Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 8: (i) the covenants contained in paragraph (i) and (ii) of Section 8(a) shall apply within all the territories in which Company is actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited; (ii) without limiting the right of Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 8, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate Company for any such violation and that Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof; (iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and (iv) the covenants contained in this Section 8 shall survive the conclusion of Executive's employment by Company.
Appears in 5 contracts
Samples: Employment Agreement (Saks Inc), Employment Agreement (Saks Inc), Employment Agreement (Saks Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 8Sections 4.1 and 4.2:
(ia) the covenants contained in paragraph paragraphs (ia) and (iib) of Section 8(a) 5. shall apply within all the territories in which Company is any of the Companies are actively engaged in the conduct of business while Executive is employed under during the term of this Agreement, including, without limitation, the territories in which customers are then being solicited;
(iib) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 8Sections 4.1 and 4.2, it is expressly agreed by Executive and the Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iiic) each party intends and agrees that if, if in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8, Sections 4.1 and 4.2 any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(ivd) the covenants contained in this Section 8 Sections 4.1 and 4.2 shall survive the conclusion of Executive's employment Employment by the Company.
Appears in 4 contracts
Samples: Employment Agreement (First Commonwealth Inc), Employment Agreement (First Commonwealth Inc), Employment Agreement (First Commonwealth Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 8paragraph 13:
(i) the covenants contained in paragraph paragraphs (i) and (ii) of Section 8(aparagraph 13(a) shall apply within all the United States, Canada and Mexico, plus any territories in which Company is actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 8paragraph 13, it is expressly agreed by Executive and the Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8paragraph 13, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 shall survive the conclusion of Executive's employment by Company.
Appears in 4 contracts
Samples: Employment Agreement (Harrahs Entertainment Inc), Employment Agreement (Harrahs Entertainment Inc), Employment Agreement (Harrahs Entertainment Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 89:
(i) the covenants contained in paragraph (i) and (ii) of Section 8(a9(a) shall apply within all the territories in which Company is or its affiliates or subsidiaries are actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 89, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate Company for any such violation and that Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;; provided, however, Company shall be entitled to injunctive
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 89, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 9 shall survive the conclusion of Executive's employment by Company.
Appears in 4 contracts
Samples: Employment Agreement (Saks Inc), Employment Agreement (Saks Inc), Employment Agreement (Saks Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of the Executive contained in this Section 8Section:
(i) the covenants contained set forth in paragraph (iSections 7(a)(i) and (ii) of Section 8(a7(a)(ii) shall apply within all the territories in which the Company is actively engaged in the conduct of business while Executive is employed under this Agreementduring the Employment Period, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in Sections 7(a) and 7(b), including the cessation and recovery of payments and benefits paid and provided under this Section 8Agreement, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, if in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8, Sections 7(a) and 7(b) any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 Sections 7(a) and 7(b) shall survive the conclusion of the Executive's employment by the Company.
Appears in 3 contracts
Samples: Employment Agreement (True North Communications Inc), Employment Agreement (True North Communications Inc), Employment Agreement (True North Communications Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of the Executive contained in this Section 8Paragraph 14:
(i) the covenants contained in paragraph paragraphs (i) and (ii) of Section 8(aParagraph 14.(a) shall apply within all the United States, Canada and Mexico, plus any territories in which Company is actively engaged in the conduct of business while the Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in this Section 8Paragraph 14., it is expressly agreed by the Executive and the Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8Paragraph 14., any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 shall survive the conclusion of Executive's employment by Company.
Appears in 3 contracts
Samples: Employment Agreement (Harrahs Entertainment Inc), Employment Agreement (Harrahs Entertainment Inc), Employment Agreement (Harrahs Entertainment Inc)
Scope of Covenants; Remedies. The following provisions shall ---------------------------- apply to the covenants of the Executive contained in this Section 8Section:
(i1) the covenants contained covered in paragraph (iSection 7(a)(1) and (ii) of Section 8(a7(a)(2) shall apply within all the territories in which Company any of the True North Group is actively engaged in the conduct of business while Executive is employed under this Agreementduring the Employment Period, including, without limitation, the territories in which customers are then being solicited;
(ii2) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in Sections 7(a) and 7(b), including the cessation and recovery of payments and benefits paid and provided under this Section 8Agreement, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii3) each party intends and agrees that if, if in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8, Sections 7(a) and 7(b) any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv4) the covenants contained in this Section 8 Sections 7(a) and 7(b) shall survive the conclusion of the Executive's employment by the Company.
Appears in 2 contracts
Samples: Employment Agreement (True North Communications Inc), Employment Agreement (True North Communications Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of the Executive contained in this Section 8Sections 4.01 and 4.02:
(iA) the covenants contained in paragraph paragraphs (iA) and (iiB) of Section 8(a) 4.01 shall apply throughout the United States and within all the other territories in which Company is any of the Companies are actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, during the territories in which customers are then being solicitedEmployment Period;
(iiB) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in this Section 8Sections 4.01 and 4.02, it is expressly agreed by the Executive and the Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iiiC) each party intends and agrees that if, if in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8, Sections 4.01 and 4.02 any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(ivD) except as otherwise expressly provided, the covenants contained in this Section 8 Sections 4.01 and 4.02 shall survive the conclusion of the Executive's employment by the Company.
Appears in 2 contracts
Samples: Executive Employment Agreement (Board of Trade of the City of Chicago Inc), Executive Employment Agreement (Board of Trade of the City of Chicago Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 8:
(i) the covenants contained in paragraph (i) and (ii) of Section 8(a) shall apply within all the territories in which Company is actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 8, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate Company for any such violation and that Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 shall survive the conclusion of Executive's ’s employment by Company.
Appears in 2 contracts
Samples: Employment Agreement (Saks Inc), Employment Agreement (Saks Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of the Executive contained in this Section 8Sections 14 and 15:
(ia) the covenants contained in paragraph subparagraphs (ia) and (iib) of Section 8(a) 14 shall apply within all the territories in which the Company is actively engaged in the conduct of business while Executive is employed under this Agreementduring the Term, including, without limitation, the territories in which customers are then being solicited;
(iib) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in this Section 8Sections 14 and 15, it is expressly agreed by the Executive and the Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iiic) each party intends and agrees that if, if in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8, Sections 14 and 15 any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(ivd) the covenants contained in this Section 8 Sections 14 and 15 shall survive the conclusion of the Executive's employment by the Company.
Appears in 1 contract
Samples: Employment Agreement (Magnetek Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 8Sections 6 and 7 hereof:
(ia) the The covenants contained in paragraph (iSections 6(a) and (ii) of Section 8(a6(b) shall apply within all the territories in which Company is actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicitedNew York City area;
(iib) without Without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 8Sections 6 and 7 hereof, it is expressly agreed by Executive and the Company that such other remedies cannot fully compensate the Company for any any-such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iiic) each Each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8sections 6 and 7 hereof, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and;
(ivd) the The covenants contained in this Section 8 Sections 6 and 7 hereof shall survive the conclusion of Executive's employment by Companythe Employment Period.
Appears in 1 contract
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 8paragraph 14:
(i) the covenants contained in paragraph paragraphs (i) and (ii) of Section 8(aparagraph 14(a) shall apply within all the United States, Canada and Mexico, plus any territories in which Company is actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 8paragraph 14, it is expressly agreed by Executive and the Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8paragraph 14, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 shall survive the conclusion of Executive's employment by Company.
Appears in 1 contract
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 89:
(i) the covenants contained in paragraph (i) and (ii) of Section 8(a9(a) shall apply within all the territories in which Company is or its affiliates or subsidiaries are actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 89, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate Company for any such violation and that Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 89, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 9 shall survive the conclusion of Executive's employment by Company.
Appears in 1 contract
Samples: Employment Agreement (Proffitts Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 8:
(i) the covenants contained in paragraph (i) and (ii) of Section 8(a) shall apply within all the territories in which Company is or its affiliates or subsidiaries are actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 8, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate Company for any such violation and that Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 shall survive the conclusion of Executive's employment by Company.
Appears in 1 contract
Samples: Employment Agreement (Saks Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of the Executive contained in this Section 8Paragraph 12.:
(i) the covenants contained in paragraph paragraphs (i) and (ii) of Section 8(aParagraph 12.
(a) shall apply within all the United States, Canada and Mexico, plus any territories in which Company is actively engaged in the conduct of business while the Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in this Section 8Paragraph 12., it is expressly agreed by the Executive and the Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8Paragraph 12., any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 Paragraph 12. shall survive the conclusion of Executive's employment by with the Company.
Appears in 1 contract
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 8Paragraph 13:
(i) the covenants contained in paragraph Paragraphs (i) and (ii) of Section 8(aParagraph 13(a) shall apply within all the United States, Canada and Mexico, plus any territories in which Company is actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 8Paragraph 13, it is expressly agreed by Executive and the Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8Paragraph 13, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 shall survive the conclusion of Executive's employment by Company.
Appears in 1 contract
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of the Executive contained in this Section 8Paragraph 14.:
(i) the covenants contained in paragraph paragraphs (i) and (ii) of Section 8(aParagraph 14.(a) shall apply within all the United States, Canada and Mexico, plus any territories in which Company is actively engaged in the conduct of business while the Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in this Section 8Paragraph 14., it is expressly agreed by the Executive and the Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8Paragraph 14., any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 Paragraph 14. shall survive the conclusion of Executive's employment by with the Company.
Appears in 1 contract
Scope of Covenants; Remedies. The following provisions shall ---------------------------- apply to the covenants of the Executive contained in this Section 8Section:
(i1) the covenants contained covered in paragraph (iSection 7(a)(1) and (ii) of Section 8(a7(a)(2) shall apply within all the territories in which Company any of the True North Group is actively engaged in the conduct of business while Executive is employed under this Agreementduring the Full-Time Employment Period, including, without limitation, the territories in which customers are then being solicited;
(ii2) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in this Section 8Sections 7(a) and 7(b), it is expressly agreed by Executive and Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii3) each party intends and agrees that if, if in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8, Sections 7(a) and 7(b) any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv4) the covenants contained in this Section 8 Sections 7(a) and 7(b) shall survive the conclusion of the Executive's employment by the Company.
Appears in 1 contract
Samples: Employment Agreement (True North Communications Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of the Executive contained in this Section 8Section:
(i1) the covenants contained covered in paragraph (iSection 7(a)(1) and (ii) of Section 8(a7(a)(2) shall apply within all the territories in which the Company is actively engaged in the conduct of business while Executive is employed under this Agreementduring the Employment Period, including, without limitation, the territories in which customers are then being solicited;
(ii2) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in Sections 7(a) and 7(b), including the cessation and recovery of payments and benefits paid and provided under this Section 8Agreement, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii3) each party intends and agrees that if, if in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8, Sections 7(a) and 7(b) any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv4) the covenants contained in this Section 8 Sections 7(a) and 7(b) shall survive the conclusion of the Executive's employment by the Company.
Appears in 1 contract
Samples: Employment Agreement (True North Communications Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 810:
(i) the covenants contained in paragraph (i) and (ii) of Section 8(a10(a) shall apply within all the territories in which Company is actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 810, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate Company for any such violation and that Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 810, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 10 shall survive the conclusion of Executive's employment by Company.
Appears in 1 contract
Samples: Employment Agreement (Proffitts Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 85.01 and 5.02:
(i) the A. The covenants contained in paragraph paragraphs (iA) and (iiB) of Section 8(a) 5.01 shall apply within all the territories in which Company is any of Companies are actively engaged in the conduct of business while Executive is employed under this Agreementduring the Employment Period, including, without limitation, the territories in which customers are then being solicited;
(ii) without B. Without limiting the right of Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 8Sections 5.01 and 5.02, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate Company for any such violation and that Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;.
(iii) each C. Each party intends and agrees that if, if in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8Sections 5.01 and 5.02, any term, restriction, covenant covenant, or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant covenant, or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and,
(iv) the D. The covenants contained in this Section 8 Sections 5.01 and 5.02 shall survive the conclusion of Executive's ’s employment by Company.
Appears in 1 contract
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 85:
(i) the covenants contained in paragraph (i) and (ii) of Section 8(a) shall apply within all 5(a)shall be limited to the territories markets in which Company is or its subsidiaries are actively engaged in the conduct of a luxury retail business while Executive is employed under this Agreement, including, without limitation, at the territories in which customers are then being solicitedtime of Executive's termination of employment;
(ii) without limiting the right of Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 85, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate Company for any such violation and that Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;.
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 85, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 5 shall survive the conclusion of Executive's employment by Company.
Appears in 1 contract
Samples: Employment Agreement (Proffitts Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 89:
(i) the covenants contained in paragraph (i) and (ii) of Section 8(a9(a) shall apply within all the territories in which Company is actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 89, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate fullycompensate Company for any such violation and that Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 89, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 9 shall survive the conclusion of Executive's employment by Company.
Appears in 1 contract
Samples: Employment Agreement (Proffitts Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of the Executive contained in this Section 8Section:
(i1) the covenants contained covered in paragraph (iSection 7(a)(1) and (ii) of Section 8(a7(a)(2) shall apply within all the territories in which Company any of the True North Group is actively engaged in the conduct of business while Executive is employed under this Agreementduring the Employment Period, including, without limitation, the territories in which customers are then being solicited;
(ii2) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in Sections 7(a) and 7(b), including the cessation and recovery of payments and benefits paid and provided under this Section 8Agreement, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii3) each party intends and agrees that if, if in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8, Sections 7(a) and 7(b) any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv4) the covenants contained in this Section 8 Sections 7(a) and 7(b) shall survive the conclusion of the Executive's employment by the Company.
Appears in 1 contract
Samples: Employment Agreement (True North Communications Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 8:14 and 15 hereof;
(ia) the The covenants contained in paragraph (iSections 14(a) and (ii) of Section 8(a14(b) shall apply within all the territories in which Company is any of the Companies are actively engaged in the conduct of business while Executive is employed under this Agreement, during the Employment Period including, without limitation, the territories in which customers are then being solicited;
(iib) without Without limiting the right of Company CVI to pursue all other legal and equitable remedies available for violation by Executive the Employee of the covenants contained in this Section 8Sections 14 and 15 hereof, it is expressly agreed by Executive the Employee and Company CVI that such other remedies cannot fully compensate Company CVI for any such violation and that Company CVI shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iiic) each Each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8Sections 14 and 15 hereof, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(ivd) the The covenants contained in this Section 8 Sections 14 and 15 shall survive the conclusion of Executive's employment by Companythe Employment Period.
Appears in 1 contract
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of the Executive contained in this Section 8Section:
(i1) the covenants contained covered in paragraph (iSection 7(a)(1) and (ii) of Section 8(a7(a)(2) shall apply within all the territories in which Company any of the True North Group is actively engaged in the conduct of business while Executive is employed under this Agreementduring the Full-Time Employment Period, including, without limitation, the territories in which customers are then being solicited;
(ii2) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in this Section 8Sections 7(a) and 7(b), it is expressly agreed by Executive and Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii3) each party intends and agrees that if, if in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8, Sections 7(a) and 7(b) any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv4) the covenants contained in this Section 8 Sections 7(a) and 7(b) shall survive the conclusion of the Executive's employment by the Company.
Appears in 1 contract
Samples: Employment Agreement (True North Communications Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of the Executive contained in this Section 8Paragraph 13:
(i) the covenants contained in paragraph paragraphs (i) and (ii) of Section 8(aParagraph 13.(a) shall apply within all the United States, Canada and Mexico, plus any territories in which Company is actively engaged in the conduct of business while the Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of the Company to pursue all other legal and equitable remedies available for violation by the Executive of the covenants contained in this Section 8Paragraph 13., it is expressly agreed by the Executive and the Company that such other remedies cannot fully compensate the Company for any such violation and that the Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 8Paragraph 13., any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 shall survive the conclusion of Executive's employment by Company.
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Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 89:
(i) the covenants contained in paragraph (i) and (ii) of Section 8(a) shall apply within all the territories in which Company is actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 89, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate Company for any such violation and that Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;.
(iiiii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 89, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iviii) the covenants contained in this Section 8 9 shall survive the conclusion of Executive's employment by Company.
Appears in 1 contract
Samples: Employment Agreement (Proffitts Inc)
Scope of Covenants; Remedies. The following provisions shall apply to the covenants of Executive contained in this Section 86:
(i) the covenants contained in paragraph (i) and (ii) of Section 8(a6(a) shall apply within all the territories in which Company is or its affiliates or subsidiaries are actively engaged in the conduct of business while Executive is employed under this Agreement, including, without limitation, the territories in which customers are then being solicited;
(ii) without limiting the right of Company to pursue all other legal and equitable remedies available for violation by Executive of the covenants contained in this Section 86, it is expressly agreed by Executive and Company that such other remedies cannot fully compensate Company for any such violation and that Company shall be entitled to injunctive relief to prevent any such violation or any continuing violation thereof;
(iii) each party intends and agrees that if, in any action before any court or agency legally empowered to enforce the covenants contained in this Section 86, any term, restriction, covenant or promise contained therein is found to be unreasonable and accordingly unenforceable, then such term, restriction, covenant or promise shall be deemed modified to the extent necessary to make it enforceable by such court or agency; and
(iv) the covenants contained in this Section 8 6 shall survive the conclusion of Executive's ’s employment by Company.
Appears in 1 contract
Samples: Employment Agreement (Saks Inc)