Common use of Special Remedies Clause in Contracts

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 XStream EMPLOYER 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 XStreamEMPLOYER's interests, the Employee hereby covenants and agrees that XStream EMPLOYER 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 Available to XStreamEMPLOYER, 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 EMPLOYER may sustain prior to the effective enforcement of such injunction, the Employee hereby covenants and agrees to pay over to XStreamEMPLOYER, 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 Twenty Five Thousand ($10,000.0025,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by XStream EMPLOYER as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to XStream EMPLOYER 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 EMPLOYER 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 XStream 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 XStreamXstream's interests, the Employee hereby covenants and agrees that XStream 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 XStreamXstream, 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 Xstream may sustain prior to the effective enforcement of such injunction, the Employee hereby covenants and agrees to pay over to XStreamXstream, 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 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 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 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 XStream Trilogy as a result of a breach by the Employee Chief Executive Officer of the covenants or agreements contained in this Article Four, and in view of the lack of an adequate remedy at law to protect XStreamTrilogy's interests, the Employee Chief Executive Officer hereby covenants and agrees that XStream Trilogy shall have the following additional rights and remedies in the event of a breach hereof:: 190 (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 The Chief Executive Officer hereby consents to the issuance of such a permanent injunctioninjunction enjoining the Chief Executive Officer 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 XStream Trilogy may sustain prior to the effective enforcement of such injunction, the Employee Chief Executive Officer hereby covenants and agrees to pay over to XStreamTrilogy, in the event the employee Chief Executive Officer violates the covenants and agreements contained in Section 4.2 hereof, the greater of: (1i) Any payment or compensation of any kind received by the Employee or by persons affiliated with or acting for or with the Employee, Chief Executive Officer because of such violation before the issuance of such injunction, or (2ii) The sum of Ten One Thousand ($10,000.001,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by XStream Trilogy as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to XStream Trilogy 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 Trilogy 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 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 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 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: (aA) 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 (bB) 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 XStream AmeriCom 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 XStreamAmeriCom's interests, the Employee hereby covenants and agrees that XStream AmeriCom 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 XStreamAmeriCom, 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 AmeriCom may sustain prior to the effective enforcement of such injunction, the Employee hereby covenants and agrees to pay over to XStreamAmeriCom, 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 One Thousand ($10,000.001,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by XStream AmeriCom as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to XStream AmeriCom 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 AmeriCom 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 XStream Explorations as a result of a breach by the Employee Xx. Xxxxxxxxx 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 Explorations' interests, the Employee Xx. Xxxxxxxxx hereby covenants and agrees that XStream Explorations 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 Xx. Xxxxxxxxx hereby consents to the issuance of such a permanent injunctioninjunction 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 XStream Explorations may sustain prior to the effective enforcement of such injunction, the Employee Xx. Xxxxxxxxx hereby covenants and agrees to pay over to XStreamExplorations, in the event the employee he violates the covenants and agreements contained in Section 4.2 hereof, the greater of: (1i) Any payment or compensation of any kind received by the Employee or by persons affiliated with or acting for or with the Employee, him because of such violation before the issuance of such injunction, oror ------------------------------------------------------------------------------- Please Initial: Explorations: ____ Xx. Xxxxxxxxx: ____ (2ii) The sum of Ten One Thousand ($10,000.001,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by XStream Explorations as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to XStream Explorations 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 Explorations 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 XStream the Consolidated Corporation as a result of a breach by the Employee Senior Vice President of the covenants or agreements contained in this Article Four, and in view of the lack of an adequate remedy at law to protect XStreamthe Consolidated Corporation's interests, the Employee Senior Vice President hereby covenants and agrees that XStream the Consolidated Corporation 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 The Senior Vice President hereby consents to the issuance of such a permanent injunctioninjunction 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 XStream the Consolidated Corporation may sustain prior to the effective enforcement of such injunction, the Employee Senior Vice President hereby covenants and agrees to pay over to XStreamthe Consolidated Corporation, in the event the employee he violates the covenants and agreements contained in Section 4.2 hereof, the greater of: (1i) Any payment or compensation of any kind received by the Employee or by persons affiliated with or acting for or with the Employee, him because of such violation before the issuance of such injunction, oror 282 (2ii) The sum of Ten One Thousand ($10,000.001,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by XStream the Consolidated Corporation as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to XStream the Consolidated Corporation 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 the Consolidated Corporation 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 XStream Vista as a result of a breach by the Employee Independent Contractor of the covenants or agreements contained in this Article Four, and in view of the lack of an adequate remedy at law to protect XStreamVista's interests, the Employee Independent Contractor hereby covenants and agrees that XStream Vista 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 XStreamVista, 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 EmployeeIndependent Contractor, or by the EmployeeIndependent Contractor'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 Independent Contractor 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 Vista may sustain prior to the effective enforcement of such injunction, the Employee Independent Contractor hereby covenants and agrees to pay over to XStreamVista, in the event the employee he 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 Independent Contractor or by persons affiliated with or acting for or with the EmployeeIndependent Contractor, because of such violation before the issuance of such injunction, or (2) The sum of Ten One Thousand ($10,000.001,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by XStream Vista as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to XStream Vista 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 Vista 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 XStream 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 XStreamXstream's interests, the Employee hereby covenants and agrees that XStream 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 XStreamXstream, 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 Xstream may sustain prior to the effective enforcement of such injunction, the Employee hereby covenants and agrees to pay over to XStreamXstream, 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 Xstream as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended in tended as the exclusive remedy available to XStream 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 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 XStream 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 XStreamXstream's interests, the Employee hereby covenants and agrees that XStream 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 XStreamXstream, 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 Xstream may sustain prior to the effective enforcement of such injunction, the Employee hereby covenants and agrees to pay over to XStreamXstream, in the event the employee Please Initial: Xstream : ____ 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 Xstream as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended in tended as the exclusive remedy available to XStream 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 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 XStream Company 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 XStreamCompany's interests, the Employee hereby covenants and agrees that XStream Company 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 XStreamCompany, whether at law or in equity, it shall be entitled to a permanent injunction in order to prevent or to restrain torestrain 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 Company may sustain prior to the effective enforcement of such injunction, the Employee hereby covenants and agrees to pay over to XStreamCompany, 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 suns of Ten One Thousand ($10,000.001,000.00) Dollars per violation, which sum suns shall be liquidated damages, and not a penalty, for the injuries suffered by XStream Company as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy exclusiveremedy available to XStream Company 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 Company 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 XStream EMPLOYER 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 XStreamEMPLOYER's interests, the Employee hereby covenants and agrees that XStream EMPLOYER 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 XStreamEMPLOYER, 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 EMPLOYER may sustain prior to the effective enforcement of such injunction, the Employee hereby covenants and agrees to pay over to XStreamEMPLOYER, 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 Twenty Five Thousand ($10,000.0025,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by XStream EMPLOYER as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to XStream EMPLOYER 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 EMPLOYER 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 XStream Xxxxxxx as a result of a breach by the Employee Executive of the covenants or agreements contained in this Article Four, and in view of the lack of an adequate remedy at law to protect XStreamLorilei's interests, the Employee Executive hereby covenants and agrees that XStream Xxxxxxx 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 XStreamXxxxxxx, 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 EmployeeExecutive, or by the EmployeeExecutive'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 Executive 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 Xxxxxxx may sustain prior to the effective enforcement of such injunction, the Employee Executive hereby covenants and agrees to pay over to XStreamXxxxxxx, in the event the employee he 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 Executive or by persons affiliated with or acting for or with the EmployeeExecutive, because of such violation before the issuance of such injunction, or (2) The sum of Ten One Thousand ($10,000.001,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by XStream Xxxxxxx as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to XStream Xxxxxxx 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 Xxxxxxx 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 XStream Company 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 XStreamCompany's interests, the Employee hereby covenants and agrees that XStream Company 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 XStreamCompany, 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. 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 Company may sustain prior to the effective enforcement of such injunction, the Employee hereby covenants and agrees to pay over to XStreamCompany, 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 One Thousand ($10,000.001,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by XStream Company as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to XStream Company 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 Company 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 XStream the Consolidated Corporation as a result of a breach by the Employee Corporate Information Spokesperson of the covenants or agreements contained in this Article Four, and in view of the lack of an adequate remedy at law to protect XStreamthe Consolidated Corporation's interests, the Employee Corporate Information Spokesperson hereby covenants and agrees that XStream the Consolidated Corporation 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 The Corporate Information Spokesperson hereby consents to the issuance of such a permanent injunctioninjunction enjoining her 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 XStream the Consolidated Corporation may sustain prior to the effective enforcement of such injunction, 297 the Employee Corporate Information Spokesperson hereby covenants and agrees to pay over to XStreamthe Consolidated Corporation, in the event the employee she violates the covenants and agreements contained in Section 4.2 hereof, the greater of: (1i) Any payment or compensation of any kind received by the Employee or by persons affiliated with or acting for or with the Employee, her because of such violation before the issuance of such injunction, or (2ii) The sum of Ten One Thousand ($10,000.001,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by XStream the Consolidated Corporation as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to XStream the Consolidated Corporation 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 the Consolidated Corporation 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 XStream Company 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 XStreamCompany's interests, the Employee hereby covenants and agrees that XStream Company 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 XStreamCompany, 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 whichCompany may sustain Sustain prior to the effective enforcement of such injunction, the Employee hereby covenants and agrees to pay over to XStreamCompany, 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 One Thousand ($10,000.001,000.00) Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by XStream Company as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to XStream Company 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 Company from the injury caused by such breaches would be injunctive relief.