Restrictive Covenant Remedies. Should Xxxxxxxx engage in Prohibited Conduct at any time during the Restricted Period, or solicit employees during the Restricted Period, he will be obligated to pay back to MG all compensation received pursuant to this Agreement and MG will not be obligated to make any future payments pursuant to this Agreement that are otherwise owed. This will be in addition to any other remedy that MG may have in respect of such Prohibited Conduct. MG and Xxxxxxxx acknowledge and agree that MG will or would suffer irreparable injury in the event of a breach or violation or threatened breach or violation of the provisions set forth in Sections 6, 7, 8 and 9 and agree that in the event of a breach or violation of such provisions MG will be awarded injunctive relief by a Court of competent jurisdiction to prohibit any such breach or violation, and that such right to injunctive relief will be in addition to any other remedy which may be ordered by the Court or an arbitrator. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or any other available forms of relief.
Restrictive Covenant Remedies. In the event of a breach or threatened breach by Mx. Xxxxxxx of any of the relevant provisions of this Agreement, Mx. Xxxxxxx hereby consents and agrees that Insys shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.
Restrictive Covenant Remedies. Each of the Stockholders and Fuster acknowledge that: (i) a breach by the DHG Entities, any of the Stockholders or Fuster of the provisions of Section 4.7 or Section 4.8 would cause the Buyer irreparable harm; and, (ii) monetary damages in an action at law would not provide an adequate remedy in the event of a breach. Accordingly, the Stockholders, jointly and severally, and Fuster agree that, in addition to any other remedies (legal, equitable or otherwise) available to the Buyer, Buyer may seek and obtain injunctive relief against 24 25 the breach or threatened breach of the provisions of Section 4.7 and Section 4.8 (without the necessity of any bond or other security being posted) as well as all other rights and remedies available at law and equity including, without limitation, the right to be indemnified by the Stockholders or Fuster, as the case may be, for all claims, damages, actions, suits whatsoever for a breach of Section 4.7 or Section 4.8 and if the Buyer prevails in that action, its reasonable attorneys' fees, expenses and costs incurred in enforcing any provisions of Section 4.7 or Section 4.8 at pretrial, trial and appellate levels. Nothing contained in this Section 4.9 shall be construed as prohibiting the Buyer and all other injured parties from pursuing all other remedies available to them for a breach or threatened breach of the provisions of Section 4.7 or Section 4.8. The Stockholders and Fuster further acknowledge and agree that the covenants contained in this Article are necessary for the protection of the Buyer's legitimate business and professional duties, ethical obligations and interests, and are reasonable in scope and content. In the event of any breach or violation by the Stockholders or Fuster of any of the provisions of Section 4.7 or Section 4.8, the running of the term of the restrictive covenant (but not the DHG Entities' and any of the Stockholders, obligations thereunder) shall be tolled during the continuation of any breach or violation.
Restrictive Covenant Remedies. Employer and Employee agree that in the event of a breach of the Restrictive Covenant, such a breach would irreparably injure Employer and would leave it with no adequate remedy at law, and if legal proceedings should have to be brought by Employer to enforce the Restrictive Covenant, Employer shall be entitled to all available civil remedies, including:
a. Temporary and permanent injunctive relief restraining the Employee from violating, directly or indirectly, the restrictions of the Restrictive Covenant in any capacity identified in Section 7, supra, and restricting third parties from aiding and abetting any violations of the Restrictive Covenant.
b. Attorney's fees in arbitration, trial and appellate courts.
c. Costs and expenses of investigation and litigation, including expert fees, deposition costs, bond premiums, and other costs and expenses.
d. Nothing in this Agreement shall be construed as prohibiting Employer from pursuing any other legal or equitable remedies available to it for breach or threatened breach of the Restrictive Covenant. Section 9 - Confidentiality Agreement - Employee agrees to the terms of the Confidentiality Agreement attached hereto as Addendum A and has signed that Agreement. Employee further acknowledges that Employer owns, and he or she acquires no proprietary interest in, client files, client lists, know-how, business information, discoveries, inventions or improvements that he or she develops while in the employment of Employer and agrees that he or she will provide all such information to Employer for the Employer to seek appropriate protection.
a. Employee also acknowledges that the Employer's customer/client list maintained on the Employer's database and in the Employer's files was compiled by the Employer's expenditure of a great amount of time, money and effort and that the list contains detailed customer information that could not be created independently from public sources. Accordingly, Employee agrees that the Employer's customer/client list constitutes a "trade secret" and is subject to protection under the Florida Uniform Trade Secrets Act.
b. Employee agrees that upon termination of employment, whether termination is by the Employer, with or without cause, wrongful discharge, or for any other reason whatsoever, or by the Employee, Employee shall return all copies, in whatever form, including hard copies and computer disks, of such customer/client list to the Employer, and Employee shall delete any copy of the...
Restrictive Covenant Remedies. In the event of a breach or threatened breach by the Employee of any of the provisions of this Agreement, the Employee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. Furthermore, any breach of Sections 4(c), 4(d), 4(e), 4(f) or 4(g) by the Employee, shall result in the immediate forfeiture of the Employee’s right, title and interest in and to all unvested Restricted Stock Units and all unvested shares of Restricted Stock.
Restrictive Covenant Remedies. Should Xxxxxx engage in material Prohibited Conduct at any time through March 31, 2016, or solicitation of employees through March 31, 2016, she will be obligated to pay back to MG all payments received pursuant to this Agreement, other than for services performed through March 31, 2015, and MG will have no obligation to pay Xxxxxx any such payments that may be remaining due under this Agreement, without waiving the releases provided herein. This will be in addition to any other remedy that MG may have in respect of such Prohibited Conduct. MG and Xxxxxx acknowledge and agree that MG will or would suffer irreparable injury in the event of a breach or violation or threatened breach or violation of the provisions set forth in Paragraphs 6, 7, 8 or 9 and agree that in the event of a breach or violation of such provisions MG will be awarded, injunctive relief by a Court of competent jurisdiction to prohibit any such violation or breach, and that such right to injunctive relief will be in addition to any other remedy which may be ordered by the Court or an arbitrator. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.
Restrictive Covenant Remedies. DC Brands International, Inc. and the Employee agree that, in the event of a breach by the Employee of the Restrictive Covenant set forth in paragraph 8, above, such a breach would injure DC Brands International, Inc. and would leave DC Brands International, Inc. with no adequate remedy at law, and DC Brands International, Inc. and the Employee further agree that, if legal proceedings should have to be brought by DC Brands International, Inc. against the Employee to enforce the Restrictive Covenant, DC Brands International, Inc. shall be entitled to all available civil remedies, including without limitation:
(i) Preliminary and permanent injunctive relief restraining the Employee from violating, directly or indirectly, cither as an individual on his own account or as a partner, joint venturer, employee, agent, salesman, contractor, officer, director, or stockholder or otherwise, the restrictions of paragraph 8, above;
(ii) Reasonable attorney's fees in the trial and appellate courts and all arbitration proceedings; and
(iii) Costs and Expenses of investigation, litigation, and arbitration, including expert witness fees, deposition costs (appearance fees and transcript charges), injunction bond premiums, travel and lodging expenses, arbitration fees and charges, and all other reasonable costs and expenses.
(iv) Should DC Brands International, Inc. be unsuccessful in enforcing this Restrictive Covenant, for any reason as determined by the court, Employee shall be entitled to a full recovery of all reasonable attorney's fees and costs. Nothing in this Employment Agreement shall be construed as prohibiting DC Brands International, Inc. from pursuing any other legal or equitable remedies available to it for breach or threatened breach of the Restrictive Covenant by the Employee arc not readily ascertainable as of the date of this Agreement. If the Employee violates this Restrictive Covenant, either as an individual on his own account or as a partner, joint venturer, employee, agent, salesman, contractor, officer, director, or stockholder or otherwise, any and all sales of services by the Employee (or the partnership, joint venturer, corporation, or other entity with which he or she is associated) in competition with the services of DC Brands International, Inc. shall be conclusively presumed to have been made by DC Brands International, Inc., but for the violation of this Restrictive Covenant. Should legal proceedings have to be brought by DC Brands Internation...
Restrictive Covenant Remedies. In the event of a breach or threatened breach by you of any of the provisions of this Agreement, you hereby consent and agree that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.
Restrictive Covenant Remedies. Should Abelenda engage in Prohibited Conduct at any time during the Restricted Period, or solicit employees during the Restricted Period, he will be obligated to pay back to MIH all payments received pursuant to this Agreement and MIH will not be obligated to make any future payments pursuant to this Agreement that are otherwise owed. This will be in addition to any other remedy that MIH may have in respect of such Prohibited Conduct. MIH and Abelenda acknowledge and agree that MIH will or would suffer irreparable injury in the event of a breach or violation or threatened breach or violation of the provisions set forth in Sections 6, 7, 8 and 9 and agree that in the event of a breach or violation of such provisions MIH will be awarded injunctive relief by a Court of competent jurisdiction to prohibit any such breach or violation, and that such right to injunctive relief will be in addition to any other remedy which may be ordered by the Court or an arbitrator. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or any other available forms of relief.
Restrictive Covenant Remedies. Should West engage in material Prohibited Conduct at any time during the Restricted Period, or solicitation of employees during the Restricted Period, she will be obligated to pay back to MG all payments received pursuant to this Agreement other than for services through the earlier of September 30, 2015 or date of Early Termination and MG will have no obligation to pay West any such payments that may be remaining due under this Agreement, without waiving the releases provided herein. This will be in addition to any other remedy that MG may have in respect of such Prohibited Conduct. MG and West acknowledge and agree that MG will or would suffer irreparable injury in the event of a breach or violation or threatened breach or violation of the provisions set forth in Paragraphs 6, 7, 8 or 9 and agree that in the event of a breach or violation of such provisions MG will be awarded, injunctive relief by a Court of competent jurisdiction to prohibit any such violation or breach, and that such right to injunctive relief will be in addition to any other remedy which may be ordered by the Court or an arbitrator. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.
