Common use of Remedies; Survival Clause in Contracts

Remedies; Survival. The Parties each acknowledge and understand that the covenants contained in Sections 7 and 8 hereof, the violation of which cannot be accurately compensated for in damages by an action at law, are of crucial importance to the benefited Party, and that the breach or threatened breach of any of such provisions by the other Party would cause the benefited Party irreparable harm. In the event of a breach or threatened breach by the other Party of any of the provisions of Sections 7 or 8 hereof, the benefited Party will be entitled to seek an injunction restraining the other Party from such breach. Nothing herein contained will be construed as prohibiting the benefited Party from pursuing any other remedies available in law or in equity for any breach or threatened breach of this Agreement, including without limitation, damages and an equitable accounting of all earnings, profits and other benefits arising from such breach.

Appears in 3 contracts

Samples: Employment Separation Agreement (Osiris Therapeutics, Inc.), Employment Separation Agreement (Osiris Therapeutics, Inc.), Employment Separation Agreement (Osiris Therapeutics, Inc.)

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Remedies; Survival. The Parties each acknowledge and understand that the provisions of the covenants contained in Sections 7 paragraphs 8 and 8 9 hereof, the violation of which cannot be accurately compensated for in damages by an action at law, are of crucial importance to the benefited Party, and that the breach or threatened breach of any of such provisions by the other Party would cause the benefited Party irreparable harm. In the event of a breach or threatened breach by the other Party of any of the provisions of Sections 7 paragraphs 8 or 8 9 hereof, the benefited Party will be entitled to seek an injunction restraining the other Party from such breach. Nothing herein contained will be construed as prohibiting the benefited Party from pursuing any other remedies available in law or in equity for any breach or threatened breach of this Agreement, including without limitation, damages and an equitable accounting of all earnings, profits and other benefits arising from such breach.

Appears in 1 contract

Samples: Employment Separation Agreement (Digene Corp)

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