Special Remedies and Enforcement. Seller recognizes and agrees that a breach by Seller of any of the covenants set forth in this Section 6.12 could cause irreparable harm to Buyer, that Buyer's remedies at Law in the event of such breach would be inadequate, and that, accordingly, in the event of such breach a restraining order or injunction or both may be issued against Seller, in addition to any other rights and remedies which are available to Buyer. If this Section 6.12 is more restrictive than permitted by the Laws of any jurisdiction in which Buyer seeks enforcement hereof, this Section 6.12 will be limited to the extent required to permit enforcement under such Laws. In particular, the parties intend that the covenants contained in the preceding portions of this Section 6.12 shall be construed as a series of separate covenants, one for each county and city specified. Except for geographic coverage, each such separate covenant will be deemed identical in terms. If, in any judicial proceeding, a court refuses to enforce any of the separate covenants deemed included in this Section 6.12, then such unenforceable covenant shall be deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforced.
Special Remedies and Enforcement. The parties agree that a breach by any Seller or any of the Selling Shareholders of any of the covenants set forth in this Section 5.2 could cause irreparable harm to Buyer, that Buyer’s remedies at law in the event of such breach would be inadequate, and that, accordingly, in the event of such breach, a restraining order or injunction or both may be issued against any Seller and/or any of the Selling Shareholders, in addition to any other rights and remedies that are available to Buyer. In connection with any such action or proceeding for injunctive relief, each Seller and each Selling Shareholder hereby waives the claim or defense that a remedy at law alone is adequate and agrees, to the maximum extent permitted by Law, to have each provision of this Section 5.2 specifically enforced against such Person and consents to the entry of injunctive relief against such Person enforcing or restraining any breach or threatened breach of this Section 5.2.
Special Remedies and Enforcement. Buyer and Seller recognize and agree that a breach by the other of them of any of the covenants set forth in Sections 5.1(a), (b) or (d) could cause irreparable harm, that remedies at law in the event of such breach would be inadequate, and that, accordingly, in the event of such breach a restraining order or injunction or both may be issued against the other party, in addition to any other rights and remedies which are available. If either of Sections 5.1(a), (b) or (d) is more restrictive than permitted by the Laws of the jurisdiction in which enforcement thereof is sought, such Sections shall be limited to the extent required to permit enforcement under such Laws. Without limiting the generality of the foregoing, the parties intend that the covenants contained in Sections 5.1(a), (b) and (d) shall be construed as a series of separate covenants, one for each state or jurisdiction referred to therein. Except for geographic coverage, each such separate covenant shall be deemed identical in terms. If, in any judicial proceeding, a court shall refuse to enforce any of the separate covenants deemed included in this Section 5.1, then such unenforceable covenant shall be deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforced.
Special Remedies and Enforcement. Each Seller recognizes and agrees that a breach by such Seller of any of the covenants set forth in this Section 6.4 could cause irreparable harm to Buyer, that Buyer’s remedies at Law in the event of such breach would be inadequate, and that, accordingly, in the event of such breach a restraining order or injunction or both may be issued against such Seller, in addition to any other rights and remedies which are available to Buyer. If this Section 6.4 is more restrictive than permitted by the Laws of the jurisdiction in which Buyer seeks enforcement hereof, this Section 6.4 shall be limited to the extent required to permit enforcement under such Laws. The applicable Restricted Period shall also be extended by the same amount of time that any Seller is in breach of any provision of this Section 6.4.
Special Remedies and Enforcement. Each Party recognizes and -------------------------------- agrees that a breach by one of the Parties ("Breaching Party"), of any of the covenants set forth in this Agreement could cause irreparable harm to the other Parties, that the Parties' remedies at law in the event of such breach would be inadequate, and that, accordingly, in the event of any such breach a restraining order or injunction or both may be issued against the Breaching Party in addition to any other rights and remedies which are available to the Parties. If this Section 7.2 is more restrictive than permitted by applicable law, this Section 7.2 shall be limited to the extent required by such law.
Special Remedies and Enforcement. Seller recognizes and agrees that a breach by Seller of any of the covenants set forth in this Section 7.1 could cause irreparable harm to Buyer, that Buyer's remedies at law in the event of such breach would be inadequate, and that, accordingly, in the event of such breach a restraining order or injunction or both may be issued against Seller, in addition to any other rights and remedies which are available to Buyer. If this Section 7.1 is more restrictive than permitted by the Laws of any jurisdiction in which Buyer seeks enforcement hereof, this Section 7.1 shall be limited to the extent required to permit enforcement under such Laws. In particular, the parties intend that the covenants contained in the preceding portions of this Section 7.1 shall be construed as a series of separate covenants, one for each county and city or other location in which Seller conducts business as of the Closing Date. Except for geographic coverage, each such separate covenant shall be deemed identical in terms. If, in any judicial proceeding, a court shall refuse to enforce any of the separate covenants deemed included in this paragraph, then such unenforceable covenant shall be deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforced.
Special Remedies and Enforcement. Each Seller Party recognizes and agrees that a breach or threatened breach by any Seller Party (or the Seller Parties acting collectively) of any of the Non-Competition Covenants could cause irreparable harm to PEI and its Affiliates, that PEI's remedies at law in the event of such breach or threatened breach would be inadequate, and that, accordingly, in the event of such breach or threatened breach a restraining order or injunction or both may be issued against the breaching Seller Party, in addition to any other rights and remedies which are available to PEI under law or in equity.
Special Remedies and Enforcement. Seller recognizes and agrees that a breach by Seller of any of the covenants set forth in this ARTICLE 9 could cause irreparable harm to Parent, that Parent’s remedies at Law in the event of such breach would be inadequate, and that, accordingly, in the event of such breach Parent may seek a restraining order or injunction or both against Seller, in addition to any other rights and remedies which are available to Parent. If this ARTICLE 9 is more restrictive than permitted by the Laws of the jurisdiction in which Parent seeks enforcement hereof, this ARTICLE 9 shall be limited to the extent required to permit enforcement under such Laws.
Special Remedies and Enforcement. The Stockholders recognize and agree that a breach by a Stockholder of any of the covenants set forth in this Section 5.1 could cause irreparable harm to AvTel, RLI and their respective successors, that AvTel's remedies at law in the event of such breach would be inadequate, and that, accordingly, in the event of such breach a restraining order or injunction or both may be issued against the breaching Stockholder, in addition to any other rights and remedies which are available to AvTel. If this Section 5.1 is more restrictive than permitted by the Laws of the jurisdiction in which AvTel seeks enforcement hereof, this Section 5.1 shall be limited to the extent required to permit enforcement under such Laws. Without limiting the generality of the foregoing, the parties intend that the covenants contained in the preceding portions of this Section 5.1 shall be construed as a series of separate covenants, one for each Location specified. Except for geographic coverage, each such separate covenant shall be deemed identical in terms. It is the desire and intent of the parties hereto that the provisions of this Section 5.1 shall be enforced to the fullest extent (both geographical and temporal) permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. If the final judgment of a court of competent jurisdiction declares that any term or provision of this Section 5.1 is invalid or unenforceable, the Parties agree that the court making the determination of invalidity or unenforceability shall have the power to reduce the scope, duration, or area of the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified. If any particular provision or portion of this Section 5.1 shall be adjudicated to be invalid or unenforceable, such adjudication shall apply only with respect to the operation of this Section 5.1 in the particular jurisdiction in which such adjudication is made.
Special Remedies and Enforcement. Parent and Seller agree with Purchaser that a breach by Parent, Seller or any of their Affiliates of any of the covenants set forth in this Section 6.7 could cause irreparable harm to Purchaser, that Purchaser's remedies at law in the event of such breach would be inadequate, and that, accordingly, in the event of such breach, a restraining order or injunction or both may be issued against Parent, Seller and any of their Affiliates, in addition to any other rights and remedies that are available to Purchaser. In connection with any such action or proceeding for injunctive relief, Parent and Seller each hereby waives the claim or defense that a remedy at law alone is adequate and agrees, to the maximum extent permitted by law, to have each provision of this Section 6.7 specifically enforced against Parent and Seller.
