenants applicable to the Executive contained in Section 6, the 7. Executive shall will immediately return to the Protected Parties Company any such Severance Benefits payments previously received, received under Sections 5.3 or 5.4 upon such a breach, breach and, in the event of such breach, the Protected Parties shall Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3Sections 5.3 or 5.4.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ Parties(1) remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.2 hereof if the Executive has breached breaches the covenants covenant applicable to the Executive contained in Section 66.3, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.3 hereof if the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously receivedreceived under Section 5.3, upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s Employee's breach or threatened breach of any of the restrictions set forth in Section 6 shall 7 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive Employee hereby consents to the grant of an injunction (temporary or otherwise) against the Executive Employee or the entry of any other court order against the Executive Employee prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 67. The Executive Employee also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ ' remedies for any breach of any restriction on the Executive Employee set forth in Section 67, except as required by law, the Executive Employee shall not be entitled to any Severance Benefits payments set forth in Section 5.2 hereof if the Executive Employee has breached the covenants applicable to the Executive Employee contained in Section 67, the Executive shall Employee will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with with, any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, in the Executive shall not be entitled to any Severance Benefits if event a court of competent jurisdiction determines that the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously receivedpaid to the Executive pursuant to Section 5.2 (other than the Accrued Benefits), upon such a breach, and, in the event of such breach, and the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2 (other than the Accrued Benefits).

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s 's breach or threatened breach of any of the restrictions set forth in Section 6 shall can result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to , without demonstrating loss or requiring the grant posting of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive from violating, or directing the Executive to comply with any provision of Section 6a bond. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ ' remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Sections 5.2 hereof if the Executive has breached in any material respect the covenants applicable to the Executive contained in Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2. In the event that either party will seeks to enforce any part of this Agreement through legal proceedings, the non-prevailing party agrees to pay the prevailing party any reasonable costs and attorneys’ fees reasonably incurred in connection therewith.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to seek equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach, without requiring the posting of a bond. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with with, any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, in the Executive shall not be entitled to any Severance Benefits if event a court of competent jurisdiction determines that the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously receivedpaid to the Executive pursuant to Section 5.2 or 5.3 (other than the Accrued Benefits), upon such a breach, and, in the event of such breach, and the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2 or 5.3 (other than the Accrued Benefits).

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s Employee's breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive Employee hereby consents to the grant of an injunction (temporary or otherwise) against the Executive Employee or the entry of any other court order against the Executive Employee prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6. The Executive Employee also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ ' remedies for any breach of any restriction on the Executive Employee set forth in Section 6, except as required by law, the Executive Employee shall not be entitled to any Severance Benefits payments set forth in Section 5.2 hereof if the Executive Employee has breached the covenants applicable to the Executive Employee contained in Section 6, the Executive shall Employee will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2.

Remedies; Specific Performance. The Company and the Executive parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties Company and the Related Companies for which there may be no adequate remedy at law and that the Protected Parties shall be Company and the Related Companies are entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive from violating, or directing the Executive to comply with with, any provision of Section 6. The Executive also agrees that such remedies shall be are in addition to any and all remedies, including damages, available to the Protected Parties Company and the Related Companies against the Executive for such breaches or threatened or attempted breaches. In addition, without limiting the Protected PartiesCompany’s and the Related Companies’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall is not be entitled to any Severance Benefits payments Xxxxxxxx Xxxxxx Xxxxxx Employment Agreement set forth in Section 5(b) if the Executive has breached the covenants applicable to the Executive contained in Section 6, the . Executive shall will immediately return to the Protected Parties Company any such Severance Benefits payments previously received, received under Section 5(b) upon such a breach, breach and, in the event of such breach, the Protected Parties shall Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35(b).

Remedies; Specific Performance. The Company and the Executive acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive from violating, or directing the Executive to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits if the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall immediately return to the Protected Parties any such Severance Benefits previously received, upon such a breach, and, in the event of such breach, the Protected Parties shall have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3Sections 5.2, 5.3 or 5.4.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6. , The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.3 hereof if the Executive has breached breaches the covenants covenant applicable to the Executive contained in Section 66.3, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.3 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3.

Remedies; Specific Performance. The Company and the Executive parties acknowledge and agree that the ExecutiveEmployee’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties Company and the Related Companies for which there may be no adequate remedy at law and that the Protected Parties shall be Company and the Related Companies are entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby Employee consents to the grant of an injunction (temporary or otherwise) against the Executive Employee or the entry of any other court order against the Executive Employee prohibiting and enjoining the Executive Employee from violating, or directing the Executive Employee to comply with with, any provision of Section 6. The Executive Employee also agrees that such remedies shall be are in addition to any and all remedies, including damages, available to the Protected Parties Company and the Related Companies against the Executive Employee for such breaches or threatened or attempted breaches. In addition, without limiting the Protected PartiesCompany’s and the Related Companies’ remedies for any breach of any restriction on the Executive Employee set forth in Section 6, except as required by law, the Executive shall Employee is not be entitled to any Severance Benefits payments set forth in Sections 5.2 or 5.3 if the Executive Employee has breached the covenants applicable to the Executive contained in Section 6, the Executive shall . Employee will immediately return to the Protected Parties Company any such Severance Benefits payments previously received, received under Sections 5.2 or 5.3 upon such a breach, breach and, in the event of such breach, the Protected Parties shall Company will have no obligation to pay any of the amounts that remain payable by the Company under Section Sections 5.2 or 5.3.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.2 hereof if the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive from violating, or directing the Executive to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive his for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.2, 5.3 or 5.5 hereof if the Executive has breached the covenants applicable to the Executive contained in Section 5.8 or 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously receivedreceived under Sections 5.2, 5.3 and 5.5 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3.Sections 5.2, 5.3 and 5.5

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s 's breach or threatened breach of any of the restrictions set forth in Section 6 shall will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and that the Protected Parties shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ ' remedies for any breach of any restriction on the Executive set forth in Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 5.2 hereof if the Executive has breached the covenants applicable to the Executive contained in Section 6, the Executive shall will immediately return to the Protected Parties any such Severance Benefits payments previously received, received under Section 5.2 upon such a breach, and, in the event of such breach, the Protected Parties shall will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.35.2.

Remedies; Specific Performance. The Company and the Executive Parties acknowledge and agree that the Executive’s breach or threatened breach of any of the restrictions set forth in this Section 6 shall will result in irreparable and continuing damage to the Protected Parties Company for which there may be no adequate remedy at law and that the Protected Parties Company shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive his from violating, or directing the Executive his to comply with any provision of this Section 6. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties Company against the Executive his for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies of the Company for any breach of any restriction on the Executive set forth in this Section 6, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in Section 4 hereof if the Executive has breached breaches the covenants applicable to the Executive contained in this Section 6, 6 and the Executive shall immediately return to the Protected Parties any such Severance Benefits previously received, upon such a breach, and, in the event of such breach, the Protected Parties shall Company will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.34.

Remedies; Specific Performance. The Company and the Executive parties acknowledge and agree that the Executive’s 's breach or threatened breach of any of the restrictions set forth in Section 6 shall this paragraph 7 will result in irreparable and continuing damage to the Protected Parties Company, BHI and their respective subsidiaries and affiliates for which there may be no adequate remedy at law and that the Protected Parties Company and BHI shall be entitled to equitable relief, including specific performance and injunctive relief as remedies for any such breach or threatened or attempted breach. The Executive hereby consents to the grant of an injunction (temporary or otherwise) against the Executive or the entry of any other court order against the Executive prohibiting and enjoining the Executive him from violating, or directing the Executive him to comply with any provision of Section 6this paragraph 7. The Executive also agrees that such remedies shall be in addition to any and all remedies, including damages, available to the Protected Parties Company and BHI against the Executive him for such breaches or threatened or attempted breaches. In addition, without limiting the Protected Parties’ remedies of the Company and BHI for any breach of any restriction on the Executive set forth in Section 6this paragraph 7, except as required by law, the Executive shall not be entitled to any Severance Benefits payments set forth in paragraph 6 hereof if the Executive has breached breaches the covenants covenant applicable to the Executive contained in Section 6this paragraph 7 and the Company, the Executive shall immediately return to the Protected Parties any such Severance Benefits previously received, upon such a breach, and, in the event of such breach, the Protected Parties shall BHI and their respective subsidiaries and affiliates will have no obligation to pay any of the amounts that remain payable by the Company under Section 5.3paragraph 6.