Common use of Remedies; Waiver Clause in Contracts

Remedies; Waiver. (a) Executive acknowledges that a violation by him of any provision of Section 8 through Section 11, inclusive, of this Agreement (the “Business Protection Covenants”) will cause irreparable injury to Employer or its Affiliates for which damages at law would not be an adequate remedy. Therefore, Executive agrees that, in addition to any other remedies for his violation of the Business Protection Covenants available to Employer, which shall include the recovery of all damages incurred, as well as other costs, Employer shall have the right, in the event of the breach or threatened breach of any provision of the Business Protection Covenants, to seek an injunction and/or temporary restraining order against such breach or threatened breach and/or to specifically enforce the Business Protection Covenants, and, in the case of a breach of Section 10 hereof, the duration of the Restricted Period shall be extended by the period of the breach. (b) The remedies provided in this Agreement are not exclusive, and the Party suffering from a breach or default of this Agreement may pursue all other remedies, both legal and equitable, alternatively or cumulatively as permitted by law. The prevailing Party in any action, suit or proceeding arising out of or relating to this Agreement shall be entitled to recover all costs from the non-prevailing Party. The failure of a Party to fully enforce any provision of this Agreement shall not be deemed to be a waiver of such provision or any part thereof, and the waiver by a Party of any provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement or a waiver with respect to any other incidence of non-compliance therewith. No waiver shall be effective unless in writing and signed by the Party so waiving.

Remedies; Waiver. (a) Executive Employee acknowledges that a violation by him of any provision of Section 8 7 through Section 1110, inclusive, of this Agreement (the “Business Protection Covenants”) will may cause irreparable injury to Employer or its Affiliates for which damages Employer, and that there may be no adequate remedy at law would not be an adequate remedyfor such violation. Therefore, Executive Employee agrees that, in addition to any other remedies for his violation of the Business Protection Covenants available to Employer, which shall include the recovery of all damages incurred, as well as reasonable attorney’s fees and other costs, Employer shall have the right, in the event of the breach or threatened breach of any provision of the Business Protection Covenants, to seek an injunction and/or temporary restraining order against such breach or threatened breach and/or to specifically enforce the Business Protection Covenants, and, in the case of a breach of Section 10 9 hereof, the duration of the Restricted Period shall be extended by the period of the breachbreach and any litigation with respect thereto. (b) The remedies provided in this Agreement are not exclusive, and the Party suffering from a breach or default of this Agreement may pursue all other remedies, both legal and equitable, alternatively or cumulatively as permitted by law. The prevailing Party in any action, suit or proceeding arising out of or relating to this Agreement shall be entitled to recover all costs and reasonable attorneys’ fees from the non-prevailing Party. The failure of a Party to fully enforce any provision of this Agreement shall not be deemed to be a waiver of such provision or any part thereof, and the waiver by a Party of any provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement or a waiver with respect to any other incidence of non-compliance therewith. No waiver shall be effective unless in writing and signed by the Party so waiving.

Remedies; Waiver. (a) Executive acknowledges that a violation by him her of any provision of Section 8 through Section 11, inclusive, of this Agreement (the “Business Protection Covenants”) will cause irreparable injury to Employer or its Affiliates for which damages at law would not be an adequate remedy. Therefore, Executive agrees that, in addition to any other remedies for his her violation of the Business Protection Covenants available to Employer, which shall include the recovery of all damages incurred, as well as other costs, Employer shall have the right, in the event of the breach or threatened breach of any provision of the Business Protection Covenants, to seek an injunction and/or temporary restraining order against such breach or threatened breach and/or to specifically enforce the Business Protection Covenants, and, in the case of a breach of Section 10 hereof, the duration of the Restricted Period shall be extended by the period of the breach. (b) The remedies provided in this Agreement are not exclusive, and the Party suffering from a breach or default of this Agreement may pursue all other remedies, both legal and equitable, alternatively or cumulatively as permitted by law. The prevailing Party in any action, suit or proceeding arising out of or relating to this Agreement shall be entitled to recover all costs from the non-prevailing Party. The failure of a Party to fully enforce any provision of this Agreement shall not be deemed to be a waiver of such provision or any part thereof, and the waiver by a Party of any provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement or a waiver with respect to any other incidence of non-compliance therewith. No waiver shall be effective unless in writing and signed by the Party so waiving.

Remedies; Waiver. (a) Executive Employee acknowledges that a violation by him of any provision of Section 8 7 through Section 1110, inclusive, of this Agreement (the “Business Protection Covenants”) will may cause irreparable injury to Employer or its Affiliates for which damages Employer, and that there may be no adequate remedy at law would not be an adequate remedyfor such violation. Therefore, Executive Employee agrees that, in addition to any other remedies for his violation of the Business Protection Covenants available to Employer, which shall include the recovery of all damages incurred, as well as reasonable attorney’s fees and other costs, Employer shall have the right, in the event of the breach or threatened breach of any provision of the Business Protection Covenants, to seek obtain an injunction and/or temporary restraining order against such breach or threatened breach and/or to specifically enforce the Business Protection Covenants, and, in the case of a breach of Section 10 9 hereof, the duration of the Restricted Period shall be extended by the period of the breachbreach and any litigation with respect thereto. (b) The remedies provided in this Agreement are not exclusive, and the Party suffering from a breach or default of this Agreement may pursue all other remedies, both legal and equitable, alternatively or cumulatively as permitted by lawcumulatively. The prevailing Party in any action, suit or proceeding arising out of or relating to this Agreement shall be entitled to recover all costs and reasonable attorneys’ fees from the non-prevailing Party. The failure of a Party to fully enforce any provision of this Agreement shall not be deemed to be a waiver of such provision or any part thereof, and the waiver by a Party of any provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement or a waiver with respect to any other incidence of non-compliance therewith. No waiver shall be effective unless in writing and signed by the Party so waiving.