Common use of Special Remedies Clause in Contracts

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.

Appears in 1 contract

Samples: Confidentiality Agreement (Amerinet Group Com Inc)

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Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to Vista Vacation AmeriNet as a result of a breach by Xx. Xxxxxxxx Xxx Xxxxx of the covenants or agreements contained in this Article OneFour, and in view of the lack of an adequate remedy at law to protect Vista Vacation AmeriNet's interests, Xx. Xxxxxxxx Xxx Xxxxx hereby covenants and agrees that Vista Vacation AmeriNet shall have the following additional rights and remedies in the event of a breach hereof: (a) Xx. Xxxxxxxx Xxx Xxxxx hereby consents to the issuance of a permanent injunction enjoining him from any violations of the covenants set forth in Section 1.1 4.1 hereof; and 434and (b) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which Vista Vacation AmeriNet may sustain prior to the effective enforcement of such injunction, Xx. Xxxxxxxx Xxx Xxxxx hereby covenants and agrees to pay over to Vista Vacation AmeriNet, in the event he violates the covenants and agreements contained in Section 1.2 4.2 hereof, the greater of:: 137 (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 AmeriNet 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 AmeriNet for any breach of the covenants and agreements contained in this Article OneFour, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect Vista Vacation AmeriNet from the injury caused by such breaches would be injunctive relief.

Appears in 1 contract

Samples: Employment Agreement (Amerinet Group Com Inc)

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 Xxxxxx 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 Xxxxxx 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 Xxxxxx 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 434426 (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 Xxxxxx 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.

Appears in 1 contract

Samples: Confidentiality Agreement (Amerinet Group Com Inc)

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to Vista Vacation AmeriNet as a result of a breach by Xx. Xxxxxxxx Xxxxxx of the covenants or agreements contained in this Article OneFour, and in view of the lack of an adequate remedy at law to protect Vista Vacation AmeriNet's interests, Xx. Xxxxxxxx Xxxxxx hereby covenants and agrees that Vista Vacation AmeriNet shall have the following additional rights and remedies in the event of a breach hereof: (a) Xx. Xxxxxxxx Xxxxxx hereby consents to the issuance of a permanent injunction enjoining him from any violations of the covenants set forth in Section 1.1 4.1 hereof; and 434and (b) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which Vista Vacation AmeriNet may sustain prior to the effective enforcement of such injunction, Xx. Xxxxxxxx Xxxxxx hereby covenants and agrees to pay over to Vista Vacation AmeriNet, in the event he violates the covenants and agreements contained in Section 1.2 4.2 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 AmeriNet 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 AmeriNet for any breach of the covenants and agreements contained in this Article OneFour, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect Vista Vacation AmeriNet from the injury caused by such breaches would be injunctive relief.

Appears in 1 contract

Samples: Employment Agreement (Amerinet Group Com Inc)

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 the Executive of the covenants or agreements contained in this Article OneFour, and in view of the lack of an adequate remedy at law to protect Vista Vacation Vista's interests, Xx. Xxxxxxxx the Executive 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 In addition to and not in limitation of any other rights, remedies or damages available to Vista, 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 Executive, or by the Executive's partners, agents, representatives, servants, employers, employees, affiliates and/or any and all persons directly or indirectly acting for or with him and the Executive hereby consents to the issuance of such a permanent injunction enjoining him from any violations of the covenants set forth in Section 1.1 hereofinjunction; and 434375 (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 the Executive hereby covenants and agrees to pay over to Vista Vacation Vista, in the event he violates the covenants and agreements contained in Section 1.2 4.2 hereof, the greater of: (i1) Any payment or compensation of any kind received by him the Executive or by persons affiliated with or acting for or with the Executive, because of such violation before the issuance of such injunction, or (ii2) 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 OneFour, 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.

Appears in 1 contract

Samples: Executive Employment Agreement (Amerinet Group Com Inc)

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to Vista Vacation AmeriNet as a result of a breach by Xx. Xxxxxxxx the Corporate Information Spokesperson of the covenants or agreements contained in this Article OneFour, and in view of the lack of an adequate remedy at law to protect Vista Vacation AmeriNet's interests, Xx. Xxxxxxxx the Corporate Information Spokesperson hereby covenants and agrees that Vista Vacation AmeriNet shall have the following additional rights and remedies in the event of a breach hereof: (aA) Xx. Xxxxxxxx The Corporate Information Spokesperson hereby consents to the issuance of a permanent injunction enjoining him from any violations of the covenants set forth in Section 1.1 4.1 hereof; and 434and (bB) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which Vista Vacation AmeriNet may sustain prior to the effective enforcement of such injunction, Xx. Xxxxxxxx the Corporate Information Spokesperson hereby covenants and agrees to pay over to Vista Vacation AmeriNet, in the event he violates the covenants and agreements contained in Section 1.2 4.2 hereof, the greater of: (i1) Any payment or compensation of any kind received by him because of such violation before the issuance of such injunction, or (ii2) 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 AmeriNet 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 AmeriNet for any breach of the covenants and agreements contained in this Article OneFour, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect Vista Vacation AmeriNet from the injury caused by such breaches would be injunctive relief.

Appears in 1 contract

Samples: Information Services Agreement (Fields Technologies Inc)

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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 the Executive of the covenants or agreements contained in this Article OneFour, and in view of the lack of an adequate remedy at law to protect Vista Vacation Vista's interests, Xx. Xxxxxxxx the Executive 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 In addition to and not in limitation of any other rights, remedies or damages available to Vista, 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 Executive, or by the Executive's partners, agents, representatives, servants, employers, employees, affiliates and/or any and all persons directly or indirectly acting for or with him and the Executive hereby consents to the issuance of such a permanent injunction enjoining him from any violations of the covenants set forth in Section 1.1 hereofinjunction; and 434and (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 the Executive hereby covenants and agrees to pay over to Vista Vacation Vista, in the event he violates the covenants and agreements contained in Section 1.2 4.2 hereof, the greater of: (i1) Any payment or compensation of any kind received by him the Executive or by persons affiliated with or acting for or with the Executive, because of such violation before the issuance of such injunction, or (ii2) 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 OneFour, 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.

Appears in 1 contract

Samples: Executive Employment Agreement (Amerinet Group Com Inc)

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 the Executive of the covenants or agreements contained in this Article OneFour, and in view of the lack of an adequate remedy at law to protect Vista Vacation Vista's interests, Xx. Xxxxxxxx the Executive 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 In addition to and not in limitation of any other rights, remedies or damages available to Vista, 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 Executive, or by the Executive's partners, agents, representatives, servants, employers, employees, affiliates and/or any and all persons directly or indirectly acting for or with him and the Executive hereby consents to the issuance of such a permanent injunction enjoining him from any violations of the covenants set forth in Section 1.1 hereofinjunction; and 434and (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 the Executive hereby covenants and agrees to pay over to Vista Vacation Vista, in the event he violates the covenants and agreements contained in Section 1.2 4.2 hereof, the greater of: (i1) Any payment or compensation of any kind received by him the Executive or by persons affiliated with or acting for or with the Executive, because of such violation before the issuance of such injunction, oror 397 (ii2) 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 OneFour, 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.

Appears in 1 contract

Samples: Executive Employment Agreement (Amerinet Group Com Inc)

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 the Executive of the covenants or agreements contained in this Article OneFour, and in view of the lack of an adequate remedy at law to protect Vista Vacation Vista's interests, Xx. Xxxxxxxx the Executive 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 In addition to and not in limitation of any other rights, remedies or damages available to Vista, 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 Executive, or by the Executive's partners, agents, representatives, servants, employers, employees, affiliates and/or any and all persons directly or indirectly acting for or with him and the Executive hereby consents to the issuance of such a permanent injunction enjoining him from any violations of the covenants set forth in Section 1.1 hereofinjunction; and 434and (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 the Executive hereby covenants and agrees to pay over to Vista Vacation Vista, in the event he violates the covenants and agreements contained in Section 1.2 4.2 hereof, the greater of: (i1) Any payment or compensation of any kind received by him the Executive or by persons affiliated with or acting for or with the Executive, because of such violation before the issuance of such injunction, or (ii2) 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, 386 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 OneFour, 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.

Appears in 1 contract

Samples: Executive Employment Agreement (Amerinet Group Com Inc)

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