Common use of Resolution of Certain Claims - Injunctive Relief Clause in Contracts

Resolution of Certain Claims - Injunctive Relief. Section 7(a) shall have no application to claims by the Company asserting a violation of Section 4(e) or 6 or seeking to enforce, by injunction or otherwise, the terms of Section 4(e) or 6. Such claims may be maintained by the Company in a lawsuit subject to the terms of Section 7(d). Employee acknowledges that it would be difficult to fully compensate the Company for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, Employee agrees that, in addition to, but not to the exclusion of any other available remedy, the Company shall have the right to enforce the provisions of Section 4(e) or 6 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and without the necessity of proving actual damages, and the Company shall be entitled to recover from Employee its reasonable attorneys' fees and costs in enforcing the provisions of Section 4(e) or 6.

Appears in 4 contracts

Samples: Employment Agreement (Medical Device Manufacturing, Inc.), Employment Agreement (Uti Corp), Employment Agreement (Uti Corp)

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Resolution of Certain Claims - Injunctive Relief. Section 7(a10(a) shall have no application to claims by the Company asserting a violation of Section 4(e5, 7, 8 or 9(e) or 6 or seeking to enforce, by injunction or otherwise, the terms of Section 4(e) 5, 7, 8 or 69(e). Such claims may be maintained by the Company in a lawsuit subject to the terms of Section 7(d10(c). The Employee acknowledges that it would be difficult to fully compensate the Company for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, the Employee agrees that, in addition to, but not to the exclusion of any other available remedy, the Company shall have the right to enforce the provisions of Section 4(eSections 5, 7, 8 and 9(e) or 6 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefortherefore, and without the necessity of proving actual damages, and the Company shall be entitled to recover from the Employee its reasonable attorneys' fees and costs in enforcing the provisions of Section 4(e) or 6Sections 5, 7, 8 and 9(e).

Appears in 2 contracts

Samples: Employment Agreement (Compex Technologies Inc), Employment Agreement (Compex Technologies Inc)

Resolution of Certain Claims - Injunctive Relief. Section 7(a10(a) shall have no application to claims by the Company asserting a violation of Section 4(e5, 7, 8 or 9(e) or 6 or seeking to enforce, by injunction or otherwise, the terms of Section 4(e) 5, 7, 8 or 69(e). Such claims may be maintained by the Company in a lawsuit subject to the terms of Section 7(d10(c). The Employee acknowledges that it would be difficult to fully compensate the Company for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, the Employee agrees that, in addition to, but not to the exclusion of any other available remedy, the Company shall have the right to enforce the provisions of Section 4(eSections 5, 7, 8 and 9(e) or 6 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and without the necessity of proving actual damages, and the Company shall be entitled to recover from the Employee its reasonable attorneys' fees and costs in enforcing the provisions of Section 4(e) or 6Sections 5, 7, 8 and 9(e).

Appears in 2 contracts

Samples: Employment Agreement (Pawnbroker Com Inc), Employment Agreement (Sportsprize Entertainment Inc/)

Resolution of Certain Claims - Injunctive Relief. Section 7(a) 12.A shall have no application to claims by the Company Employer asserting a violation of Section 4(e) 8, 9, or 6 10 or seeking to enforce, by injunction or otherwise, the terms of Section 4(e) 8, 9 or 610. Such claims may be maintained by the Company Employer in a lawsuit subject to the terms of Section 7(d). Employee Sections 12.C and 12.D. Executive acknowledges that it would be difficult to fully compensate the Company Employer for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, Employee Executive agrees that, in addition to, but not to the exclusion of any other available remedy, the Company Employer shall have the right to enforce the provisions of Section 4(e) Sections 8, 9 or 6 10 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and without the necessity of proving actual damages, and the Company Employer shall be entitled to recover from Employee Executive its reasonable attorneys' fees and costs in enforcing the provisions of Section 4(e) Sections 8, 9, or 610.

Appears in 1 contract

Samples: Employment Agreement (Pawnbroker Com Inc)

Resolution of Certain Claims - Injunctive Relief. Section 7(a8(a) shall have no application to claims by the Company asserting a violation of Section 4(e) ), 5 or 6 7 or seeking to enforce, by injunction or otherwise, the terms of Section 4(e) ), 5 or 67. Such claims may be maintained by the Company in a lawsuit subject to the terms of Section 7(d8(d). Employee Executive acknowledges that it would be difficult to fully compensate the Company for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, Employee Executive agrees that, in addition to, but not to the exclusion of any other available remedy, the Company shall have the right to enforce the provisions of Section 4(e) ), 5 or 6 7 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and without the necessity of proving actual damages, and the Company shall be entitled to recover from Employee Executive its reasonable attorneys' fees and costs in enforcing the provisions of Section 4(e) ), 5 or 67.

Appears in 1 contract

Samples: Employment Agreement (Uti Corp)

Resolution of Certain Claims - Injunctive Relief. Section 7(a9(a) shall have no application to claims by the Company asserting a violation of Section 4(e3, 4, 5, 6 or 7(e) or 6 or seeking to enforce, by injunction or otherwise, the terms of Section 4(e) 3, 4, 5, 6 or 67(e). Such claims may be maintained by the Company in a lawsuit subject to the terms of Section 7(d9(c). Employee The Executive acknowledges that it would be difficult to fully compensate the Company for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, Employee the Executive agrees that, in addition to, but not to the exclusion of any other available remedy, the Company shall have the right to enforce the provisions of Section 4(eSections 3, 4, 5, 6 or 7(e) or 6 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and without the necessity of proving actual damages, and the Company shall be entitled to recover from Employee the Executive its reasonable attorneys' fees and costs in enforcing the provisions of Section 4(e) Sections 3, 4, 5, 6 or 67(e).

Appears in 1 contract

Samples: Employment Agreement (Uroplasty Inc)

Resolution of Certain Claims - Injunctive Relief. Section 7(a8(a) shall have no application to claims by the Company asserting a violation of Section 4(e) 4(d), 5, or 6 7 or seeking to enforce, by injunction or otherwise, the terms of Section 4(e) 4(d), 5, or 67. Such claims may be maintained by the Company in a lawsuit subject to the terms of Section 7(d8(d). Employee Executive acknowledges that it would be difficult to fully compensate the Company for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, Employee Executive agrees that, in addition to, but not to the exclusion of any other available remedy, the Company shall have the right to enforce the provisions of Section 4(e) Sections 4(d), 5, or 6 7 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and without the necessity of proving actual damages, and the Company shall be entitled to recover from Employee Executive its reasonable attorneys' fees and costs in enforcing the provisions of Section 4(e) Sections 4(d), 5, or 67.

Appears in 1 contract

Samples: Employment Agreement (Next Inc/Tn)

Resolution of Certain Claims - Injunctive Relief. Section 7(a9(a) shall have no application to claims by the Company asserting a violation of Section 4(e4, 6, 7 or 8(e) or 6 or seeking to enforce, by injunction or otherwise, the terms of Section 4(e) 4, 6, 7 or 68(e). Such claims may be maintained by the Company in a lawsuit subject to the terms of Section 7(d9(c). Employee The Executive acknowledges that it would be difficult to fully compensate the Company for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, Employee the Executive agrees that, in addition to, but not to the exclusion of any other available remedy, the Company shall have the right to enforce the provisions of Section 4(eSections 4, 6, 7 or 8(e) or 6 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and without the necessity of proving actual damages, and the Company substantially prevailing party shall be entitled to recover from Employee the non-prevailing party its reasonable attorneys' outside counsel fees and costs in enforcing the provisions of Section 4(e) Sections 4, 6, 7 or 68(e).

Appears in 1 contract

Samples: Employment Agreement (Cyberoptics Corp)

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Resolution of Certain Claims - Injunctive Relief. Section 7(a6(a) shall have no application to claims by the Company asserting a violation of Section 4(e5(e) or 6 or seeking to enforce, by injunction or otherwise, the terms of Section 4(e) or 65(e). Such claims may be maintained by the Company in a lawsuit subject to the terms of Section 7(d6(c). The Employee acknowledges that it would be difficult to fully compensate the Company for damages resulting from any breach by him him/her of the provisions of this Agreement. Accordingly, the Employee agrees that, in addition to, but not to the exclusion of any other available remedy, the Company shall have the right to enforce the provisions of Section 4(eSections 5(e) or 6 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and without the necessity of proving actual damages, and the Company shall be entitled to recover from the Employee its reasonable attorneys' fees and costs in enforcing the provisions of Section 4(e) or 6Sections 5(e).

Appears in 1 contract

Samples: Employment Agreement (Regis Corp)

Resolution of Certain Claims - Injunctive Relief. Section 7(a8(a) shall have no application to claims by the Company asserting a violation of Section 4(e) ), 6 or 6 7 or seeking to enforce, by injunction or otherwise, the terms of Section 4(e) ), 6 or 67. Such claims may be maintained by the Company in a lawsuit subject to the terms of Section 7(d8(d). Employee acknowledges that it would be difficult to fully compensate the Company for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, Employee agrees that, in addition to, but not to the exclusion of any other available remedy, the Company shall have the right to enforce the provisions of Section 4(e) ), 6 or 6 7 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and without the necessity of proving actual damages, and the Company shall be entitled to recover from Employee its reasonable attorneys' fees and costs in enforcing the provisions of Section 4(e) ), 6 or 67.

Appears in 1 contract

Samples: Employment Agreement (Uti Corp)

Resolution of Certain Claims - Injunctive Relief. Section 7(a) shall have no application to claims by the Company asserting a violation of Section 4(e) 4(d), 5 or 6 or seeking to enforce, by injunction or otherwise, the terms of Section 4(e) 4(d), 5 or 6. Such claims may be maintained by the Company in a lawsuit subject to the terms of Section 7(d). Employee Executive acknowledges that it would be difficult to fully compensate the Company for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, Employee Executive agrees that, in addition to, but not to the exclusion of any other available remedy, the Company shall have the right to enforce the provisions of Section 4(e) 4(d), 5 or 6 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefortherefore, and without the necessity of proving actual damages, and the Company shall be entitled to recover from Employee Executive its reasonable attorneys' fees and costs incurred in enforcing the provisions of Section 4(e) 4(d), 5 or 6.

Appears in 1 contract

Samples: Employment Agreement (Digital Turbine, Inc.)

Resolution of Certain Claims - Injunctive Relief. Section 7(a10(a) shall have no application to claims by the Company asserting a violation of Section 4(eSections 5, 7, 8 or 9(d) or 6 or seeking to enforce, by injunction or otherwise, the terms of Section 4(eSections 5, 7, 8 or 9(d) or 6. Such claims may be maintained by the Company in a lawsuit subject to the terms of Section 7(d10(c). Employee The Executive acknowledges that it would be difficult to fully compensate the Company for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, Employee the Executive agrees that, in addition to, but not to the exclusion of any other available remedy, the Company shall have the right to enforce the provisions of Section 4(eSections 5, 7, 8 and 9(d) or 6 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and without the necessity of proving actual damages, and the Company shall be entitled to recover from Employee the Executive its reasonable attorneys' fees and costs in enforcing the provisions of Section 4(eSections 5, 7, 8 and 9(d) or 6.

Appears in 1 contract

Samples: Employment Agreement (Rehabilicare Inc)

Resolution of Certain Claims - Injunctive Relief. Section 7(a10(a) shall have no application to claims by the Company asserting a violation of Section 4(e5, 7, 8 or 9(e) or 6 or seeking to enforce, by injunction or otherwise, the terms of Section 4(e) 5, 7, 8 or 69(e). Such claims may be maintained by the Company in a lawsuit subject to the terms of Section 7(d10(c). The Employee acknowledges that it would be difficult to fully compensate the Company for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, the Employee agrees that, in addition to, but not to the exclusion of any other available remedy, the Company shall have the right to enforce the provisions of Section 4(eSections 5, 7, 8 and 9(e) or 6 by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and without the necessity of proving actual damages, and the Company shall be entitled to recover from the Employee its reasonable attorneys' fees and costs in enforcing the provisions of Section 4(e) or 6Sections 5, 7, 8 and 9(e).

Appears in 1 contract

Samples: Employment Agreement (Compex Technologies Inc)

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