Common use of Rights and Remedies Upon Breach Clause in Contracts

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Covenants will be inadequate, and that in the event Participant breaches, or threatens to breach, any of the Protective Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant understands and agrees that if he/she violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Covenants or applicable law against Participant shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Employee breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to seek to enjoin, preliminarily and permanently, Participant Employee from violating or threatening to violate the Protective Restrictive Covenants and to petition to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Group and that money damages would not provide an adequate remedy to the Company. Participant Employee understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant Employee understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant Employee its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Employee shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Employee based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoinseek to enjoin Executive, preliminarily and permanently, Participant from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Executive understands and agrees that if he/she Executive violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the Executive’s part of Participant based on, or arising out of, this Agreement or any other event or transaction. Executive and the Company further agree that the Restrictive Covenants contained in this Section 6 are reasonable and necessary to protect the businesses of the Company because of Executive’s access to Confidential Information and Executive’s material participation in the operation of such businesses. If Executive willfully breaches any of the Restrictive Covenants set forth in this Section 6, then in addition to any injunctive relief, Executive will promptly return to the Company the gross amount of the severance payments and benefits that the Company has paid to Executive pursuant to Section 4(b)(i) or Section 4(b)(ii), as applicable.

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant breaches, or threatens to breach, Executive breaches any of the Protective Restrictive Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant Executive understands and agrees that if he/she he materially violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated Restricted Period shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictionRestricted Period. If Employer does not substantially prevail in such litigation, the Restricted Period shall be deemed to have continued to run during the litigation. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyEmployer’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant the Executive breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant the Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant The Executive understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant The Executive understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant the Executive its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant the Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant the Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoinseek to enjoin Executive, preliminarily and permanently, Participant from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Executive understands and agrees that if he/she Executive violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the Executive’s part of Participant based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the restrictions in Section 4 of this Agreement (the “Protective Covenants Covenants”) will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Covenants, the Company Pier 1 Imports shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company Pier 1 Imports and that money damages would not provide an adequate remedy to the CompanyPier 1 Imports. Participant Executive understands and agrees that if he/she he violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictioneffectiveness of the Protective Covenants. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Pier 1 Imports at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneysPier 1 Imports’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Covenants will be inadequate, and that in the event Participant Employee breaches, or threatens to breach, any of the Protective Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Employee from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant Employee understands and agrees that if he/she Employee violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Companyequity Employer’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Employee shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Employee based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant the Executive breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company Corporation shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant the Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Group and that money damages would not provide an adequate remedy to the CompanyCorporation. Participant The Executive understands and agrees that if he/he or she violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Corporation at law or in equity. Participant The Executive understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company Corporation prevails in such legal action, the Company Corporation will be entitled, in addition to any other remedy, to recover from Participant the Executive its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyCorporation’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant the Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant the Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the restrictions in Section 6(a) of this Agreement (the “Protective Covenants Covenants”) will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Executive understands and agrees that if he/she Executive violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictioneffectiveness of the Protective Covenants. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the restrictions in Section 4 of this Agreement (the “Protective Covenants Covenants”) will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Covenants, the Company Pier 1 Imports shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company Pier 1 Imports and that money damages would not provide an adequate remedy to the CompanyPier 1 Imports. Participant Executive understands and agrees that if he/she Executive violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictioneffectiveness of the Protective Covenants. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Pier 1 Imports at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneysPier 1 Imports’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the restrictions in Section 6 of this Agreement (the “Protective Covenants Covenants”) will be inadequate, and that in the event Participant Grantee breaches, or threatens to breach, any of the Protective Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Grantee from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Grantee understands and agrees that if he/she Grantee violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictioneffectiveness of the Protective Covenants. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Grantee shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Grantee based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant breaches, or threatens to breach, Executive breaches any of the Protective Restrictive Covenants, the Company Bank shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Bank and that money damages would not provide an adequate remedy to the CompanyBank. Participant Executive understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated Restricted Non-Compete Period and Restricted Non-Solicit Period, as applicable, shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictionRestricted Non-Compete Period and Restricted Non-Solicit Period, as applicable. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Bank at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyBank’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Employee breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Employee from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Group and that money damages would not provide an adequate remedy to the Company. Participant Employee understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant Employee understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant Employee its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Employee shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Employee based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant breaches, or threatens to breach, Executive breaches any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Executive understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated Restricted Period shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictionRestricted Period. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant understands The Company and agrees Executive understand and agree that, if the Parties parties become involved in legal action regarding the enforcement of the Protective Covenants and if Restrictive Covenants, the Company prevails prevailing party in such legal action, the Company action will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing or defending action with respect to such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant the Executive breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant the Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant The Executive understands and agrees that if he/she Executive violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant The Executive understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant the Executive its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant the Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant the Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Employee breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company CBS shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Employee from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company CBS and that money damages would not provide an adequate remedy to the CompanyCBS. Participant Employee understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company CBS at law or in equity. Participant Employee understands and agrees that, if the Parties parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company CBS prevails in such legal action, the Company CBS will be entitled, in addition to any other remedy, to recover from Participant Employee its reasonable costs and attorneys’ ' fees incurred in enforcing such covenants. The Company’s CBS's ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Employee shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Employee based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant breaches, or threatens to breach, Executive breaches any of the Protective Restrictive Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant Executive understands and agrees that if he/she he materially violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated Restricted Period shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictionRestricted Period. If Employer does not substantially prevail in such litigation, the Restricted Period shall be deemed to have continued to run during the litigation. Such rights lights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyEmployer’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part pan of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.. LEGAL02/43756981v3

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Executive understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant Executive understands and agrees that, if the Parties parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant Executive its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.. (ii)

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Covenants will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant Executive understands and agrees that if he/she he violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Companyequity Employer’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.. Executive Initials: /s/ THF Employer Initials: /s/ EPL

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the restrictions in Section 4 of this Agreement (the “Protective Covenants Covenants”) will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Covenants, the Company Pier 1 Imports shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company Pier 1 Imports and that money damages would not provide an adequate remedy to the CompanyPier 1 Imports. Participant Executive understands and agrees that if he/she violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictioneffectiveness of the Protective Covenants. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Pier 1 Imports at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneysPier 1 Imports’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Employee breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company CBS shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Employee from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company CBS and that money damages would not provide an adequate remedy to the CompanyCBS. Participant Employee understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company CBS at law or in equity. Participant Employee understands and agrees that, if the Parties parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company CBS prevails in such legal action, the Company CBS will be entitled, in addition to any other remedy, to recover from Participant Employee its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyCBS’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Employee shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Employee based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Covenants will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Executive understands and agrees that if he/she he violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant understands and agrees The parties agree that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal actionCovenants, the Company prevailing party will be entitled, in addition to any other remedy, entitled to recover from Participant the other party its reasonable costs and attorneys’ fees incurred in enforcing connection with such covenantslitigation regarding the Protective Covenants. The Company’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Xxxxxx Xxxxxxx Separation Agreement (FINAL) Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the restrictions in Section 5 of this Agreement (the “Protective Covenants Covenants”) will be inadequate, and that in the event Participant Grantee breaches, or threatens to breach, any of the Protective Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Grantee from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Grantee understands and agrees that if he/she Grantee violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictioneffectiveness of the Protective Covenants. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Grantee shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Grantee based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Executive understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant Executive understands and agrees that, if the Parties parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant Executive its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.. Change of Control Agreement

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Covenants will be inadequate, and that in the event Participant Employee breaches, or threatens to breach, any of the Protective Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Employee from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant Employee understands and agrees that if he/she Employee violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation Exhibit 10.12 over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Companyequity Employer’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Employee shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Employee based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Covenants will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant Executive understands and agrees that if he/she Executive violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Companyequity Employer’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Covenants provisions contained in Sections 17 through 19 of this Agreement (the “Restrictive Covenants”) will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdictionjurisdiction or an arbitrator, as applicable, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Executive understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant Executive understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant Executive its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant breaches, or threatens to breach, Executive breaches any of the Protective Restrictive Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant Executive understands and agrees that if he/she he materially violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated Restricted Period shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictionRestricted Period. If Employer does not substantially prevail in such litigation, the Restricted Period shall be deemed to have continued to run during the litigation. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyEmployer’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.. (ii)

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Employee breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant permanently Employee from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Employee understands and agrees that if he/she violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Employee shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Employee based on, or arising out of, this Agreement or any other event or transaction, except that should the Company fail to meet its obligation to pay any required Severance Amounts to or on behalf of Employee pursuant to Section 5(a), Employee shall be relieved of the Restrictive Covenants set forth in Section 6(d) (Non-Competition), Section 6(e) (Non-Solicitation of Protected Customers) and Section 6(f) (Non-Recruitment of Employees).

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Employee breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company CBS shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Employee from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company CBS and that money damages would not provide an adequate remedy to the CompanyCBS. Participant Employee understands and agrees that if he/she violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company CBS at law or in equity. Participant Employee understands and agrees that, if the Parties parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company CBS prevails in such legal action, the Company CBS will be entitled, in addition to any other remedy, to recover from Participant Employee its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyCBS’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Employee shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Employee based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Unitholder breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company Buyer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Unitholder from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to Buyer and the Company and that money damages would not provide an adequate remedy to Buyer or the Company. Participant Unitholder understands and agrees that if he/she violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to Buyer or the Company at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyBuyer’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Unitholder shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Unitholder based on, or arising out of, this Agreement or any other event or transaction, except that should Buyer fail to meet its obligations to pay any Deferred Premium Payment or Earn-Out Payment (as such terms are defined in the Merger Agreement) required to be paid to Unitholder pursuant to the Merger Agreement, then Unitholder shall be relieved of his/her obligations set forth in Section 1(d) (Non-Competition), Section 1(e) (Non-Solicitation of Protected Customers) and Section 1(f) (Non-Recruitment of Employees).

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Associate breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the CONFIDENTIAL WAIVER AND RELEASE AGREEMENT necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Associate from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Associate understands and agrees that if he/she Associate violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant Associate understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, that the Company will be entitled, in addition to any other remedy, to recover from Participant Associate its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Covenants or applicable law against Participant shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Covenants will be inadequate, and that in the event Participant Employee breaches, or threatens to breach, any of the Protective Covenants, the Company Southside shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Employee from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company Southside and that money damages would not provide an adequate remedy to the CompanySouthside. Participant Employee understands and agrees that if he/she he violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Southside at law or in equity. Participant Employee understands and agrees that, that if the Parties parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal actionCovenants, the Company prevailing party will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenantsaction from the other party. The CompanySouthside’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Employee shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Employee based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant breaches, or threatens to breach, Executive breaches any of the Protective Restrictive Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant Executive understands and agrees that if he/she materially violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated Restricted Period shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictionRestricted Period. If Employer does not substantially prevail in such litigation, the Restricted Period shall be deemed to have continued to run during the litigation. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyEmployer’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant breaches, or threatens to breach, Executive breaches any of the Protective Restrictive Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant Executive understands and agrees that if he/she he materially violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated Restricted Period shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictionRestricted Period. If Employer does not substantially prevail in such litigation, the Restricted Period shall be deemed to have continued to run during the litigation. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyEmployer’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.. (j)

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant breaches, or threatens to breach, Executive breaches any of the Protective Restrictive Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant Executive understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated Restricted Period shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictionRestricted Period. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands The Parties understand and agrees agree that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if Restrictive Covenants, the Company prevails prevailing Party or Parties in such legal action, the Company action will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing or defending action with respect to such covenants. The CompanyEmployer’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant breaches, or threatens to breach, Executive breaches any of the Protective Restrictive Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant Executive understands and agrees that if he/she materially violates any of the obligations set forth Bank in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated Restricted Period shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictionRestricted Period. If Employer does not substantially prevail in such litigation, the Restricted Period shall be deemed to have continued to run during the litigation. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyEmployer’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Feehan breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Xxxxxx from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Xxxxxx understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant Xxxxxx understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant Feehan its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Xxxxxx shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Feehan based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge Executive acknowledges and agree agrees that the remedy at law for any his breach of any provision of this Section 6 (the Protective Covenants will be inadequate“Restrictive Covenants”) would result in irreparable injury and damage for which money damages do not provide an adequate remedy. Therefore, and that in the event Participant breaches, if Executive breaches or threatens to breach, commit a breach of any of the Protective CovenantsRestrictive Covenant, the Company shall have the right following rights and remedyremedies (in accordance with applicable law and upon compliance with any necessary prerequisites imposed by law upon the availability of such remedies), without the necessity each of proving actual damage or posting any bond, to enjoin, preliminarily which rights and permanently, Participant from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach remedies shall be independent of the Protective Covenants would cause irreparable injury to the Company other and that money damages would not provide an adequate remedy to the Company. Participant understands severally enforceable, and agrees that if he/she violates any all of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights which right and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at under law or in equity. Participant understands equity (including, without limitation, the recovery of damages): (a) to have the Restrictive Covenants specifically enforced (without posting bond and agrees thatwithout the need to prove damages) by any court having jurisdiction, including, without limitation, the right to seek an entry against Executive of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) 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 that is not yet earned and accrued under this Agreement (whether it be in the form of Annual Salary, expenses or other 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 (i) the Parties become involved in legal Company files a civil action regarding the enforcement against Executive based on his alleged breach of the Protective Covenants Restrictive Covenants, and if (ii) the Company prevails in obtains preliminary injunctive relief enjoining the Executive from breaching any of the Restrictive Covenants, or a court of competent jurisdiction 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 breached any of the Restrictive 6 Covenants, then the Executive shall promptly repay to the Company any such legal action, payments he previously received pursuant to Sections 5.3(b) and (c) above and the Company will be entitledhave no obligation to pay any of the amounts that remain payable by the Company under Sections 5.3(b) and (c). If, in addition to any other remedyhowever, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The a court of competent jurisdiction either denies the Company’s ability motion, request or application for preliminary injunctive relief or issues a final judgment (not subject to enforce its rights under appeal, which shall include any order or judgment that finally disposes of the Protective Covenants or applicable law against Participant action) that the Executive has not breached any of the Restrictive Covenants, then Executive shall not be impaired in obligated to repay, and the Company shall not be entitled to recoup, any way by of the existence of a claim or cause of action on payments made to the part of Participant based on, or arising out of, this Agreement or any other event or transaction.Executive pursuant to Sections 5.3(b) and (c). 6.4

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Covenants will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Executive understands and agrees that if he/she violates he is found by a court of competent jurisdiction to have violated any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant Executive understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company prevailing party will be entitled, in addition to any other remedy, to recover from Participant the other party its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant breaches, or threatens to breach, Executive breaches any of the Protective Restrictive Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant LEGAL02/43780275v2 Executive understands and agrees that if he/she he materially violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated Restricted Period shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictionRestricted Period. If Employer does not substantially prevail in such litigation, the Restricted Period shall be deemed to have continued to run during the litigation. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyEmployer’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant breaches, or threatens to breach, Executive breaches any of the Protective Restrictive Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company Employer and that LEGAL02/43756821v3 money damages would not provide an adequate remedy to the CompanyEmployer. Participant Executive understands and agrees that if he/she he materially violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated Restricted Period shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictionRestricted Period. If Employer does not substantially prevail in such litigation, the Restricted Period shall be deemed to have continued to run during the litigation. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The CompanyEmployer’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Restrictive Covenants will be inadequate, and that in the event Participant Feehan breaches, or threatens to breach, any of the Protective Restrictive Covenants, the Company shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Feehan from violating or threatening to violate the Protective Restrictive Covenants and to have the Protective Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company. Participant Feehan understands and agrees that if he/she he violates any of the obligations set forth in the Protective Restrictive Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Participant Feehan understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Restrictive Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant Feehan its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Restrictive Covenants or applicable law against Participant Feehan shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Feehan based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties specifically acknowledge and agree that the remedy at law for any breach of the restrictions in Section 4 of this Agreement (the “Protective Covenants Covenants”) will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Covenants, the Company Pier 1 Imports shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company Pier 1 Imports and that money damages would not provide an adequate remedy to the CompanyPier 1 Imports. Participant Executive understands and agrees that if he/she violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of any litigation over such violation, provided that such litigation was initiated during the period of restrictioneffectiveness of the Protective Covenants. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Pier 1 Imports at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneysPier 1 Imports’ fees incurred in enforcing such covenants. The Company’s ability to enforce its rights under the Protective Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.

Rights and Remedies Upon Breach. The parties Parties specifically acknowledge and agree that the remedy at law for any breach of the Protective Covenants will be inadequate, and that in the event Participant Executive breaches, or threatens to breach, any of the Protective Covenants, the Company Employer shall have the right and remedy, without the necessity of proving actual damage or posting any bond, to enjoin, preliminarily and permanently, Participant Executive from violating or threatening to violate the Protective Covenants and to have the Protective Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Protective Covenants would cause irreparable injury to the Company Employer and that money damages would not provide an adequate remedy to the CompanyEmployer. Participant Executive understands and agrees that if he/she he violates any of the obligations set forth in the Protective Covenants, the period of restriction applicable to each obligation violated shall cease to run during the pendency of Exhibit 10.1 any litigation over such violation, provided that such litigation was initiated during the period of restriction. Such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company Employer at law or in equity. Participant understands and agrees that, if the Parties become involved in legal action regarding the enforcement of the Protective Covenants and if the Company prevails in such legal action, the Company will be entitled, in addition to any other remedy, to recover from Participant its reasonable costs and attorneys’ fees incurred in enforcing such covenants. The Company’s equity Employer's ability to enforce its rights under the Protective Covenants or applicable law against Participant Executive shall not be impaired in any way by the existence of a claim or cause of action on the part of Participant Executive based on, or arising out of, this Agreement or any other event or transaction.