Common use of Rights and Remedies Upon Breach Clause in Contracts

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 113 contracts

Samples: Employment Agreement (Bionomics Limited/Fi), Employment Agreement (eFFECTOR Therapeutics, Inc.), Employment Agreement (eFFECTOR Therapeutics, Inc.)

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Rights and Remedies Upon Breach. If In the event Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 (the Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other any 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 under at law or in equity:

Appears in 64 contracts

Samples: Employment Agreement (Global Payments Inc), Employment Agreement (Global Payments Inc), Employment Agreement (Global Payments Inc)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 6 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 24 contracts

Samples: Executive Employment Agreement (Generation Alpha, Inc.), Executive Employment Agreement (Tonix Pharmaceuticals Holding Corp.), Executive Employment Agreement (Tonix Pharmaceuticals Holding Corp.)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 8 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:.

Appears in 24 contracts

Samples: Employment Agreement (Endologix Inc /De/), Employment Agreement (Endologix Inc /De/), Employment Agreement (Endologix Inc /De/)

Rights and Remedies Upon Breach. If Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 Sections 6 or 7 above (the “Restrictive Covenants”), the Company and its subsidiaries, affiliates, strategic partners, successors or assigns shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be in addition to, and not in lieu of, any other rights and or remedies available to the Company under or its subsidiaries, affiliates, strategic partners, successors or assigns at law or in equity:.

Appears in 21 contracts

Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 17 contracts

Samples: Employment Agreement (Zogenix Inc), Employment Agreement (Santarus Inc), Employment Agreement (Santarus Inc)

Rights and Remedies Upon Breach. If In the event Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 (the Restrictive Covenants”), the Company shall will have the following rights and remedies, each of which rights and remedies shall will be independent of the other any others and severally enforceable, and all of which rights and remedies shall will be in addition to, and not in lieu of, any other rights and remedies available to the Company under at law or in equity:

Appears in 15 contracts

Samples: Employment Agreement (American Safety Insurance Holdings LTD), Employment Agreement (American Safety Insurance Holdings LTD), Employment Agreement (American Safety Insurance Holdings LTD)

Rights and Remedies Upon Breach. If the Executive breaches or breaches, threatens to commit a breach of of, any of the provisions contained in Section 10 of this Section 5 Agreement (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:.

Appears in 14 contracts

Samples: Employment Agreement (Pdi Inc), Employment Agreement (Infinite Group Inc), Employment Agreement (Infinite Group Inc)

Rights and Remedies Upon Breach. If Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 7.1 (the “Restrictive Covenants”), the Company Employer shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 Employer under law or in equity:

Appears in 13 contracts

Samples: Employment Agreement (Metalico Inc), Employment Agreement (Metalico Inc), Employment Agreement (Metalico Inc)

Rights and Remedies Upon Breach. If In the event the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 (the Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other any 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 under at law or in equity:

Appears in 12 contracts

Samples: Change of Control Employment Agreement (Mapics Inc), Change of Control Employment Agreement (Mapics Inc), Change of Control Employment Agreement (Mapics Inc)

Rights and Remedies Upon Breach. If Executive Employee breaches or threatens to commit a breach of any of the provisions of this Section 5 6 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 9 contracts

Samples: Employment Agreement (Conatus Pharmaceuticals Inc.), Employment Agreement (Conatus Pharmaceuticals Inc.), Employment Agreement (Conatus Pharmaceuticals Inc.)

Rights and Remedies Upon Breach. If the Executive breaches or threatens to commit a breach of breaches, any of the provisions contained in Section 3.1 of this Section 5 Agreement (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 8 contracts

Samples: Employment Agreement (Grey Wolf Inc), Employment Agreement (Eagle Geophysical Inc), Employment Agreement (Grey Wolf Inc)

Rights and Remedies Upon Breach. If the Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 6.1 hereof (collectively, the "Restrictive Covenants"), the Company shall and its Affiliates shall, in addition to the rights set forth in the last sentence of Section 5.1 hereof, have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 and its Affiliates under law or in equity:

Appears in 8 contracts

Samples: Employment Agreement (Southern Bottled Water Co Inc), Employment Agreement (Southern Bottled Water Co Inc), Employment Agreement (Southern Bottled Water Co Inc)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 6 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:, including, without limitation, the right to cease all severance payments and benefits payable pursuant to Section 5 above in the event of Executive’s breach of any of the Restrictive Covenants.

Appears in 7 contracts

Samples: Employment Agreement (ChemoCentryx, Inc.), Employment Agreement (ChemoCentryx, Inc.), Employment Agreement (ChemoCentryx, Inc.)

Rights and Remedies Upon Breach. If Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this contained in Section 5 5.1 (the "Restrictive Covenants"), the Company shall will have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 6 contracts

Samples: Dollar (Dollar Express Inc), Dollar (Dollar Express Inc), Dollar (Dollar Express Inc)

Rights and Remedies Upon Breach. If the Executive breaches or threatens to commit a breach of breaches, any of the provisions contained in Section 3.1 of this Section 5 Agreement (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 6 contracts

Samples: Employment Agreement (Grey Wolf Inc), Employment Agreement (Grey Wolf Inc), Employment Agreement (Grey Wolf Inc)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this contained in Section 5 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity, including, without limitation, recovery of money damages and termination of this Agreement:

Appears in 6 contracts

Samples: Employment Agreement (Stewart Information Services Corp), Employment Agreement (Stewart Information Services Corp), Employment Agreement (Stewart Information Services Corp)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 6 contracts

Samples: Management Employment Agreement (NetSpend Holdings, Inc.), Management Employment Agreement (NetSpend Holdings, Inc.), Management Employment Agreement (NetSpend Holdings, Inc.)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 6 (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 5 contracts

Samples: Executive Employment Agreement (AMP Holding Inc.), Employment Agreement (Prometheus Laboratories Inc), Employment Agreement (Cancervax Corp)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 5. hereof (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under at law or in equity:.

Appears in 5 contracts

Samples: Employment Agreement (Team Communication Group Inc), Employment Agreement (Team Communication Group Inc), Employment Agreement (Team Communication Group Inc)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of contained in this Section 5 5, including any provisions of Exhibit A (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity, including, without limitation, recovery of money damages and termination of this Agreement:

Appears in 4 contracts

Samples: Employment Agreement (Stewart Information Services Corp), Employment Agreement (Stewart Information Services Corp), Employment Agreement (Stewart Information Services Corp)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 (the “Restrictive Covenants”), the Company shall have the following rights and remedieshave, each of which rights and remedies shall be independent of the other 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 under law or in equity:, the right to immediately cease all payments and benefits under Section 4(b) above.

Appears in 4 contracts

Samples: Employment Agreement (Plus Therapeutics, Inc.), Employment Agreement (Plus Therapeutics, Inc.), Employment Agreement (Plus Therapeutics, Inc.)

Rights and Remedies Upon Breach. If Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of Paragraph 6 of this Section 5 Agreement (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under at law or in equity:.

Appears in 4 contracts

Samples: Employment Agreement (Small World Kids Inc), Employment Agreement (Small World Kids Inc), Employment Agreement (Small World Kids Inc)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 (the Restrictive Covenants”), the Company shall have the following rights and remediesremedies with respect to the Executive, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:.

Appears in 4 contracts

Samples: Employment Agreement (Sovereign Specialty Chemicals Inc), Employment Agreement (Dal Tile International Inc), Employment Agreement (Dal Tile International Inc)

Rights and Remedies Upon Breach. If the Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:.

Appears in 4 contracts

Samples: Executive Employment Agreement (Englobal Corp), Executive Employment Agreement (Englobal Corp), Executive Employment Agreement (Englobal Corp)

Rights and Remedies Upon Breach. If Executive breaches the Employee breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 6(a) (the "Restrictive Covenants"), the Company Corporation shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 Corporation under law or in equity:.

Appears in 3 contracts

Samples: Employment Agreement (Assisted Living Concepts Inc), Employment Agreement (Assisted Living Concepts Inc), Employment Agreement (Assisted Living Concepts Inc)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 17(a) (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 3 contracts

Samples: Employment Agreement (Health Management Inc/De), Employment Agreement (Health Management Inc/De), Employment Agreement (Assisted Living Concepts Inc)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions contained in Section 5, including any provisions of this Section 5 Exhibit A (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity, including, without limitation, recovery of money damages and termination of this Agreement:

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement (Stewart Information Services Corp), Employment Agreement (Stewart Information Services Corp)

Rights and Remedies Upon Breach. If the Executive breaches or breaches, threatens to commit a breach of of, any of the provisions contained in Section 10 of this Section 5 Agreement (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 3 contracts

Samples: Employment Agreement (Sachem Capital Corp.), Employment Agreement (Sachem Capital Corp.), Employment Agreement (Universal Power Group Inc.)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 4 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 3 contracts

Samples: Employment Agreement (One Stop Systems Inc), Employment Agreement (One Stop Systems Inc), Employment Agreement (One Stop Systems Inc)

Rights and Remedies Upon Breach. If Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 7 (the "Restrictive Covenants"), the Company and any successor thereto shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:.

Appears in 3 contracts

Samples: Employment Agreement (Eagle Picher Industries Inc), Note and Security Agreement (Eagle Picher Industries Inc), Employment Agreement (Eagle Picher Holdings Inc)

Rights and Remedies Upon Breach. If Executive Employee breaches or threatens to commit a breach of any of the provisions of this Section 5 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 3 contracts

Samples: Employment Agreement (Biocept Inc), Employment Agreement (Biocept Inc), Employment Agreement (Biocept Inc)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 (the “Restrictive Covenants”), the Company Group shall have have, in addition to the right to cease any post-termination benefits under Section 4(b), the following rights and remedies, each of which rights and remedies shall be independent of the other 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 Group under law or in equity:

Appears in 2 contracts

Samples: Employment Agreement (Connect Biopharma Holdings LTD), Employment Agreement (Connect Biopharma Holdings LTD)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 (the “Restrictive Covenants”), Holdings and the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 Holdings and the Company under law or in equity:

Appears in 2 contracts

Samples: Management Employment Agreement (NetSpend Holdings, Inc.), Management Employment Agreement (NetSpend Holdings, Inc.)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 16 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 2 contracts

Samples: Employment Agreement (One Stop Systems, Inc.), Employment Agreement (One Stop Systems, Inc.)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions contained in Section 10 of this Section 5 Agreement (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 2 contracts

Samples: Employment Agreement (Aki Holding Corp), Employment Agreement (Aki Inc)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 (the Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 2 contracts

Samples: Compete Agreement (McCormick & Schmick Holdings, L.L.C.), Compete Agreement (McCormick & Schmick Holdings, L.L.C.)

Rights and Remedies Upon Breach. If the Executive breaches or breaches, threatens to commit a breach of of, any of the provisions contained in Section 12 of this Section 5 Agreement (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 2 contracts

Samples: Employment Agreement (Q Comm International Inc), Employment Agreement (Q Comm International Inc)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 hereof (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under at law or in equity:.

Appears in 2 contracts

Samples: Solomon Employment Agreement (Youbet Com Inc), Champion Employment Agreement (Youbet Com Inc)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 16 (collectively, the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 2 contracts

Samples: Employment Agreement (One Stop Systems, Inc.), Employment Agreement (One Stop Systems, Inc.)

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Rights and Remedies Upon Breach. If Executive breaches or breaches, threatens to commit a breach of of, any of the provisions contained in Section 10 of this Section 5 Agreement (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 1 contract

Samples: Employment Agreement (Sachem Capital Corp.)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 (the “Restrictive Covenants”), the Company Group shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 Group under law or in equity:

Appears in 1 contract

Samples: Employment Agreement (Connect Biopharma Holdings LTD)

Rights and Remedies Upon Breach. If In the event Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 (the “Restrictive Covenants”)5, the Company and its subsidiaries, affiliates, successors or assigns shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be in addition to, and not in lieu of, any other rights and or remedies available to the Company under or its subsidiaries, affiliates, successors or assigns at law or in equityequity under this Release or otherwise:

Appears in 1 contract

Samples: General Release of Claims (Dasan Zhone Solutions Inc)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions contained in Sections 12,13 or 14 of this Section 5 Agreement (the "Restrictive Covenants"), the Company shall and its Affiliates will have the following rights and remedies, each of which rights and remedies shall will be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company and its Affiliates under law or in equity:

Appears in 1 contract

Samples: Amended And (Heidrick & Struggles International Inc)

Rights and Remedies Upon Breach. If Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of Paragraphs 12.2 through 12.5 of this Section 5 Agreement (collectively, the "Restrictive Covenants”), ") the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 1 contract

Samples: Employment Agreement (Quintiles Transnational Corp)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the prov1s10ns contained in Section 5, including any provisions of this Section 5 Exhibit A (collectively, the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity, including, without limitation, recovery of money damages and termination of this Agreement:

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Stewart Information Services Corp)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or ------------------------------- threatens to commit a breach of of, any of the provisions contained in Sections 5, 6 or 7 of this Section 5 Agreement (the "Restrictive Covenants"), the Company shall and its Affiliates will have the following rights and remedies, each of which rights and remedies shall will be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company and its Affiliates under law or in equity:

Appears in 1 contract

Samples: Retirement Agreement (Heidrick & Struggles International Inc)

Rights and Remedies Upon Breach. If Immediately upon the breach by Executive breaches or threatens to commit a breach of any of the provisions of covenants in this Section 5 (the “Restrictive Covenants”)4, the Company shall have be entitled to the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all may be exercised in whole or in part, at the discretion of the Company, and each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 1 contract

Samples: Employment Agreement (Lattice INC)

Rights and Remedies Upon Breach. If the Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 6.1 hereof (collectively, the “Restrictive Covenants”), the Company shall and its Affiliates shall, in addition to the rights set forth in the last sentence of Section 5.1 hereof, have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 and its Affiliates under law or in equity:

Appears in 1 contract

Samples: Employment Agreement (Reddy Ice Holdings Inc)

Rights and Remedies Upon Breach. If Executive breaches breaches, or threatens to commit a breach of of, any of the provisions of this Section 5 5.1 (the “"Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 1 contract

Samples: Employment Agreement (Compuware Corporation)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of contained in this Section 5 5, including any provisions of Exhibit A (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:, including, without limitation, recovery of money damages and termination of this Agreement: (a)

Appears in 1 contract

Samples: Employment Agreement (Stewart Information Services Corp)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions contained in Section 4.1 of this Section 5 Agreement (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 1 contract

Samples: Employment Agreement (Ivex Packaging Corp /De/)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or ------------------------------- threatens to commit a breach of of, any of the provisions of this Section 5 hereof (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under at law or in equity:.

Appears in 1 contract

Samples: Champion Employment Agreement (Youbet Com Inc)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:: 8 US-DOCS\117462942.3

Appears in 1 contract

Samples: Employment Agreement (Zentalis Pharmaceuticals, Inc.)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 17 (collectively the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 1 contract

Samples: Employment Agreement (One Stop Systems, Inc.)

Rights and Remedies Upon Breach. If the Executive breaches or breaches, threatens to commit a breach of of, any of the provisions contained in Section 9 of this Section 5 Agreement (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:.

Appears in 1 contract

Samples: Employment Agreement (Q Comm International Inc)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions contained in paragraph 10 of this Section 5 Agreement (the "Restrictive Covenants"), the Company shall will have the following rights and remedies, each of which rights and remedies shall will be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 1 contract

Samples: Agreement (Globalsantafe Corp)

Rights and Remedies Upon Breach. If a court of competent jurisdiction or arbitrator determines that Executive breaches has breached or threatens to commit a breach of any of the provisions of this Section 5 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other 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 under law or in equity:

Appears in 1 contract

Samples: Employment Agreement (Zentalis Pharmaceuticals, Inc.)

Rights and Remedies Upon Breach. If the Executive breaches or breaches, threatens to commit a breach of of, any of the provisions contained in Section 12 of this Section 5 Agreement (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 1 contract

Samples: Employment Agreement (Q Comm International Inc)

Rights and Remedies Upon Breach. If Executive breaches or threatens to commit a breach of any of the prov1S1ons contained in Section 5, including any provisions of this Section 5 Exhibit A (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity, including, without limitation, recovery of money damages and termination of this Agreement:

Appears in 1 contract

Samples: Employment Agreement (Inotiv, Inc.)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens to commit a breach of of, any of the provisions contained in paragraph 10 of this Section 5 Agreement (the “Restrictive Covenants”), the Company shall will have the following rights and remedies, each of which rights and remedies shall will be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 1 contract

Samples: Agreement (Globalsantafe Corp)

Rights and Remedies Upon Breach. If In the event Executive breaches breaches, or threatens to commit a breach of of, any of the provisions covenants contained in Sections 6, 7, 8 or 9 of this Section 5 Agreement (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other any 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 under at law or in equity:

Appears in 1 contract

Samples: Employment Agreement (Hanger, Inc.)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or threatens ------------------------------- to commit a breach of of, any of the provisions contained in paragraph 10 of this Section 5 Agreement (the "Restrictive Covenants"), the Company shall will have the following rights and remedies, each of which rights and remedies shall will be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 1 contract

Samples: Agreement (Global Marine Inc)

Rights and Remedies Upon Breach. If the Executive breaches or breaches, threatens to commit a breach of of, any of the provisions of contained in this Section 5 10 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 1 contract

Samples: Employment Agreement (Jwiz, Inc.)

Rights and Remedies Upon Breach. If In the event Executive breaches breaches, _______________________________ or threatens to commit a breach of of, any of the provisions of this Section 5 (the Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other any 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 under at law or in equity:

Appears in 1 contract

Samples: Employment Agreement (Check Into Cash Inc)

Rights and Remedies Upon Breach. If the Executive breaches breaches, or the Company reasonably believes the Executive threatens to commit a breach of of, any of the provisions of this Section 5 Clauses 5,6.1 and 6.2 (the "Restrictive Covenants"), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other others and severally enforceable, and all each of which rights and remedies shall be is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

Appears in 1 contract

Samples: Supplemental Agreement (Tom Online Inc)

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