Common use of Rights and Remedies upon Breach of Covenants Clause in Contracts

Rights and Remedies upon Breach of Covenants. (a) If Xxxxxx breaches, or threatens to commit a breach of, any of the provisions of Section 2 (the “Restrictive Covenants”), the Company shall have the right and remedy to have the Restrictive Covenants specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company, that such injury shall be presumed and need not be proven, and that money damages will not provide an adequate remedy to the Company. Such rights and remedies shall be independent of the others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. (b) Xxxxxx acknowledges and agrees that the Restrictive Covenants are reasonable and valid in duration, scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full effect to the greatest extent possible, without regard to the invalid portions. (c) If any court construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration of such provision or the scope, such court shall have the power to reduce the duration or scope of such provision and, in its reduced form, such provision shall be enforceable and shall be enforced to the greatest extent possible.

Appears in 2 contracts

Samples: Separation Agreement (Five Star Quality Care Inc), Separation Agreement (Five Star Quality Care Inc)

AutoNDA by SimpleDocs

Rights and Remedies upon Breach of Covenants. (a) If Xxxxxx breaches, or threatens to commit a breach of, any of the provisions provision of Section 2 6 (the "Restrictive Covenants"), the Company shall have the right and remedy to have the Restrictive Covenants specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company, that such injury shall be presumed and need not be proven, and that money damages will not provide an adequate remedy to the Company. Such rights and remedies shall be independent of the others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. (b) Xxxxxx acknowledges and agrees that the Restrictive Covenants are reasonable and valid in duration, geographical and temporal scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full effect to the greatest extent possible, without regard to the invalid portions. (c) If any court construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration of such provision or the scopearea covered thereby, such court shall have the power to reduce the duration or scope area of such provision and, in its reduced form, such provision shall be enforceable and shall be enforced to the greatest extent possible. (d) The provisions of this Section 7 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Travelcenters of America LLC)

Rights and Remedies upon Breach of Covenants. (a) If Xxxxxx Xxxxxxx breaches, or threatens to commit a breach of, any of the provisions of Section 2 6 (the “Restrictive Covenants”), the Company Employers shall have the right and remedy to have the Restrictive Covenants specifically enforced enforced, in accordance with Section 11 hereof, by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the CompanyEmployers, that such injury shall be presumed and need not be proven, and that money damages will not provide an adequate remedy to the CompanyEmployers. Such rights and remedies shall be independent of the others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employers at law or in equity. (b) Xxxxxx Xxxxxxx acknowledges and agrees that the Restrictive Covenants are reasonable and valid in duration, scope and in all other respectsrespects and that, but for Xxxxxxx’x agreement to comply with the Restrictive Covenants, the Employers would not have entered into this Agreement. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full effect to the greatest extent possible, without regard to the invalid portions. (c) If any court construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration of such provision or the scope, such court shall have the power to reduce the duration or scope of such provision and, in its reduced form, such provision shall be enforceable and shall be enforced to the greatest extent possible.

Appears in 1 contract

Samples: Separation Agreement (Travelcenters of America LLC)

Rights and Remedies upon Breach of Covenants. (a) If Xxxxxx Szima breaches, or threatens to commit a breach of, any of the provisions of Section 2 5 (the “Restrictive Covenants”), the Company TA shall have the right and remedy to have the Restrictive Covenants specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the CompanyTA, that such injury shall be presumed and need not be proven, and that money damages will not provide an adequate remedy to the CompanyTA. Such rights and remedies shall be independent of the others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company TA at law or in equity. (b) Xxxxxx Szima acknowledges and agrees that the Restrictive Covenants are reasonable and valid in duration, scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full effect to the greatest extent possible, without regard to the invalid portions. (c) If any court construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration of such provision or the scope, such court shall have the power to reduce the duration or scope of such provision and, in its reduced form, such provision shall be enforceable and shall be enforced to the greatest extent possible.

Appears in 1 contract

Samples: Retirement Agreement (Travelcenters of America LLC)

Rights and Remedies upon Breach of Covenants. (a) If Xxxxxx breaches, or threatens to commit a breach of, any of the provisions of Section 2 4 (the “Restrictive Covenants”), the Company shall have the right and remedy to have the Restrictive Covenants specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company, that such injury shall be presumed and need not be proven, and that money damages will not provide an adequate remedy to the Company. Such rights and remedies shall be independent of the others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. (b) Xxxxxx acknowledges and agrees that the Restrictive Covenants are reasonable and valid in duration, temporal scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full effect to the greatest extent possible, without regard to the invalid portions. (c) If any court construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration of such provision or the scope, such court shall have the power to reduce the duration or scope of such provision and, in its reduced form, such provision shall be enforceable and shall be enforced to the greatest extent possible.

Appears in 1 contract

Samples: Consulting and Noncompetition Agreement (Five Star Quality Care Inc)

AutoNDA by SimpleDocs

Rights and Remedies upon Breach of Covenants. (a) If Xxxxxx breachesyou breach, or threatens threaten to commit a breach of, any of the provisions of Section 2 4 (the “Restrictive Covenants”), the Company Employers shall have the right and remedy to have the Restrictive Covenants specifically enforced enforced, in accordance with Section 9 hereof, by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the CompanyEmployers, that such injury shall be presumed and need not be proven, and that money damages will not provide an adequate remedy to the CompanyEmployers. Such rights and remedies shall be independent of the others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employers at law or in equity. (b) Xxxxxx acknowledges You acknowledge and agrees agree that the Restrictive Covenants are reasonable and valid in duration, scope and in all other respectsrespects and that, but for your agreement to comply with the Restrictive Covenants, the Employers would not have entered into this Agreement. If any court determines that any of the Restrictive Covenants, Covenants or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full effect to the greatest extent possible, without regard to the invalid portions. (c) If any court construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration of such provision or the scope, such court shall have the power to reduce the duration or scope of such provision and, in its reduced form, such provision shall be enforceable and shall be enforced to the greatest extent possible.

Appears in 1 contract

Samples: Retirement Agreement (Travelcenters of America LLC)

Rights and Remedies upon Breach of Covenants. (a) If Xxxxxx Xxxxx breaches, or threatens to commit a breach of, any of the provisions provision of Section 2 6 (the "Restrictive Covenants"), the Company shall have the right and remedy to have the Restrictive Covenants specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company, that such injury shall be presumed and need not be proven, and that money damages will not provide an adequate remedy to the Company. Such rights and remedies shall be independent of the others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. (b) Xxxxxx Xxxxx acknowledges and agrees that the Restrictive Covenants are reasonable and valid in duration, geographical and temporal scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full effect to the greatest extent possible, without regard to the invalid portions. (c) If any court construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration of such provision or the scopearea covered thereby, such court shall have the power to reduce the duration or scope area of such provision and, in its reduced form, such provision shall be enforceable and shall be enforced to the greatest extent possible. (d) The provisions of this Section 7 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Travelcenters of America LLC)

Rights and Remedies upon Breach of Covenants. (a) If Xxxxxx Xxx breaches, or threatens to commit a breach of, any of the provisions of Section 2 5 (the "Restrictive Covenants"), the Company shall have the right and remedy to have the Restrictive Covenants specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company, that such injury shall be presumed and need not be proven, and that money damages will not provide an adequate remedy to the Company. Such rights and remedies shall be independent of the others and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. (b) Xxxxxx Xxx acknowledges and agrees that the Restrictive Covenants are reasonable and valid in duration, temporal scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full effect to the greatest extent possible, without regard to the invalid portions. (c) If any court construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration of such provision or the scope, such court shall have the power to reduce the duration or scope of such provision and, in its reduced form, such provision shall be enforceable and shall be enforced to the greatest extent possible. (d) The provisions of this Section 6 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Travelcenters of America LLC)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!