Common use of Remedies; Survival Clause in Contracts

Remedies; Survival. (a) The Employee acknowledges and understands that the provisions of this Agreement are of a special and unique nature, the loss of which cannot be accurately compensated for in damages by an action at law, and that the breach of the provisions of this Agreement would cause the Company irreparable harm. In the event of a breach by the Employee of the provisions of Section 11, 12, or 13 hereof, the Company shall be entitled to an injunction restraining him from such breach; provided, however, nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available for any breach of this Agreement. (b) Notwithstanding anything contained in this Agreement to the contrary, the provisions of Sections 9 through 18, including this Section 16, shall survive the expiration or other termination of this Agreement until, by their terms, such provisions are no longer operative. (c) It is understood and agreed that the provisions of Sections 11, 12 and 13 of this Agreement are separate and distinct from any other agreement between the parties hereto. Accordingly, in the event of a breach of such provisions, the breaching party shall only be held responsible for damages arising under such provisions and not for any damages which may be claimed to arise under or with respect to any other agreement that is not separately breached.

Appears in 4 contracts

Samples: Employment Agreement (Opus360 Corp), Employment Agreement (Opus360 Corp), Employment Agreement (Opus360 Corp)

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Remedies; Survival. (a) The Employee acknowledges and understands that the provisions of this Agreement are of a special and unique nature, the loss of which cannot be accurately compensated for in damages by an action at law, and that the breach of the provisions of this Agreement would cause the Company irreparable harm. In the event of a breach by the Employee of the provisions of Section 11, 12, 12 or 13 hereof, the Company shall be entitled to an injunction restraining him from such breach; provided, however, nothing . Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available for any breach of this Agreement. (b) Notwithstanding anything contained in this Agreement to the contrary, the provisions of Sections 9 through 1812, including 13, 14 and this Section 16, 15 shall survive the expiration or other termination of this Agreement until, by their terms, such provisions are no longer operative. (c) It is understood and agreed that the provisions of Sections 11, 12 and 13 of this Agreement are separate and distinct from any other agreement between the parties hereto. Accordingly, in the event of a breach of such provisions, the breaching party shall only be held responsible for damages arising under such provisions and not for any damages which may be claimed to arise under or with respect to any other agreement that is not separately breached.

Appears in 1 contract

Samples: Employment Agreement (Advanced Health Corp)

Remedies; Survival. (a) The Employee acknowledges and understands that the provisions of Sections 11, 12 and 13 of this Agreement are of a special and unique nature, the loss of which cannot be accurately compensated for in damages by an action at law, and that the breach of the such provisions of this Agreement would cause the Company irreparable harm. In the event of a breach by the Employee of the provisions of Section 11, 12, or 13 hereof, the Company shall be entitled to an injunction restraining him her from such breach; provided, however, nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available for any breach of this Agreement. (b) Notwithstanding anything contained in this Agreement to the contrary, the provisions of Sections 9 through 18, including this Section 16, shall survive the expiration or other termination of this Agreement until, by their terms, such provisions are no longer operative. (c) It is understood and agreed that the provisions of Sections 11, 12 and 13 of this Agreement are separate and distinct from any other agreement between the parties hereto. Accordingly, in the event of a breach of such provisions, the breaching party shall only be held responsible for damages arising under such provisions and not for any damages which may be claimed to arise under or with respect to any other agreement that is not separately breached.

Appears in 1 contract

Samples: Employment Agreement (Opus360 Corp)

Remedies; Survival. (a) The Employee acknowledges and understands that the provisions of this Agreement are of a special and unique nature, the loss of which cannot be accurately compensated for in damages by an action at law, and that the breach of the provisions of this Agreement would cause the Company irreparable harm. In the event of a breach by the Employee of the provisions of Section 11, 12, 12 or 13 hereof, the Company shall be entitled to an injunction restraining him from 7 such breach; provided, however, nothing . Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available for any breach of this Agreement. (b) Notwithstanding anything contained in this Agreement to the contrary, the provisions of Sections 9 through 1812, including 13, 14 and this Section 16, 15 shall survive the expiration or other termination of this Agreement until, by their terms, such provisions are no longer operative. (c) It is understood and agreed that the provisions of Sections 11, 12 and 13 of this Agreement are separate and distinct from any other agreement between the parties hereto. Accordingly, in the event of a breach of such provisions, the breaching party shall only be held responsible for damages arising under such provisions and not for any damages which may be claimed to arise under or with respect to any other agreement that is not separately breached.

Appears in 1 contract

Samples: Employment Agreement (Advanced Health Corp)

Remedies; Survival. (a) The Employee acknowledges and understands that the provisions of this Agreement are of a special and unique nature, the loss of which cannot be accurately compensated for in damages by an action at law, and that the breach of the provisions of this Agreement would cause the Company irreparable harm. In the event of a breach by the Employee of the provisions of Section 11, 12, or 13 hereof, the Company shall be entitled to an injunction restraining him from such breach; providedPROVIDED, howeverHOWEVER, nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available for any breach of this Agreement. (b) Notwithstanding anything contained in this Agreement to the contrary, the provisions of Sections 9 through 18, including this Section 16, shall survive the expiration or other termination of this Agreement until, by their terms, such provisions are no longer operative. (c) It is understood and agreed that the provisions of Sections 11, 12 and 13 of this Agreement are separate and distinct from any other agreement between the parties hereto. Accordingly, in the event of a breach of such provisions, the breaching party shall only be held responsible for damages arising under such provisions and not for any damages which may be claimed to arise under or with respect to any other agreement that is not separately breached.

Appears in 1 contract

Samples: Employment Agreement (Opus360 Corp)

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Remedies; Survival. (a) The Employee acknowledges and understands that the provisions of this Agreement are of a special and unique nature, the loss of which cannot be accurately compensated for in damages by an action at law, and that the breach of the provisions of this Agreement would cause the Company irreparable harm. In the event of a breach by the Employee of the provisions of Section 11, 12, 12 or 13 hereof, the Company shall be entitled to an injunction restraining him from such breach; provided, however, nothing . Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available for any breach of this Agreement. (b) Notwithstanding anything contained in this Agreement to the contrary, the provisions of Sections 9 through 1812, including 13, 14 and this Section 16, 15 shall survive the expiration or 6 7 other termination of this Agreement until, by their terms, such provisions are no longer operative. (c) It is understood and agreed that the provisions of Sections 11, 12 and 13 of this Agreement are separate and distinct from any other agreement between the parties hereto. Accordingly, in the event of a breach of such provisions, the breaching party shall only be held responsible for damages arising under such provisions and not for any damages which may be claimed to arise under or with respect to any other agreement that is not separately breached.

Appears in 1 contract

Samples: Employment Agreement (Aht Corp)

Remedies; Survival. (a) The Employee Executive acknowledges and understands that the provisions of this Agreement are of a special and unique nature, the loss of which cannot be accurately compensated for in damages by an action at law, and that the breach of the provisions of this Agreement would cause the Company irreparable harm. In the event of a breach by the Employee Executive of the provisions of Section 11, 12, 11 or 13 12 hereof, the Company shall be entitled to an injunction restraining him from such breach; provided, however, nothing . Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available for any breach of this Agreement. (b) Notwithstanding anything contained in this Agreement to the contrary, the provisions of Sections 9 through 18, including this Section 16, Agreement shall survive the expiration or other termination of the Term or this Agreement until, by their terms, ; such provisions are no longer operative. (c) It is understood and agreed that the provisions of Sections 11, 12 and 13 of this Agreement are separate and distinct from any other agreement between the parties hereto. Accordingly, in the event of a breach of such provisions, the breaching party shall only be held responsible for damages arising under Exhibit 10.11 such provisions and not for any damages damages, which may be claimed to arise under or with respect to any other agreement that is not separately breached.

Appears in 1 contract

Samples: Executive Employment Agreement (Newgold Inc)

Remedies; Survival. (a) The Employee Executive acknowledges and understands that the provisions of this Agreement are of a special and unique nature, the loss of which cannot be accurately compensated for in damages by an action at law, and that the breach of the provisions of this Agreement would cause the Company irreparable harm. In the event of a breach by the Employee Executive of the provisions of Section 11, 12, 11 or 13 12 hereof, the Company shall be entitled to an injunction restraining him from such breach; provided, however, nothing . Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available for any breach of this Agreement. (b) Notwithstanding anything contained in this Agreement to the contrary, the provisions of Sections 9 through 18, including this Section 16, Agreement shall survive the expiration or other termination of the Term or this Agreement until, by their terms, ; such provisions are no longer operative. (c) It is understood and agreed that the provisions of Sections 11, 12 and 13 of this Agreement are separate and distinct from any other agreement between the parties hereto. Accordingly, in the event of a breach of such provisions, the breaching party shall only be held responsible for damages arising under Exhibit 10.12 such provisions and not for any damages damages, which may be claimed to arise under or with respect to any other agreement that is not separately breached.

Appears in 1 contract

Samples: Executive Employment Agreement (Newgold Inc)

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