Specific Enforcement/Injunctive Relief. The Executive agrees that it would be difficult to measure damages to Anthem Affiliates from any breach of the covenants contained in Sections 4 and 5, but that such damages from any breach would be great, incalculable and irremediable, and that damages would be an inadequate remedy. Accordingly, the Executive agrees that Anthem Affiliates may have specific performance of the terms of this Agreement in any court permitted by this Agreement. In addition, if the Executive violates the non-competition provisions of Section 4. the Executive agrees that any period of such violation shall be added to the term of the non-competition. For example, if the Executive violates the provision for three (3) months, Anthem Affiliates shall be entitled to enforce the non-competition provision during the Restrictive Period, plus three (3) months following the conclusion of the Restrictive Period. In determining the period of any violation, the parties stipulate that in any calendar month in which the Executive engages in any activity violative of the non-competition provision, the Executive is deemed to have violated the non-competition provision for the entire month, and that month shall be added to the duration of the non-competition provision as set out above. The parties agree however, that specific performance and the "add back" remedies described above shall not be the exclusive remedies, and Anthem Affiliates may enforce any other remedy or remedies available to it either in law or in equity including, but not limited to, temporary, preliminary, and/or permanent injunctive relief.
Appears in 2 contracts
Samples: Noncompetition Agreement (Anthem Inc), Noncompetition Agreement (Anthem Inc)
Specific Enforcement/Injunctive Relief. The Executive agrees that it would be difficult to measure damages to Anthem Affiliates the Company from any breach of the covenants contained in Sections 4 and 5Paragraphs 6 through 9, but that such damages from any breach would be great, incalculable and irremediableirremedial, and that damages would be an inadequate remedy. Accordingly, the Executive agrees that Anthem Affiliates the Company may have specific performance of the terms of this Agreement in any court permitted by this Agreementhaving jurisdiction. In addition, if the Executive violates the non-competition provisions of Section 4. the Paragraphs 8 or 9, Executive agrees that any period of such violation shall be added to the term of the non-competitionrestriction. For example, if the Executive violates the non-competition provision for three (3) months, Anthem Affiliates the Company shall be entitled to enforce the non-competition provision during the Restrictive Period, plus for two years and three (3) months following the conclusion of the Restrictive Periodpost-separation. In determining the period of any violation, the parties stipulate that in any calendar month in which the Executive engages in any activity violative of the non-competition provisionprovisions of Paragraphs 8 or 9, the Executive is deemed to have violated the non-competition such provision for the entire month, and that month shall be added to the duration of the non-competition provision as set out above. The parties agree however, that specific performance and the "add back" remedies described above shall not be the exclusive remedies, and Anthem Affiliates the Company may enforce any other remedy or remedies available to it either in law or in equity including, including but not limited to, to temporary, preliminary, and/or permanent injunctive relief.
Appears in 1 contract
Specific Enforcement/Injunctive Relief. The Executive agrees that it would be difficult to measure damages to Anthem Affiliates the Company from any breach of the covenants contained in Sections 4 and 514 through 17, but that such damages from any breach would be great, incalculable and irremediable, and that damages would be an inadequate remedy. Accordingly, the Executive agrees that Anthem Affiliates the Company may have specific performance of the terms of this Agreement in any court permitted by this Agreement. In addition, if the Executive violates the non-competition provisions of Section 4. 16 or 17, the Executive agrees that any period of such violation shall be added to the term of the non-competition. For example, if the Executive violates the provision for three (3) months, Anthem Affiliates the Company shall be entitled to enforce the non-competition provision during for one (1) years, or for the Restrictive Periodduration of the Executive's receipt of Base Salary under Section 11, plus three (3) months following the conclusion of the Restrictive Periodpost-termination. In determining the period of any violation, the parties stipulate that in any calendar month in which the Executive engages in any activity violative of the non-competition provision, the Executive is deemed to have violated the non-competition provision for the entire month, and that month shall be added to the duration of the non-competition provision as set out above. The parties agree however, that specific performance and the "add back" remedies described above shall not be the exclusive remedies, and Anthem Affiliates the Company may enforce any other remedy or remedies available to it either in law or in equity including, but not limited to, temporary, preliminary, and/or permanent injunctive relief.
Appears in 1 contract
Samples: Employment Agreement (Anthem Inc)
Specific Enforcement/Injunctive Relief. The Executive agrees that it would be difficult to measure damages to Anthem Affiliates the Company from any breach of the covenants contained in Sections 4 and 516 through 19, but that such damages from any breach would be great, incalculable and irremediable, and that damages would be an inadequate remedy. Accordingly, the Executive agrees that Anthem Affiliates the Company may have specific performance of the terms of this Agreement in any court permitted by this Agreement. In addition, if the Executive violates the non-competition provisions of Section 4. 18 or 19, the Executive agrees that any period of such violation shall be added to the term of the non-competition. For example, if the Executive violates the provision for three (3) months, Anthem Affiliates the Company shall be entitled to enforce the non-competition provision during for two (2) years, or for the Restrictive Periodduration of the Executive's receipt of Salary under Section 11 or 13, plus three (3) months following the conclusion of the Restrictive Periodpost-termination. In determining the period of any violation, the parties stipulate that in any calendar month in which the Executive engages in any activity violative of the non-competition provision, the Executive is deemed to have violated the non-competition provision for the entire month, and that month shall be added to the duration of the non-competition provision as set out above. The parties agree however, that specific performance and the "add back" remedies described above shall not be the exclusive remedies, and Anthem Affiliates the Company may enforce any other remedy or remedies available to it either in law or in equity including, but not limited to, temporary, preliminary, and/or permanent injunctive relief.
Appears in 1 contract
Samples: Employment Agreement (Anthem Inc)
Specific Enforcement/Injunctive Relief. The Executive agrees that it would be difficult to measure damages to Anthem Affiliates the Company from any breach of the covenants contained in Sections 4 and 514 through 17, but that such damages from any breach would be great, incalculable and irremediable, and that damages would be an inadequate remedy. Accordingly, the Executive agrees that Anthem Affiliates the Company may have specific performance of the terms of this Agreement in any court permitted by this Agreement. In addition, if the Executive violates the non-competition provisions of Section 4. 16 or 17, the Executive agrees that any period of such violation shall be added to the term of the non-competition. For example, if the Executive violates violated the provision for three (3) months, Anthem Affiliates shall the Company would be entitled to enforce the non-competition provision during for one (1) year, or for the Restrictive Periodduration of the Executive’s receipt of Salary under Section 11, plus three (3) months following the conclusion of the Restrictive Periodpost-termination. In determining the period of any violation, the parties stipulate that in any calendar month in which the Executive engages in any activity violative of the non-competition provision, the Executive is deemed to have violated the non-competition provision for the entire month, and that month shall be added to the duration of the non-competition provision as set out above. The parties agree however, that specific performance and the "“add back" ” remedies described above shall not be the exclusive remedies, and Anthem Affiliates the Company may enforce any other remedy or remedies available to it either in law or in equity including, but not limited to, temporary, preliminary, and/or permanent injunctive relief.
Appears in 1 contract
Samples: Employment Agreement (Wellpoint Inc)
Specific Enforcement/Injunctive Relief. The Executive agrees that it would be difficult to measure damages to Anthem Affiliates the Company from any breach of the covenants contained in Sections 4 and 514 through 17, but that such damages from any breach would be great, incalculable and irremediable, and that damages would be an inadequate remedy. Accordingly, the Executive agrees that Anthem Affiliates the Company may have specific performance of the terms of this Agreement in any court permitted by this Agreement. In addition, if the Executive violates the non-competition provisions of Section 4. 16 or 17, the Executive agrees that any period of such violation shall be added to the term of the non-competition. For example, if the Executive violates the provision for three (3) months, Anthem Affiliates the Company shall be entitled to enforce the non-competition provision during for one (1) year, or for the Restrictive Periodduration of the Executive's receipt of Salary under Section 11, plus three (3) months following the conclusion of the Restrictive Periodpost-termination. In determining the period of any violation, the parties stipulate that in any calendar month in which the Executive engages in any activity violative of the non-competition provision, the Executive is deemed to have violated the non-competition provision for the entire month, and that month shall be added to the duration of the non-competition provision as set out above. The parties agree agree, however, that specific performance and the "add back" remedies described above shall not be the exclusive remedies, and Anthem Affiliates the Company may enforce any other remedy or remedies available to it either in law or in equity including, but not limited to, temporary, preliminary, and/or permanent injunctive relief.
Appears in 1 contract
Samples: Employment Agreement (Anthem Inc)
Specific Enforcement/Injunctive Relief. The Executive agrees that it would be difficult to measure damages to Anthem Affiliates the Company from any breach of the covenants contained in Sections 4 and 514 through 17, but that such damages from any breach would be great, incalculable and irremediable, and that damages would be an inadequate remedy. Accordingly, the Executive agrees that Anthem Affiliates the Company may have specific performance of the terms of this Agreement in any court permitted by this Agreement. In addition, if the Executive violates the non-competition provisions of Section 4. 16 or 17, the Executive agrees that any period of such violation shall be added to the term of the non-competition. For example, if the Executive violates the provision for three (3) months, Anthem Affiliates the Company shall be entitled to enforce the non-competition provision during for one (1) year, or for the Restrictive Periodduration of the Executive’s receipt of Salary under Section 11, plus three (3) months following the conclusion of the Restrictive Periodpost-termination. In determining the period of any violation, the parties stipulate that in any calendar month in which the Executive engages in any activity violative of the non-competition provision, the Executive is deemed to have violated the non-competition provision for the entire month, and that month shall be added to the duration of the non-competition provision as set out above. The parties agree however, that specific performance and the "“add back" ” remedies described above shall not be the exclusive remedies, and Anthem Affiliates the Company may enforce any other remedy or remedies available to it either in law or in equity including, but not limited to, temporary, preliminary, and/or permanent injunctive relief.
Appears in 1 contract
Samples: Employment Agreement (Wellpoint Inc)