Common use of Rights and Remedies Upon Breach Clause in Contracts

Rights and Remedies Upon Breach. If the Executive Employee breaches any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech under law or in equity: (a) The right to have the Restrictive Covenants specifically enforced by any court having jurisdiction over the parties to this Employment Agreement; and (b) The right to entry of restraining orders and/or injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and (c) The right and remedy to require the Executive Employee to account for and pay over to Glasstech all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as the result of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech may set off any amounts due to Glasstech under this Section 9 against any amounts owed to the Executive Employee.

Rights and Remedies Upon Breach. If the Executive Employee breaches breaches, or threatens to commit a breach of, any of the provisions of Section 8 hereof (collectively, the "“Restrictive Covenants"”), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (ai) The right to have Executive recognizes and agrees that the violation of the Restrictive Covenants may not be reasonably or adequately compensated in damages and that, in addition to any other relief to which the Employer may be entitled by reason of such violation, it shall also be entitled to permanent and temporary injunctive and equitable relief and, pending determination of any dispute with respect to such violation, no bond or security shall be required in connection therewith. Without limiting the generality of the foregoing, the Executive specifically enforced acknowledges that showing by the Employer of any court having jurisdiction over breach of any provision of any Restrictive Covenant shall constitute, for the parties purposes of all judicial determinations of the issue of injunctive relief, conclusive proof of all of the elements necessary to this Employment Agreement; and (b) The right entitle the Employer to entry of restraining orders and/or injunctions (preliminary, mandatory, temporary interim and permanent) permanent injunctive relief against the Executive Employee against violationswith respect to such breach. If any dispute arises with respect to this Section 8, threatened without limiting in any way any other rights or actualremedies to which the Employer may be entitled, and whether or not then continuing, the Executive agrees that the Restrictive Covenants shall be enforceable by a decree of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; andspecific performance. (cii) The Employer shall have the right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "“Benefits"”) derived or received by him the Executive as the result of any transactions constituting a breach of any of the Restrictive Covenants, and the Executive Employee shall account for and pay over overall such Benefits to Glasstech. Glasstech may set off any amounts due to Glasstech under this Section 9 against any amounts owed to the Executive EmployeeEmployer.

Rights and Remedies Upon Breach. If the (a) The Executive Employee breaches acknowledges and agrees that any breach by him of any of the provisions of Section 8 6.1 or any subparts thereof (individually or collectively the "“Restrictive Covenants"”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches, or threatens to commit a breach of, any of the provisions of Section 6.1 or any subpart thereof, the Company and its subsidiaries (or any other entity directly or indirectly controlled by such entities), Glasstech shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Company and its subsidiaries (or any other entity directly or indirectly controlled by such entities) under law or in equity: equity (a) The including, without limitation, the recovery of damages), shall have the right and remedy to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over equity jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to an entry against the Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants. (b) In addition to the remedies the Company may seek and obtain pursuant to this Section 6.2, it being acknowledged the Restricted Period shall be extended by any and agreed that all periods during which the Executive shall be found by a court possessing personal jurisdiction over him to have been in violation of any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; andof the Restrictive Covenants contained in this Section 6, as applicable. (c) The right Executive agrees that the provisions of Section 6.1 of this Agreement and remedy to require each subsection thereof are reasonably necessary for the protection of the Company’s legitimate business interests and if enforced, will not prevent Executive Employee to account for and pay over to Glasstech all compensation, profits, monies, accruals, increments from obtaining gainful employment should his employment with the Company end. The Executive agrees that in any action seeking specific performance or other benefits (collectivelyequitable relief, "Benefits") derived he will not assert or received by him contend that any of the provisions of this Section 6 are unreasonable or otherwise unenforceable as the result drafted. The existence of any transactions constituting claim or cause of action by the Executive, whether predicated on this Agreement or otherwise, shall not constitute a breach defense to the enforcement of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech may set off any amounts due to Glasstech under this Section 9 against any amounts owed to the Executive Employee.

Rights and Remedies Upon Breach. If the Executive Employee breaches acknowledges and agrees that his breach of any provision of the provisions of this Section 8 6 (the "“Restrictive Covenants")”) would result in irreparable injury and damage for which money damages do not provide an adequate remedy. Therefore, Glasstech if Executive breaches or threatens to commit a breach of any Restrictive Covenant, the Company shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and an remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to Glasstech the Company under law or in equity:equity (including, without limitation, the recovery of damages): (a) The right to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to seek an entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and; (cb) The right and remedy to require Executive to forfeit his right to receive the Executive Employee to account for and pay over to Glasstech all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as the result balance of any transactions constituting compensation due him which is not yet earned and accrued under this Agreement (whether it be in the form of Annual Salary, expenses or paid time off); and In addition, without limiting the Company’s remedies for any breach by Executive of the Restrictive Covenants, except as required by law, if (i) the Company files a civil action against Executive based on his alleged breach of the Restrictive Covenants, and (ii) the Company obtains preliminary injunctive relief enjoining the Executive Employee from breaching any of the Restrictive Covenants, or a court of competent jurisdiction issues a final judgment (not subject to appeal, which shall account include any order or judgment that finally disposes of the action) that the Executive has breached any of the Restrictive Covenants, then the Executive shall promptly repay to the Company any such payments he previously received pursuant to Sections 5.3(b) and (c) above and the Company will have no obligation to pay any of the amounts that remain payable by the Company under Sections 5.3(b) and (c). If, however, a court of competent jurisdiction either denies the Company’s motion, request or application for preliminary injunctive relief or issues a final judgment (not subject to appeal, which shall include any order or judgment that finally disposes of the action) that the Executive has not breached any of the Restrictive Covenants, then Executive shall not be obligated to repay, and pay over such Benefits the Company shall not be entitled to Glasstech. Glasstech may set off recoup, any amounts due to Glasstech under this Section 9 against any amounts owed of the payments made to the Executive Employeepursuant to Sections 5.3(b) and (c).

Rights and Remedies Upon Breach. Executive acknowledges and agrees that a violation of any provision of Sections 8 or 9 of this Agreement (the “Restrictive Covenants”) shall cause irreparable harm to the Employer and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and attorney’s fees incurred by the Employer in enforcing its rights under this Agreement. If the Executive Employee breaches breaches, or threatens to commit a breach of any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation the parties to this Employment Agreement; and (b) The right to entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) ), without proof of special damages, against the Executive Employee against violationsviolations of such covenants, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstechthe Employer; and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as Executive during the result period of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section 9 10(B) against any amounts owed to the Executive Employeeunder Sections 4 or 7.

Rights and Remedies Upon Breach. Executive acknowledges and agrees that a violation of any provision of Paragraph 7 or 8 of this Agreement (the “Restrictive Covenants”) shall cause irreparable harm to the Employer, and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and attorney’s fees incurred by the Employer in enforcing its rights under this Agreement. If the Executive Employee breaches breaches, or threatens to commit a breach of any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation, the parties to this Employment Agreement; and (b) The right to entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) ), without proof of special damages, against the Executive Employee against violationsviolations of such covenants, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstechthe Employer; and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him Executive as the result of any transactions transaction constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section 9 Paragraph 9(B) against any amounts owed to the Executive Employeeunder Paragraph 4 or 6.

Rights and Remedies Upon Breach. If the Executive Employee EMPLOYEE breaches any of the provisions of Section 8 Articles IX or X above (the "Restrictive Covenants"), Glasstech the EMPLOYER and its subsidiaries, affiliates, successors or assigns shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies)set forth below in this Article XI, 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 Glasstech under the EMPLOYER or its subsidiaries, affiliates, successors or assigns at law or in equity:. (a) 11.01 The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over the parties to this Employment Agreement; and (b) The right to entry of restraining orders and/or injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened by injunctive decree or actual, and whether or not then continuing, of such covenantsotherwise, it being acknowledged and agreed that any such breach or threatened breach will of the Restrictive Covenants would cause irreparable injury to Glasstech the EMPLOYER or its subsidiaries, affiliates, successors or assigns and that money damages will would not provide an adequate remedy to Glasstech; andthe EMPLOYER or its subsidiaries, affiliates, successors or assigns. (c) The right 11.02 EMPLOYEE acknowledges and remedy to require agrees that the Executive Employee to account for Restrictive Covenants are reasonable and pay over to Glasstech valid in geographic and temporal scope and in all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as the result of respects. If any transactions constituting a breach 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 the Executive Employee shall account for be given full force and pay over such Benefits to Glasstech. Glasstech may set off any amounts due to Glasstech under this Section 9 against any amounts owed effect without regard to the Executive Employeeinvalid portions. 11.03 If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provision, such court shall have the power to reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its reduced form, such provision shall then be enforceable. 11.04 EMPLOYEE intends to and hereby confers jurisdiction to enforce the Restrictive Covenants upon the courts of any jurisdiction within the geographic scope of such covenants. If the courts of any one or more of such jurisdictions hold the Restrictive Covenants unenforceable by reason of the breadth of such scope or otherwise, it is the intention of EMPLOYEE that such determination not bar or in any way affect the right of the EMPLOYER or its subsidiaries, affiliates, successors or assigns to the relief provided herein in the courts of any other jurisdiction within the geographic scope of such covenants, as to breaches of such covenants in such other respective jurisdictions, such covenants as they relate to each jurisdiction being, for this purpose, severable into diverse and independent covenants.

Rights and Remedies Upon Breach. If the Executive Employee breaches acknowledges and agrees that a violation of any provision of the provisions Paragraph 9 or 10 of Section 8 this Agreement (the "Restrictive Covenants")) shall cause irreparable harm to the Employer, Glasstech and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and attorney's fees incurred by the Employer in enforcing its rights under this Agreement. If Executive breaches, or threatens to commit a breach of any of the Restrictive Covenants, the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation, the parties to this Employment Agreement; and (b) The right to entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee ), without proof of special damages, against violations, threatened or actual, and whether or not then continuing, continuing of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstech; the Employer and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him Executive as the result of any transactions transaction constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section 9 Paragraph 11(B) against any amounts owed to the Executive Employeeunder Paragraph 4, 5 or 8.

Rights and Remedies Upon Breach. Executive acknowledges and agrees that a violation of any provision of Paragraph 9 or 10 of this Agreement (the “Restrictive Covenants”) shall cause irreparable harm to the Employer, and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and attorney’s fees incurred by the Employer in enforcing its rights under this Agreement. If the Executive Employee breaches breaches, or threatens to commit a breach of any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation, the parties to this Employment Agreement; and (b) The right to entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee ), without proof of special damages, against violations, threatened or actual, and whether or not then continuing, continuing of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstech; the Employer and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him Executive as the result of any transactions transaction constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section 9 Paragraph 11(B) against any amounts owed to the Executive Employeeunder Paragraph 4, 5 or 8.

Rights and Remedies Upon Breach. If the Executive Employee breaches acknowledges and agrees that his breach of any provision of the provisions of this Section 8 6 (the "“Restrictive Covenants")”) would result in irreparable injury and damage for which money damages do not provide an adequate remedy. Therefore, Glasstech if Executive breaches or threatens to commit a breach of any Restrictive Covenant, IntraLinks shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and an remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to Glasstech IntraLinks under law or in equity:equity (including, without limitation, the recovery of damages): (a) The right to To have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to seek an entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants; (b) To require Executive to forfeit his right to receive the balance of any compensation due him which is not yet earned and accrued or vested under this Agreement (whether it be in the form of Annual Salary, it being acknowledged and agreed that any such breach expenses or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstechvacation); and (c) The right and remedy to To require the Executive Employee to account for and pay over to Glasstech IntraLinks all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits"“Profits”) derived or received by him as the result of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits the Profits to Glasstech. Glasstech may set off any amounts due to Glasstech under this Section 9 against any amounts owed to the Executive EmployeeIntraLinks.

Rights and Remedies Upon Breach. If the (a) The Executive Employee breaches acknowledges and agrees that any breach by him of any of the provisions of Section 8 6.1 hereof (the "Restrictive Covenants")) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, Glasstech if the Executive breaches or threatens to commit a breach of any of the provisions of Section 6. 1 hereof, the Company shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Company under law or in equity:equity (including, without limitation, the recovery of damages): (ai) The right and remedy to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over equity jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to an entry against the Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and. (cii) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as the result of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech may set off the Company and, if applicable, its affected subsidiaries and/or affiliates. (b) The Executive agrees that in any amounts due to Glasstech under action seeking specific performance or other equitable relief, he will not assert or contend that any of the provisions of this Section 9 against 6 are unreasonable or otherwise unenforceable. The existence of any amounts owed claim or cause of action by the Executive, whether predicated on this Agreement or otherwise, shall not constitute a defense to the Executive Employeeenforcement of the Restrictive Covenants.

Rights and Remedies Upon Breach. Executive acknowledges and agrees that a violation of any provision of Paragraph 9 or 10 of this Agreement (the “Restrictive Covenants”) shall cause irreparable harm to the Employer, and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and attorney’s fees incurred by the Employer in enforcing its rights under this Agreement. If the Executive Employee breaches breaches, or threatens to commit a breach of any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation, the parties to this Employment Agreement; and (b) The right to entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) ), without proof of special damages, against the Executive Employee against violationsviolations of such covenants, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstechthe Employer; and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him Executive as the result of any transactions transaction constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section 9 Paragraph 11 (B) against any amounts owed to the Executive Employeeunder Paragraph 4, 5 or 8.

Rights and Remedies Upon Breach. If the The Executive Employee breaches acknowledges and agrees that any breach by him of any of the provisions of Section 8 6.1 (the "Restrictive Covenants")) would result in irreparable injury and harm for which money damages would not provide an adequate remedy. Therefore, Glasstech if the Executive breaches, or threatens to commit a breach of, any of the provisions of Section 6.1, the Company and its affiliates shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Company and its affiliates under law or in equity:equity (including, without limitation, the recovery of damages): (ai) The right and remedy to have the Restrictive Covenants specifically enforced (without the need to prove damages) by any court having jurisdiction over equity jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to an entry against the Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and (cii) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Company and its affiliates all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as the proximate result of any transactions actions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstechthe Company and, if applicable, its affected affiliates. Glasstech may set off The Executive agrees that in any amounts due to Glasstech under action seeking specific performance or other equitable relief, he will not assert or contend that any of the provisions of this Section 9 against 6 are unreasonable or otherwise unenforceable. The existence of any amounts owed claim or cause of action by the Executive, whether predicated on this Agreement or otherwise, shall not limit the Company's right to enforce the Executive EmployeeRestrictive Covenants.

Rights and Remedies Upon Breach. If the Executive Employee breaches Shareholder breaches, or threatens to commit a breach of, any of the provisions of this Section 8 7.1 (the "Restrictive Covenants"), Glasstech the Acquiror and the Surviving Corporation shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and remedies shall be independent of the other and severally enforceableenforceable and shall not be affected by the provisions of Article VI, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to Glasstech the Acquiror and the Surviving Corporation under law or in equity: (ai) The right and remedy to have the Restrictive Covenants specifically enforced (without posting any bond) by any court having jurisdiction over equity jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to an entry against the Shareholder of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Acquiror or the Surviving Corporation and that money damages will not provide an adequate remedy to Glasstech; andthe Acquiror or the Surviving Corporation. (cii) The right and remedy to require the Executive Employee Shareholder to account for and pay over to Glasstech Acquiror all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as such person the result of any transactions constituting a breach of any of the Restrictive Covenants, and the Executive Employee such person shall account for and pay over such Benefits to Glasstech. Glasstech may set off any amounts due to Glasstech under this Section 9 against any amounts owed to the Executive EmployeeAcquiror or the Surviving Corporation.

Rights and Remedies Upon Breach. Executive acknowledges and agrees that a violation of any provision of Paragraph 9 or 10 of this Agreement (the “Restrictive Covenants”) shall cause irreparable harm to the Employer, and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and attorney’s fees incurred by the Employer in enforcing its rights under this Agreement. If the Executive Employee breaches breaches, or threatens to commit a breach of any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation, the parties to this Employment Agreement; and (b) The right to entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee ), without proof of special damages, against violations, threatened or actual, and whether or not then continuing, continuing of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstechthe Employer; and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him Executive as the result of any transactions transaction constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section 9 Paragraph 11(B) against any amounts owed to the Executive Employeeunder Paragraph 4, 5 or 8.

Rights and Remedies Upon Breach. If the (a) The Executive Employee breaches acknowledges and agrees that any breach by him of any of the provisions of Section 8 6.1 hereof (the "Restrictive Covenants")) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, Glasstech if the Executive breaches or threatens to commit a breach of any of the provisions of Section 6. 1 hereof, the Company shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 toto , and not in lieu of, any other rights and remedies available to Glasstech the Company under law or in equity:equity (including, without limitation, the recovery of damages): (ai) The right and remedy to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over equity jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to an entry against the Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and. (cii) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as the result of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech may set off the Company and, if applicable, its affected subsidiaries and/or affiliates. (b) The Executive agrees that in any amounts due to Glasstech under action seeking specific performance or other equitable relief, he will not assert or contend that any of the provisions of this Section 9 against 6 are unreasonable or otherwise unenforceable. The existence of any amounts owed claim or cause of action by the Executive, whether predicated on this Agreement or otherwise, shall not constitute a defense to the Executive Employeeenforcement of the Restrictive Covenants.

Rights and Remedies Upon Breach. Executive acknowledges and agrees that a violation of any provision of Paragraph 10 or 11 of this Agreement (the “Restrictive Covenants”) shall cause irreparable harm to the Employer, and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and attorney’s fees incurred by the Employer in enforcing its rights under this Agreement. If the Executive Employee breaches breaches, or threatens to commit a breach of any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity:; (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation, the parties to this Employment Agreement; and (b) The right to entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) ), without proof of special damages, against the Executive Employee against violationsviolations of such covenants, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstechthe Employer; and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him Executive as the result of any transactions transaction constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section 9 Paragraph 12(B) against any amounts owed to the Executive Employeeunder Paragraph 5, 6 or 9.

Rights and Remedies Upon Breach. If the Executive Employee breaches any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech under law or in equity: (a) The right to have the Restrictive Covenants specifically enforced by any court having jurisdiction over the parties to this Employment Agreement; and (b) The right to entry of restraining orders and/or injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and (c) The right and remedy to require the Executive Employee to account for and pay over to Glasstech all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him her as the result of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech may set off any amounts due to Glasstech under this Section 9 against any amounts owed to the Executive Employee.

Rights and Remedies Upon Breach. Executive acknowledges and agrees that a violation of any provision of Sections 7 or 8 of this Agreement (the “Restrictive Covenants”) shall cause irreparable harm to the Employer and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and reasonable and documented attorney’s fees incurred by the Employer in enforcing its rights under this Agreement. If the Executive Employee breaches breaches, or threatens to commit a breach of any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation the parties to this Employment Agreement; and (b) The right to entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) ), without proof of special damages, against the Executive Employee against violationsviolations of such covenants, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstechthe Employer; and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as Executive from the result Employer or in connection with any such breach of the Restrictive Covenants during the period of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section 9 9(B) against any amounts owed to the Executive Employeeunder Sections 3 or 6.

Rights and Remedies Upon Breach. If the Executive Employee breaches acknowledges and agrees that his breach of any provision of the provisions of this Section 8 6 (the "“Restrictive Covenants")”) would result in irreparable injury and damage for which money damages do not provide an adequate remedy. Therefore, Glasstech if Executive breaches or threatens to commit a breach of any Restrictive Covenant, the Company shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to Glasstech the Company under law or in equity: equity (including, without limitation, the recovery of damages): (a) The right to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to seek an entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and (cb) The right and remedy to require Executive to forfeit his right to receive the Executive Employee to account for balance of any compensation due him that is not yet earned and pay over to Glasstech all compensationaccrued under this Agreement (whether it be in the form of Annual Salary, profits, monies, accruals, increments expenses or other benefits benefits); and In addition, without limiting the Company’s remedies for any breach by Executive of the Restrictive Covenants, except as required by law, if (collectively, "Benefits"i) derived or received by him as the result of any transactions constituting Company files a civil action against Executive based on his alleged breach of the Restrictive Covenants, and (ii) the Company obtains preliminary injunctive relief enjoining the Executive Employee from breaching any of the Restrictive Covenants, or a court of competent jurisdiction issues a final judgment (not subject to appeal, which shall account include any order or judgment that finally disposes of the action) that the Executive has breached any of the Restrictive 6 Covenants, then the Executive shall promptly repay to the Company any such payments he previously received pursuant to Sections 5.3(b) and (c) above and the Company will have no obligation to pay any of the amounts that remain payable by the Company under Sections 5.3(b) and (c). If, however, a court of competent jurisdiction either denies the Company’s motion, request or application for preliminary injunctive relief or issues a final judgment (not subject to appeal, which shall include any order or judgment that finally disposes of the action) that the Executive has not breached any of the Restrictive Covenants, then Executive shall not be obligated to repay, and pay over such Benefits the Company shall not be entitled to Glasstech. Glasstech may set off recoup, any amounts due to Glasstech under this Section 9 against any amounts owed of the payments made to the Executive Employeepursuant to Sections 5.3(b) and (c).

Rights and Remedies Upon Breach. If the The Executive Employee breaches acknowledges and agrees that any breach by him of any of the provisions of Section 8 6.1 (the "Restrictive Covenants")) would result in irreparable injury and harm for which money damages would not provide an adequate remedy. Therefore, Glasstech if the Executive breaches, or threatens to commit a breach of, any of the provisions of Section 6.1, the Company and its affiliates shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Company and its affiliates under law or in equity:equity (including, without limitation, the recovery of damages): (ai) The right and remedy to have the Restrictive Covenants specifically enforced (without the need to prove damages) by any court having jurisdiction over equity jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to an entry against the Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and (cii) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Company and its affiliates all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as the proximate result of any transactions actions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstechthe Company and, if applicable, its affected affiliates. Glasstech may set off The Executive agrees that in any amounts due to Glasstech under action seeking specific performance or other equitable relief, he will not assert or contend that any of the provisions of this Section 9 against 6 are facially unreasonable or otherwise facially unenforceable. The existence of any amounts owed claim or cause of action by the Executive, whether predicated on this Agreement or otherwise, shall not limit the Company's right to enforce the Executive EmployeeRestrictive Covenants.

Rights and Remedies Upon Breach. If the Executive Employee breaches acknowledges and agrees that his breach of any provision of the provisions of this Section 8 7 (the "“Restrictive Covenants")”) would result in irreparable injury and damage for which money damages do not provide an adequate remedy. Therefore, Glasstech if Executive breaches or threatens to commit a breach of any Restrictive Covenant, IntraLinks shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and an remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to Glasstech IntraLinks under law or in equity:equity (including, without limitation, the recovery of damages): (a) The right to To have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to seek an entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants; (b) To require Executive to forfeit his right to receive the balance of any compensation due him which is not yet earned and accrued under this Agreement (whether it be in the form of Annual Salary, it being acknowledged and agreed that any such breach expenses or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstechpaid time off); and (c) The right and remedy to To require the Executive Employee to account for and pay over to Glasstech IntraLinks all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits"“Profits”) derived or received by him as the result of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits the Profits to Glasstech. Glasstech may set off any amounts due to Glasstech under this Section 9 against any amounts owed to the Executive EmployeeIntraLinks.

Rights and Remedies Upon Breach. The Executive acknowledges and agrees that a violation of any provision of Sections 8 or 9 of this Agreement (the “Restrictive Covenants”) shall cause irreparable harm to the Employer and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and reasonable and documented attorney’s fees incurred by the Employer in enforcing its rights under this Agreement. If the Executive Employee breaches breaches, or threatens to commit a breach of any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation, the parties to this Employment Agreement; and (b) The right to entry against the Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) ), without proof of special damages, against the Executive Employee against violationsviolations of such covenants, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstechthe Employer; and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as the result Executive from the Employer or in connection with any such breach of the Restrictive Covenants during the period of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section 9 10(B) against any amounts owed to the Executive Employeeunder Sections 4 or 7.

Rights and Remedies Upon Breach. If the Executive Employee breaches acknowledges and agrees that his breach of any provision of the provisions of this Section 8 6 (the "“Restrictive Covenants")”) would result in irreparable injury and damage for which money damages do not provide an adequate remedy. Therefore, Glasstech if Executive breaches or threatens to commit a breach of any Restrictive Covenant, the Company shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to Glasstech the Company under law or in equity:equity (including, without limitation, the recovery of damages): (a) The right to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to seek an entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and; (cb) The right and remedy to require Executive to forfeit his right to receive the Executive Employee balance of any compensation due to account for his that is not yet earned and pay over to Glasstech all compensationaccrued under this Agreement (whether it be in the form of Annual Salary, profits, monies, accruals, increments expenses or other benefits benefits); and In addition, without limiting the Company’s remedies for any breach by Executive of the Restrictive Covenants, except as required by law, if (collectively, "Benefits"i) derived or received by him as the result of any transactions constituting Company files a civil action against Executive based on his alleged breach of the Restrictive Covenants, and (ii) the Company obtains preliminary injunctive relief enjoining the Executive Employee from breaching any of the Restrictive Covenants, or a court of competent jurisdiction issues a final judgment (not subject to appeal, which shall account include any order or judgment that finally disposes of the action) that the Executive has breached any of the Restrictive Covenants, then the Executive shall promptly repay to the Company any such payments he previously received pursuant to Sections 5.3(b) and (c) above and the Company will have no obligation to pay any of the amounts that remain payable by the Company under Sections 5.3(b) and (c). If, however, a court of competent jurisdiction either denies the Company’s motion, request or application for preliminary injunctive relief or issues a final judgment (not subject to appeal, which shall include any order or judgment that finally disposes of the action) that the Executive has not breached any of the Restrictive Covenants, then Executive shall not be obligated to repay, and pay over such Benefits the Company shall not be entitled to Glasstech. Glasstech may set off recoup, any amounts due to Glasstech under this Section 9 against any amounts owed of the payments made to the Executive Employeepursuant to Sections 5.3(b) and (c).

Rights and Remedies Upon Breach. Executive acknowledges and agrees that a violation of any provision of Paragraph 10 or 11 of this Agreement (the “Restrictive Covenants”) shall cause irreparable harm to the Employer, and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and attorney’s fees incurred by the Employer in enforcing its rights under this Agreement. If the Executive Employee breaches breaches, or threatens to commit a breach of any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation, the parties to this Employment Agreement; and (b) The right to entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) ), without proof of special damages, against the Executive Employee against violationsviolations of such covenants, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstechthe Employer; and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him Executive as the result of any transactions transaction constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section 9 Paragraph 12(B) against any amounts owed to the Executive Employeeunder Paragraph 5, 6 or 9.

Rights and Remedies Upon Breach. Executive acknowledges and agrees that a violation of any provision of Paragraph 7 or 8 of this Agreement (the “Restrictive Covenants”) shall cause irreparable harm to the Employer, and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and attorney’s fees incurred by the Employer in enforcing its rights under this Agreement. If the Executive Employee breaches breaches, or threatens to commit a breach of any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation, the parties to this Employment Agreement; and (b) The right to entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) ), without proof of special damages, against the Executive Employee against violationsviolations of such covenants, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstechthe Employer; and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him Executive as the result of any transactions transaction constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section Paragraph 9 (B) against any amounts owed to the Executive Employeeunder Paragraph 4 or 6.

Rights and Remedies Upon Breach. If the Executive Employee breaches acknowledges and agrees that his breach of any provision of the provisions of this Section 8 6 (the "“Restrictive Covenants")”) would result in irreparable injury and damage for which money damages do not provide an adequate remedy. Therefore, Glasstech if Executive breaches or threatens to commit a breach of any Restrictive Covenant, the Company shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to Glasstech the Company under law or in equity:equity (including, without limitation, the recovery of damages): (a) The right to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to seek an entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and; (cb) The right and remedy to require Executive to forfeit his right to receive the Executive Employee to account for balance of any compensation due him that is not yet earned and pay over to Glasstech all compensationaccrued under this Agreement (whether it be in the form of Annual Salary, profits, monies, accruals, increments expenses or other benefits benefits); and In addition, without limiting the Company’s remedies for any breach by Executive of the Restrictive Covenants, except as required by law, if (collectively, "Benefits"i) derived or received by him as the result of any transactions constituting Company files a civil action against Executive based on his alleged breach of the Restrictive Covenants, and (ii) the Company obtains preliminary injunctive relief enjoining the Executive Employee from breaching any of the Restrictive Covenants, or a court of competent jurisdiction issues a final judgment (not subject to appeal, which shall account include any order or judgment that finally disposes of the action) that the Executive has breached any of the Restrictive Covenants, then the Executive shall promptly repay to the Company any such payments he previously received pursuant to Sections 5.3(b) and (c) above and the Company will have no obligation to pay any of the amounts that remain payable by the Company under Sections 5.3(b) and (c). If, however, a court of competent jurisdiction either denies the Company’s motion, request or application for preliminary injunctive relief or issues a final judgment (not subject to appeal, which shall include any order or judgment that finally disposes of the action) that the Executive has not breached any of the Restrictive Covenants, then Executive shall not be obligated to repay, and pay over such Benefits the Company shall not be entitled to Glasstech. Glasstech may set off recoup, any amounts due to Glasstech under this Section 9 against any amounts owed of the payments made to the Executive Employeepursuant to Sections 5.3(b) and (c).

Rights and Remedies Upon Breach. If the (a) Executive Employee breaches acknowledges and agrees that any breach by him of any of the provisions of Section 8 6.1 hereof (the "“Restrictive Covenants")”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, Glasstech if Executive breaches or threatens to commit a breach of any of the provisions of Section 6.1 hereof, the Company shall have the ability to seek the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Company under law or in equity:equity (including, without limitation, the recovery of damages): (ai) The right and remedy to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over equity jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to an entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and. (cii) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, "“Benefits"”) derived or received by him as the result of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech may set off the Company and, if applicable, its affected subsidiaries and/or affiliates. (b) Executive agrees that in any amounts due to Glasstech under action seeking specific performance or other equitable relief, he will not assert or contend that any of the provisions of this Section 9 against 6 are unreasonable or otherwise unenforceable. The existence of any amounts owed claim or cause of action by Executive, whether predicated on this Agreement or otherwise, shall not constitute a defense to the Executive Employeeenforcement of the Restrictive Covenants.

Rights and Remedies Upon Breach. If the (a) Executive Employee breaches acknowledges and agrees that any breach by him of any of the provisions of Section 8 § 6.1 hereof (the "“Restrictive Covenants")”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, Glasstech if Executive breaches or threatens to commit a breach of any of the provisions of § 6.1 hereof, the Company shall have the ability to seek the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Company under law or in equity: equity (aincluding, without limitation, the recovery of damages): (i) The right and remedy to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over equity jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to an entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged ; and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and (cii) The the right and remedy to require the Executive Employee to account for and pay over to Glasstech the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, "“Benefits"”) derived or received by him as the result of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstechthe Company and, if applicable, its affected subsidiaries and/or affiliates. (b) Executive agrees that in any action seeking specific performance or other equitable relief, he will not assert or contend that any of the provisions of this § 6 are unreasonable or otherwise unenforceable. Glasstech may set off Other than a material breach of this Agreement, the existence of any amounts due to Glasstech under claim or cause of action by Executive, whether predicated on this Section 9 against any amounts owed Agreement or otherwise, shall not constitute a defense to the Executive Employeeenforcement of the Restrictive Covenants.

Rights and Remedies Upon Breach. Executive acknowledges and agrees that a violation of any provision of Paragraph 9 or 10 of this Agreement (the “Restrictive Covenants”) shall cause irreparable harm to the Employer, and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and attorney’s fees incurred by the Employer in enforcing its rights under this Agreement. If the Executive Employee breaches breaches, or threatens to commit a breach of any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation, the parties to this Employment Agreement; and (b) The right to entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) ), without proof of special damages, against the Executive Employee against violationsviolations of such covenants, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstech; the Employer and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him Executive as the result of any transactions transaction constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section 9 Paragraph 11(B) against any amounts owed to the Executive Employeeunder Paragraph 4, 5 or 8.

Rights and Remedies Upon Breach. If the Executive Employee breaches acknowledges and agrees that his breach of any provision of the provisions of this Section 8 7 (the "“Restrictive Covenants")”) would result in irreparable injury and damage for which money damages do not provide an adequate remedy. Therefore, Glasstech if Executive breaches or threatens to commit a breach of any Restrictive Covenant, the Company shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and an remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to Glasstech the Company under law or in equity:equity (including, without limitation, the recovery of damages): (a) The right to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to seek an entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and; (cb) The right and remedy to require Executive to forfeit his right to receive the Executive Employee to account for and pay over to Glasstech all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as the result balance of any transactions constituting compensation due him which is not yet earned and accrued under this Agreement (whether it be in the form of Annual Salary, expenses or paid time off); and In addition, without limiting the Company’s remedies for any breach by Executive of the Restrictive Covenants, except as required by law, if (i) the Company files a civil action against Executive based on his alleged breach of the Restrictive Covenants, and (ii) the Company obtains preliminary injunctive relief enjoining the Executive Employee from breaching any of the Restrictive Covenants, or a court of competent jurisdiction issues a final judgment (not subject to appeal, which shall account include any order or judgment that finally disposes of the action) that the Executive has breached any of the Restrictive Covenants, then the Executive shall promptly repay to the Company any such payments he previously received pursuant to Sections 6.3(b) and (c) above and the Company will have no obligation to pay any of the amounts that remain payable by the Company under Sections 6.3(b) and (c). If, however, a court of competent jurisdiction either denies the Company’s motion, request or application for preliminary injunctive relief or issues a final judgment (not subject to appeal, which shall include any order or judgment that finally disposes of the action) that the Executive has not breached any of the Restrictive Covenants, then Executive shall not be obligated to repay, and pay over such Benefits the Company shall not be entitled to Glasstech. Glasstech may set off recoup, any amounts due to Glasstech under this Section 9 against any amounts owed of the payments made to the Executive Employeepursuant to Sections 6.3(b) and (c).

Rights and Remedies Upon Breach. Executive acknowledges and agrees that a violation of any provision of Sections 8 or 9 of this Agreement (the “Restrictive Covenants”) shall cause irreparable harm to the Employer and the Employer shall be entitled to specific performance of this Agreement or an injunction without proof of special damages, together with costs and reasonable and documented attorney’s fees incurred by the Employer in enforcing its rights under this Agreement. If the Executive Employee breaches breaches, or threatens to commit a breach of any of the provisions of Section 8 (the "Restrictive Covenants"), Glasstech the Employer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Employer under law or in equity: (aA) The right and remedy to have the Restrictive Covenants specifically enforced by any court having of competent jurisdiction over including, without limitation, the parties to this Employment Agreement; and (b) The right to entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) ), without proof of special damages, against the Executive Employee against violationsviolations of such covenants, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech the Employer and that money damages will not provide an adequate remedy to Glasstechthe Employer; and (cB) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Employer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as Executive from the result Employer or in connection with any such breach of the Restrictive Covenants during the period of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstech. Glasstech The Employer may set off any amounts due to Glasstech it under this Section 9 10(B) against any amounts owed to the Executive Employeeunder Sections 4 or 7.

Rights and Remedies Upon Breach. If the Executive Employee breaches acknowledges and agrees that his breach of any provision of the provisions of this Section 8 6 (the "“Restrictive Covenants")”) would result in irreparable injury and damage for which money damages do not provide an adequate remedy. Therefore, Glasstech if Executive breaches or threatens to commit a breach of any Restrictive Covenant, the Company shall have the following rights and remedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to Glasstech the Company under law or in equity:equity (including, without limitation, the recovery of damages): (a) The right to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having jurisdiction over jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to seek an entry against Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and; (cb) The right and remedy to require Executive to forfeit his right to receive the Executive Employee balance of any compensation due to account for him that is not yet earned and pay over to Glasstech all compensationaccrued under this Agreement (whether it be in the form of Annual Salary, profits, monies, accruals, increments expenses or other benefits benefits); and In addition, without limiting the Company’s remedies for any breach by Executive of the Restrictive Covenants, except as required by law, if (collectively, "Benefits"i) derived or received by him as the result of any transactions constituting Company files a civil action against Executive based on his alleged breach of the Restrictive Covenants, and (ii) the Company obtains preliminary injunctive relief enjoining the Executive Employee from breaching any of the Restrictive Covenants, or a court of competent jurisdiction issues a final judgment (not subject to appeal, which shall account include any order or judgment that finally disposes of the action) that the Executive has breached any of the Restrictive Covenants, then the Executive shall promptly repay to the Company any such payments he previously received pursuant to Sections 5.3(b) and (c) above and the Company will have no obligation to pay any of the amounts that remain payable by the Company under Sections 5.3(b) and (c). If, however, a court of competent jurisdiction either denies the Company’s motion, request or application for preliminary injunctive relief or issues a final judgment (not subject to appeal, which shall include any order or judgment that finally disposes of the action) that the Executive has not breached any of the Restrictive Covenants, then Executive shall not be obligated to repay, and pay over such Benefits the Company shall not be entitled to Glasstech. Glasstech may set off recoup, any amounts due to Glasstech under this Section 9 against any amounts owed of the payments made to the Executive Employeepursuant to Sections 5.3(b) and (c).

Rights and Remedies Upon Breach. If the Executive Employee breaches Covered Person breaches, or threatens to commit a breach of, any of the provisions of Section 8 5.6 (a) (the "Restrictive Covenants"), Glasstech Buyer shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech Buyer under law or in equity: (ai) The right and remedy to have the Restrictive Covenants specifically enforced (without posting bond) by any court having jurisdiction over equity jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to an entry against the Covered Person of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then CONFORMED COPY continuing, of such covenants, it being acknowledged and agreed that Covered Person's services are unique and that the Covered Person has, and has had, access to confidential Company Information and Work Product and that any such breach or threatened breach of the Restrictive Covenants will cause irreparable injury to Glasstech Buyer and that money damages will not provide an adequate remedy to Glasstech; andBuyer. (cii) The right and remedy to require the Executive Employee Covered Person to account for and pay over to Glasstech Buyer all compensation, profits, monies, accruals, increments or other benefits (collectively, "Benefits") derived or received by him as the result of any transactions constituting a breach of the Restrictive Covenants, and the Executive Employee Covered Person shall account for and pay over such Benefits to Glasstech. Glasstech may set off any amounts due to Glasstech under this Buyer. (iii) In the event of an alleged breach or violation by the Covered Person of Section 9 against any amounts owed to 5.6(a), the Executive EmployeeRestricted Period shall be tolled during the period of such breach until such breach or violation has been duly cured.

Rights and Remedies Upon Breach. If the The Executive Employee breaches acknowledges and agrees that any breach by him of any of the provisions of Section 8 6.1 (the "“Restrictive Covenants")”) would result in irreparable injury and harm for which money damages would not provide an adequate remedy. Therefore, Glasstech if the Executive breaches, or threatens to commit a breach of, any of the provisions of Section 6.1, the Company and its affiliates shall have the following rights and remedies (upon compliance with any necessary prerequisites imposed by law upon the availability of such 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 Glasstech the Company and its affiliates under law or in equity:equity (including, without limitation, the recovery of damages): (ai) The right and remedy to have the Restrictive Covenants specifically enforced (without the need to prove damages) by any court having jurisdiction over equity jurisdiction, including, without limitation, the parties to this Employment Agreement; and (b) The right to an entry against the Executive of restraining orders and/or and injunctions (preliminary, mandatory, temporary and permanent) against the Executive Employee against violations, threatened or actual, and whether or not then continuing, of such covenants, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Glasstech and that money damages will not provide an adequate remedy to Glasstech; and (cii) The right and remedy to require the Executive Employee to account for and pay over to Glasstech the Company and its affiliates all compensation, profits, monies, accruals, increments or other benefits (collectively, "“Benefits"”) derived or received by him as the proximate result of any transactions actions constituting a breach of the Restrictive Covenants, and the Executive Employee shall account for and pay over such Benefits to Glasstechthe Company and, if applicable, its affected affiliates. Glasstech may set off The Executive agrees that in any amounts due to Glasstech under action seeking specific performance or other equitable relief, he will not assert or contend that any of the provisions of this Section 9 against 6 are facially unreasonable or otherwise facially unenforceable. The existence of any amounts owed claim or cause of action by the Executive, whether predicated on this Agreement or otherwise, shall not limit the Company’s right to enforce the Executive EmployeeRestrictive Covenants.