Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to XStream as a result of a breach by the Employee of the covenants or agreements contained in this Article Four, and in view of the lack of an adequate remedy at law to protect XStream's interests, the Employee hereby covenants and agrees that XStream shall have the following additional rights and remedies in the event of a breach hereof:
(a) In addition to and not in limitation of any other rights, remedies or damages available to XStream, whether at law or in equity, it shall be entitled to a permanent injunction in order to prevent or to restrain any such breach by the Employee, or by the Employee's partners, agents, representatives, servants, employers, employees, affiliates and/or any and all persons directly or indirectly acting for or with him and the Employee hereby consents to the issuance of such a permanent injunction; and
(b) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which XStream may sustain prior to the effective enforcement of such injunction, the Employee hereby covenants and agrees to pay over to XStream, in the event the employee violates the covenants and agreements contained in Section 4.2 hereof, the greater of:
(1) Any payment or compensation of any kind received by the Employee or by persons affiliated with or acting for or with the Employee, because of such violation before the issuance of such injunction, or
(2) The sum of Ten Thousand ($10,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by XStream as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to XStream for any breach of the covenants and agreements contained in this Article Four, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect XStream from the injury caused by such breaches would be injunctive relief.
Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients as a result of a breach by Yankees of the covenants or agreements contained in this Article Three, and in view of the lack of an adequate remedy at law to protect the Client's interests, Yankees hereby covenants and agrees that the Client shall have the following additional rights and remedies in the event of a breach hereof:
(A) Yankees hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article Three; and
(B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients may sustain prior to the effective enforcement of such injunction, Yankees hereby covenants and agrees to pay over to the Client, in the event it violates the covenants and agreements contained in this Article Three, the greater of:
(1) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or
(2) The sum of One Thousand Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client for any breach of the covenants and agreements contained in this Article Three, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients from the injury caused by such breaches would be injunctive relief.
Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to AmeriNet as a result of a breach by Mr. Last Name of the covenants or agreements contained in this Article Four, and in view of the lack of an adequate remedy at law to protect AmeriNet's interests, Mr. Last Name hereby covenants and agrees that AmeriNet shall have the following additional rights and remedies in the event of a breach hereof:
(A) Mr. Last Name hereby consents to the issuance of a permanent injunction enjoining him from any violations of the covenants set forth in Section 4.1 hereof; and
(B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which AmeriNet may sustain prior to the effective enforcement of such injunction, Mr. Last Name hereby covenants and agrees to pay over to AmeriNet, in the event he violates the covenants and agreements contained in Section 4.2 hereof, the greater of:
(1) Any payment orcompensation of any kind received by him because of such violation before the issuance of such injunction, or
(2) The sum of One Thousand ($1,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by AmeriNet as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to AmeriNet for any breach of the covenants and agreements contained in this Article Four, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect AmeriNet from the injury caused by such breaches would be injunctive relief.
Special Remedies. (1) Where it is found that the Company (a) engaged in conduct which constitutes willful or repeated violations of this Section or (b) violated a cease and desist order previously issued by an arbitrator, the arbitrator shall fashion a remedy or penalty specifically designed to deter the Company’s behavior.
(2) With respect to any instance of the use of an Outside Entity, where it is found that notice or information was not provided as required under Paragraph 5 above, and that such failure was willful or repeated and deprived the Union of a reasonable opportunity to suggest and discuss practicable alternatives to the use of an Outside Entity, the arbitrator shall fashion a remedy which includes earnings and benefits to Employees who otherwise may have performed the work.
Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to Equity as a result of a breach by the Client of the covenants or agreements contained in this Article Four, and in view of the lack of an adequate remedy at law to protect Equity's interests, the Client hereby covenants and agrees that Equity shall have the following additional rights and remedies in the event of a breach hereof:
(A) The Client hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article Four is and
(B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which Equity may sustain prior to the effective enforcement of such injunction, the Client hereby covenants and agrees to pay over to Equity, in the event it violates the covenants and agreements contained in this Article Four, the greater of:
(1) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or
(2) The sum of One Thousand Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by Equity as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to Equity for any breach of the covenants and agreements contained in this Article Four, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect Equity from the injury caused by such breaches would be injunctive relief.
Special Remedies. Each of the Parties agrees that its failure to comply with the covenants and restrictions set out in section 4.6, Article 6, Article 8 or Article 9 would constitute an injury and cause damage to the other Party impossible to measure monetarily. Therefore, in the event of any such failure, the other Party will, in addition and without prejudice to any other rights and remedies that it may have at law or in equity, be entitled to injunctive relief restraining, enjoining or specifically enforcing the provisions of section 4.6, Article 6, Article 8 or Article 9, as the case may be, and any Party intending to breach or which breaches the provisions of section 4.6, Article 6, Article 8 or Article 9 hereby waives any defence it may have in law to such injunctive or equitable relief.
Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to Vista Vacation as a result of a breach by Xx. Xxxxxxxx of the covenants or agreements contained in this Article One, and in view of the lack of an adequate remedy at law to protect Vista Vacation 's interests, Xx. Xxxxxxxx hereby covenants and agrees that Vista Vacation shall have the following additional rights and remedies in the event of a breach hereof:
(a) Xx. Xxxxxxxx hereby consents to the issuance of a permanent injunction enjoining him from any violations of the covenants set forth in Section 1.1 hereof; and 434
(b) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which Vista Vacation may sustain prior to the effective enforcement of such injunction, Xx. Xxxxxxxx hereby covenants and agrees to pay over to Vista Vacation , in the event he violates the covenants and agreements contained in Section 1.2 hereof, the greater of:
(i) Any payment or compensation of any kind received by him because of such violation before the issuance of such injunction, or
(ii) The sum of One Thousand ($1,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by Vista Vacation as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to Vista Vacation for any breach of the covenants and agreements contained in this Article One, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect Vista Vacation from the injury caused by such breaches would be injunctive relief.
Special Remedies. Participating Provider acknowledges that if Participating Provider breaches any of the provisions of Sections C (5), E, I, or L, Avesis shall have incomplete and inadequate remedies at law. Therefore, Participating Provider expressly consents and agrees that Avesis may, in addition to any other available remedies, obtain an injunction and/or temporary restraining order to terminate or prevent the continuation of any such violation.
Special Remedies. I recognize that any breach by me of this Agreement will cause the Company irreparable harm that cannot be compensated adequately by an award of monetary damages. I agree that the Company may seek and obtain injunctive relief in addition to damages the Company may recover at law. If I violate one of the post-employment restrictions in this Agreement on which there is a specific time limitation, the time period for that restriction will be extended by one day for each day I am found to be in violation of it, up to a maximum extension of time equal in length to the original period of restriction, so as to give the Company the benefit of a period of forbearance by me that is equal to the original length of time provided for. All remedies for enforcement of this Agreement shall be cumulative and not exclusive. If a legal action becomes necessary for the Company to enforce this Agreement, the Company shall have the right to recover the reasonable attorneys’ fees and costs it incurs as a result of such action in the event it prevails in any such action.
Special Remedies. (1) Where it is found that the Company (a) engaged in conduct which constitutes willful or repeated violations of this Section or (b) violated a cease and desist order previously issued by the Board of Arbitration in connection with this Section F, the Board shall fashion a remedy or penalty specifically designed to deter the Company’s behavior.
(2) With respect to any instance of the use of an Outside Entity, where it is found that notice or information was not provided as required under Paragraph 5 above, and that such failure was willful or repeated and deprived the Union of a reasonable opportunity to suggest and discuss practicable alternatives to the use of an Outside Entity, the Board shall fashion a remedy which includes earnings and benefits to Employees who otherwise would have performed the work.
