Common use of Remedy for Certain Breaches Clause in Contracts

Remedy for Certain Breaches. (a) Covenantor acknowledges and agrees that the restrictions on his activities under the provisions of Paragraphs 1, 2 and 3 are required for the reasonable protection of the Company. Covenantor further acknowledges and agrees that a breach of any of those obligations will result in irreparable harm to the Company, for which there would be no adequate remedy at law, and therefore, Covenantor irrevocably and unconditionally (i) agrees that in addition to any other remedies which the Company may have under this Agreement or otherwise, all of which remedies shall be cumulative, the Company shall be entitled to apply to any court of competent jurisdiction for preliminary and permanent injunctive relief and other equitable relief, without the necessity of proving actual damage, restraining Covenantor from doing or continuing to do or perform any acts constituting such breach or threatened breach, (ii) agrees that such relief and any other claim by the Company pursuant hereto may be brought in the United States District Court for the Southern District of New York, or if such court does not have subject matter jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in the State of New York, (iii) consents to the non-exclusive jurisdiction of any such court in any such suit, action or proceeding, and (iv) waives any objection which Covenantor may have to the laying of venue of any such suit, action or proceeding in any such court. (b) Covenantor agrees that the existence of any claim or cause of action by Covenantor against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the provisions of this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Pregis Holding II CORP), Employment Agreement (Pregis Holding II CORP), Noncompetition Agreement (Hexacomb CORP)

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Remedy for Certain Breaches. (a) Covenantor acknowledges and agrees that the restrictions on his activities under the provisions of Paragraphs 1, 2 and 3 above are required for the reasonable protection of the Company. Covenantor further acknowledges and agrees that a breach of any of those obligations will result in irreparable harm to the Company, for which there would be no adequate remedy at law, and therefore, Covenantor irrevocably and unconditionally (i) agrees that in addition to any other remedies which the Company may have under this Agreement or otherwise, all of which remedies shall be cumulative, the Company shall be entitled to apply to any court of competent jurisdiction for preliminary and permanent injunctive relief and other equitable relief, without the necessity of proving actual damage, restraining Covenantor from doing or continuing to do or perform any acts constituting such breach or threatened breach, (ii) agrees that such relief and any other claim by the Company pursuant hereto may be brought in the United States District Court for the Southern Northern District of New YorkIllinois, or if such court does not have subject matter jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in the State of New YorkIllinois, (iii) consents to the non-exclusive nonexclusive jurisdiction of any such court in any such suit, action or proceeding, and (iv) waives any objection which Covenantor may have to the laying of venue of any such suit, action or proceeding in any such court. (b) Covenantor agrees that the existence of any claim or cause of action by Covenantor against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company such company of the provisions of this Agreement.

Appears in 2 contracts

Samples: Non Competition Agreement (CPG Newco LLC), Non Competition Agreement (CPG Newco LLC)

Remedy for Certain Breaches. (a) Covenantor acknowledges and agrees that the restrictions on his activities under the provisions of Paragraphs 1, 2 and 3 are required for the reasonable protection of the Company. Covenantor further acknowledges and agrees that a breach of any of those obligations will result in irreparable harm to the Company, for which there would be no adequate remedy at law, and therefore, Covenantor irrevocably and unconditionally (i) agrees that in addition to any other remedies which the Company may have under this Agreement or otherwise, all of which remedies shall be cumulative, the Company shall be entitled to apply to any court of competent jurisdiction for preliminary and permanent injunctive relief and other equitable relief, without the necessity of proving actual damage, restraining Covenantor from doing or continuing to do or perform any acts constituting such breach or threatened breach, (ii) agrees that such relief and any other claim by the Company pursuant hereto may be brought in the United States District Court for the Southern District of New York, or if such court does not have subject matter jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in the State of New YorkIllinois, (iii) consents to the non-exclusive jurisdiction of any such court in any such suit, action or proceeding, and (iv) waives any objection which Covenantor may have to the laying of venue of any such suit, action or proceeding in any such court. (b) Covenantor agrees that the existence of any claim or cause of action by Covenantor against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the provisions of this Agreement.

Appears in 1 contract

Samples: Noncompetition Agreement (Hexacomb CORP)

Remedy for Certain Breaches. (a) The Covenantor acknowledges and agrees that the restrictions on his activities under the provisions of Paragraphs 1, 2 2, 3 and 3 4 above are required for the reasonable protection of the each Company. The Covenantor further acknowledges and agrees that a breach of any of those obligations will result in irreparable harm to the CompanyCompanies, for which there would be no adequate remedy at law, and therefore, the Covenantor irrevocably and unconditionally (i) agrees that in addition to any other remedies which the each Company may have under this Agreement or otherwise, all of which remedies shall be cumulative, the each Company shall be entitled to apply to any court of competent jurisdiction for preliminary and permanent injunctive relief and other equitable relief, without the necessity of proving actual damage, restraining the Covenantor from doing or continuing to do or perform any acts constituting such breach or threatened breach, (ii) agrees that such relief and any other claim by the any Company pursuant hereto may be brought in the United States District Court for the Southern District of New York, or if such court does not have subject matter jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in the State of New York, (iii) consents to the non-exclusive jurisdiction of any such court in any such suit, action or proceeding, and (iv) waives any objection which the Covenantor may have to the laying of venue of any such suit, action or proceeding in any such court. (b) The Covenantor agrees that the existence of any claim or cause of action by the Covenantor against the any Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the such Company of the provisions of this Agreement.

Appears in 1 contract

Samples: Noncompetition Agreement (CPG International Inc.)

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Remedy for Certain Breaches. (a) Covenantor acknowledges and agrees that the restrictions on his activities under the provisions of Paragraphs 1, 2 and 3 above, are required for the reasonable protection of the each Company. Covenantor further acknowledges and agrees that a breach of any of those obligations will result in irreparable harm to the CompanyCompanies, for which there would be no adequate remedy at law, and therefore, Covenantor irrevocably and unconditionally (i) agrees that in addition to any other remedies which the each Company may have under this Agreement or otherwise, all of which remedies shall be cumulative, the each Company shall be entitled to apply to any court of competent jurisdiction for preliminary and permanent injunctive relief and other equitable relief, without the necessity of proving actual damage, restraining Covenantor from doing or continuing to do or perform any acts constituting such breach or threatened breach, (ii) agrees that such relief and any other claim by the any Company pursuant hereto may be brought in the United States District Court for the Southern District of New York, or if such court does not have subject matter jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in the State of New York, (iii) consents to the non-exclusive jurisdiction of any such court in any such suit, action or proceeding, and (iv) waives any objection which Covenantor may have to the laying of venue of any such suit, action or proceeding in any such court. (b) Covenantor agrees that the existence of any claim or cause of action by Covenantor against the any Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the such Company of the provisions of this Agreement.

Appears in 1 contract

Samples: Noncompetition Agreement (CPG International Inc.)

Remedy for Certain Breaches. (a) Covenantor acknowledges and agrees that the restrictions on his activities under the provisions of Paragraphs 1, 2 and 3 above are required for the reasonable protection of the each Company. Covenantor further acknowledges and agrees that a breach of any of those obligations will result in irreparable harm to the CompanyCompanies, for which there would be no adequate remedy at law, and therefore, Covenantor irrevocably and unconditionally (i) agrees that in addition to any other remedies which the each Company may have under this Agreement or otherwise, all of which remedies shall be cumulative, the each Company shall be entitled to apply to any court of competent jurisdiction for preliminary and permanent injunctive relief and other equitable relief, without the necessity of proving actual damage, restraining Covenantor from doing or continuing to do or perform any acts constituting such breach or threatened breach, (ii) agrees that such relief and any other claim by the any Company pursuant hereto may be brought in the United States District Court for the Southern District of New York, or if such court does not have subject matter jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in the State of New York, (iii) consents to the non-exclusive jurisdiction of any such court in any such suit, action or proceeding, and (iv) waives any objection which Covenantor may have to the laying of venue of any such suit, action or proceeding in any such court. (b) . • Covenantor agrees that the existence of any claim or cause of action by Covenantor against the any Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the such Company of the provisions of this Agreement.

Appears in 1 contract

Samples: Noncompetition Agreement (CPG International Inc.)

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