Common use of Specific Enforcement/Injunctive Relief Clause in Contracts

Specific Enforcement/Injunctive Relief. Employee agrees that it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but acknowledges that the potential for such damages would be great, incalculable and irremediable, and that monetary damages alone would be an inadequate remedy. Accordingly, Employee agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if Employee violates any such restrictive covenant, Employee agrees that the period of such violation shall be added to the term of the restriction. In determining the period of any violation, the Parties stipulate that in any calendar month in which Employee engages in any activity in violation of such provisions, Employee shall be deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provision. Employee acknowledges that the remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damages. Employee further agrees that the Company shall be entitled to an award of all costs and attorneys’ fees incurred by it in any attempt to enforce the terms of this Agreement.

Appears in 31 contracts

Samples: Separation and Release Agreement, Employment Agreement (Hill-Rom Holdings, Inc.), Employment Agreement (Hillenbrand, Inc.)

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Specific Enforcement/Injunctive Relief. Employee agrees that it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but acknowledges that the potential for such damages would be great, incalculable and irremediable, and that monetary damages alone would be an inadequate remedy. Accordingly, Employee agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if Employee violates any such restrictive covenant, Employee agrees that the period of such violation shall be added to the term of the restriction. In determining the period of any violation, the Parties stipulate that in any calendar month in which Employee engages in any activity in violation of such provisions, Employee shall be deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provision. Employee acknowledges that the remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damages. Employee further agrees that the Company shall be entitled to an award of all costs and attorneys' fees incurred by it in any attempt to enforce the terms of this Agreement.

Appears in 9 contracts

Samples: Employment Agreement (Hill-Rom Holdings, Inc.), Employment Agreement (Hill-Rom Holdings, Inc.), Employment Agreement (Hill-Rom Holdings, Inc.)

Specific Enforcement/Injunctive Relief. Employee The Executive agrees that it would be difficult to measure any damages to the Company from a any breach of the above-referenced restrictive covenantscovenants contained in Sections 14 through 17, but acknowledges that the potential for such damages from any breach would be great, incalculable and irremediable, and that monetary damages alone would be an inadequate remedy. Accordingly, Employee the Executive agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, may have specific performance of the terms of this Agreement in any court having jurisdictionpermitted by this Agreement. In addition, if Employee the Executive violates any such restrictive covenantthe non-competition provisions of Section 16 or 17, Employee the Executive agrees that the any period of such violation shall be added to the term of the restrictionnon-competition. For example, if the Executive violates the provision for three (3) months, the Company shall be entitled to enforce the non-competition provision for one (1) year, or for the duration of the Executive's receipt of Salary under Section 11, plus three (3) months post-termination. In determining the period of any violation, the Parties parties stipulate that in any calendar month in which Employee the Executive engages in any activity in violation violative of such provisionsthe non-competition provision, Employee shall be the Executive is deemed to have violated such the non-competition provision for the entire month, and that month shall be added to the duration of the non-competition provisionprovision as set out above. Employee acknowledges The parties agree however, that specific performance and the "add back" remedies described above shall not be the exclusive remedies, and the Company may seek enforce any other remedy or remedies available to it either in law or in equity, equity including, by way of example onlybut not limited to, statutory remedies for misappropriation of trade secretstemporary, and including the recovery of compensatory or punitive damages. Employee further agrees that the Company shall be entitled to an award of all costs and attorneys’ fees incurred by it in any attempt to enforce the terms of this Agreementpreliminary, and/or permanent injunctive relief.

Appears in 6 contracts

Samples: Employment Agreement (Anthem Inc), Employment Agreement (Anthem Inc), Employment Agreement (Anthem Inc)

Specific Enforcement/Injunctive Relief. Employee The Executive agrees that it would be difficult to measure any damages to the Company from a any breach of the above-referenced restrictive covenantscovenants contained in Sections 15 through 18, but acknowledges that the potential for such damages from any breach would be great, incalculable and irremediable, and that monetary damages alone would be an inadequate remedy. Accordingly, Employee the Executive agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, may have specific performance of the terms of this Agreement in any court having jurisdictionpermitted by this Agreement. In addition, if Employee the Executive violates any such restrictive covenantthe non-competition provisions of Section 17 or 18, Employee the Executive agrees that the any period of such violation shall be added to the term of the restrictionnon-competition. For example, if the Executive violates the provision for three (3) months, the Company shall be entitled to enforce the non-competition provision for two (2) years, or for the duration of the Executive's receipt of Salary under Section 11 or 12, plus three (3) months post-termination. In determining the period of any violation, the Parties parties stipulate that in any calendar month in which Employee the Executive engages in any activity in violation violative of such provisionsthe non-competition provision, Employee shall be the Executive is deemed to have violated such the non-competition provision for the entire month, and that month shall be added to the duration of the non-competition provisionprovision as set out above. Employee acknowledges The parties agree however, that specific performance and the "add back" remedies described above shall not be the exclusive remedies, and the Company may seek enforce any other remedy or remedies available to it either in law or in equity, equity including, by way of example onlybut not limited to, statutory remedies for misappropriation of trade secretstemporary, and including the recovery of compensatory or punitive damages. Employee further agrees that the Company shall be entitled to an award of all costs and attorneys’ fees incurred by it in any attempt to enforce the terms of this Agreementpreliminary, and/or permanent injunctive relief.

Appears in 3 contracts

Samples: Employment Agreement (Anthem Inc), Employment Agreement (Anthem Inc), Employment Agreement (Anthem Inc)

Specific Enforcement/Injunctive Relief. Employee agrees that it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but acknowledges that the potential for such damages would be great, incalculable and irremediable, and that monetary damages alone along would be an inadequate remedy. Accordingly, Employee agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if Employee violates any such restrictive covenant, Employee agrees that the period of such violation shall be added to the term of the restriction. In determining the period of any violation, the Parties stipulate that in any calendar month in which Employee engages in any activity in violation of such provisions, Employee shall be deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provision. Employee acknowledges that the remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secretssecretes, and including the recovery of compensatory or punitive damages. The parties agree that Employee may recover all reasonable costs and attorneys fees from the Company incurred that are directly related to Employee’s successful enforcement of the terms of this Agreement. Employee further agrees that the Company shall be entitled to an award of all costs and attorneys’ attorneys fees from Employee incurred by it in any attempt to enforce the terms of this Agreement, unless Employee is entitled to any costs and/or fees by operation of the preceding sentence.

Appears in 1 contract

Samples: Amended Employment Agreement (Hill-Rom Holdings, Inc.)

Specific Enforcement/Injunctive Relief. Employee agrees that it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but acknowledges that the potential for such damages would be great, incalculable and irremediable, and that monetary damages alone would be an inadequate remedy. Accordingly, Employee agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if Employee violates any such restrictive covenant, Employee agrees that the period of such violation shall be added to the term of the restriction. In determining the period of any violation, the Parties stipulate that in any calendar month in which Employee engages in any activity in violation of such provisions, Employee shall be deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provision. Employee acknowledges that the remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damages. Employee further agrees that the Company shall be entitled to an award of all costs and attorneys’ attorneys fees incurred by it in any attempt to enforce the terms of this Agreement.

Appears in 1 contract

Samples: Release Agreement (Hill-Rom Holdings, Inc.)

Specific Enforcement/Injunctive Relief. Employee agrees that it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but acknowledges that the potential for such damages would be great, incalculable and irremediable, and that monetary damages alone along would be an inadequate remedy. Accordingly, Employee agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if Employee violates any such restrictive covenant, Employee agrees that the period of such violation shall be added to the term of the restriction. In determining the period of any violation, the Parties stipulate that in any calendar month in which Employee engages in any activity in violation of such provisions, Employee shall be deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provision. Employee acknowledges that the remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secretssecretes, and including the recovery of compensatory or punitive damages. Employee further agrees that the Company shall be entitled to an award of all costs and attorneys’ attorneys fees incurred by it in any attempt to enforce the terms of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Hill-Rom Holdings, Inc.)

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Specific Enforcement/Injunctive Relief. Employee Employees agrees that it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but acknowledges that the potential for such damages would be great, incalculable and irremediable, and that monetary damages alone along would be an inadequate remedy. Accordingly, Employee agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if Employee violates any such restrictive covenant, Employee agrees that the period of such violation shall be added to the term of the restriction. In determining the period of any violation, the Parties stipulate that in any calendar month in which Employee engages in any activity in violation of such provisions, Employee shall be deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provision. Employee acknowledges that the remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damages. Employee further agrees that the Company shall be entitled to an award of all costs and attorneys’ fees incurred by it in any attempt to enforce the terms of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Hill-Rom Holdings, Inc.)

Specific Enforcement/Injunctive Relief. Employee agrees that it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but acknowledges that the potential for such damages would be great, incalculable and irremediable, and that monetary damages alone would be an inadequate remedy. Accordingly, Employee agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if Employee violates any such restrictive covenant, Employee agrees that the period of such violation shall be added to the term of the restriction. In determining the period of any violation, the Parties stipulate that in any calendar month in which Employee engages in any activity in violation of such provisions, Employee shall be deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provision. Employee acknowledges that the remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damages. Employee further agrees that the Company shall be entitled to an award of all costs and attorneys’ fees incurred by it in any attempt to enforce force the terms of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Batesville Holdings, Inc.)

Specific Enforcement/Injunctive Relief. Employee Executive agrees that it would be difficult to measure any damages to the Company from a any breach of the above-referenced restrictive covenantscovenants contained in Paragraphs 7 through 10, but acknowledges that the potential for such damages from any breach would be great, incalculable and irremediableirremedial, and that monetary damages alone would be an inadequate remedy. Accordingly, Employee Executive agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, may have specific performance of the terms of this Agreement in any court having jurisdiction. In addition, if Employee Executive violates any such restrictive covenantthe provisions of Paragraphs 9 or 10, Employee Executive agrees that the any period of such violation shall be added to the term of the restriction. For example, if Executive violates the non-competition provision for three months, the Company shall be entitled to enforce the non-competition provision for two years and three months post-separation. In determining the period of any violation, the Parties parties stipulate that in any calendar month in which Employee Executive engages in any activity in violation violative of such provisionsthe provisions of Paragraphs 9 or 10, Employee shall be Executive is deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provisionprovision as set out above. Employee acknowledges The parties agree however, that specific performance and the "add back" remedies described above shall not be the exclusive remedies, and the Company may seek enforce any other remedy or remedies available to it either in law or in equityequity including but not limited to temporary, includingpreliminary, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damagesand/or permanent injunctive relief. Employee Executive further agrees that the Company shall be entitled to an award of all costs and attorneys' fees incurred by it in any attempt to enforce the terms of this Agreement.

Appears in 1 contract

Samples: Separation and Release Agreement (Hillenbrand Industries Inc)

Specific Enforcement/Injunctive Relief. Employee agrees that it would be difficult to measure any damages to the Company from a breach of the above-referenced restrictive covenants, but acknowledges that the potential for such damages would be great, incalculable and irremediableirremedial, and that monetary damages alone would be an inadequate remedy. Accordingly, Employee agrees that the Company shall be entitled to immediate injunctive relief against such breach, or threatened breach, in any court having jurisdiction. In addition, if Employee violates any such restrictive covenant, Employee agrees that the period of such violation shall be added to the term of the restriction. In determining the period of any violation, the Parties stipulate that in any calendar month in which Employee engages in any activity in violation of such provisions, Employee shall be deemed to have violated such provision for the entire month, and that month shall be added to the duration of the non-competition provision. Employee acknowledges that the remedies described above shall not be the exclusive remedies, and the Company may seek any other remedy available to it either in law or in equity, including, by way of example only, statutory remedies for misappropriation of trade secrets, and including the recovery of compensatory or punitive damages. Employee further agrees that the Company shall be entitled to an award of all costs and attorneys’ fees incurred by it in any attempt to enforce the terms of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Hill-Rom Holdings, Inc.)

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