Specific Performance and Equitable Relief. Employee acknowledges and agrees that the Company would suffer irreparable harm if the Confidential Information was disclosed to third parties without the Company’s consent or if Employee breached Employee’s other obligations contained herein. Employee further agrees that if in the opinion of any court of competent jurisdiction such restraints are not reasonable in any respect, such court shall have the right, power and authority to excise or modify such provisions as to the court shall appear not reasonable and to enforce the remainder of the NDA as so amended. Accordingly, Employee hereby consents to and agrees that, in the event of a breach or threatened breach of this NDA by Employee, the Company shall have the right to exercise any and all rights by appropriate action either by law or in equity, including specific performance of Employee’s obligations arising pursuant to this NDA, and that the Company shall be entitled to equitable relief, including injunctive relief, in connection with any breach or threatened breach by Employee of Employee’s obligations arising pursuant to this NDA, and specifically, without limitation, the confidentiality and non-disparagement provisions above. Employee further agrees that the Company may, in addition to pursuing any remedies it may have in law or in equity, cease making any payments otherwise required by any agreement between the Company and Employee as permitted by law, and that Employee shall not request that the Company post, nor shall the Company be obligated to post, a bond in connection with any equitable relief authorized pursuant to this Paragraph and in fact requested by the Company. To the extent the Company expends attorneys’ fees in enforcing the terms of this NDA against Employee, Employee shall be responsible for indemnifying the Company for said fees.
Specific Performance and Equitable Relief. Employee acknowledges and agrees that Company would suffer irreparable harm if Company’s rights in the Inventions and Works of Authorship were not protected and/or the Confidential Information was disclosed to third parties without Company’s consent. Accordingly, Employee hereby consents to and agrees that, in the event of a breach or threatened breach of this Agreement by Employee, Company shall have the right to exercise any and all rights by appropriate action either by law or in equity, including specific performance of Employee’s obligations arising pursuant to paragraphs 1, 2 and 3 above, and that Company shall be entitled to equitable relief, including injunctive relief, in connection with any breach or threatened breach, by Employee, of Employee’s obligations arising pursuant to paragraphs 2(a), 2(c), 2(d), 2(e) and 3 above. Employee further agrees that Employee shall not request that Company post, nor shall Company be obligated to post, a bond in connection with any equitable relief authorized pursuant to this paragraph 7(c) and in fact requested by Company.
Specific Performance and Equitable Relief. Nothing in this Agreement, including this Section 10.14, shall prevent any party from seeking performance or other equitable relief in any court of competent jurisdiction. [Remainder of this page intentionally left blank.]
Specific Performance and Equitable Relief. Without prejudice to the rights and remedies otherwise available to Disclosing Party, the Receiving Party agrees that money damages may not be an adequate remedy for any breach of this Agreement and that Disclosing Party may be entitled to seek specific performance and other equitable relief by way of injunction if the Receiving Party or any of the Receiving Party Representatives breaches or threatens to breach any provision of this Agreement. The remedies in this Paragraph shall not be deemed exclusive remedies for a breach of this Agreement by the Receiving Party or any of the Receiving Party Representatives but shall be in addition to all other remedies available to Disclosing Party, at law or in equity.
Specific Performance and Equitable Relief. Without prejudice to the rights and remedies otherwise available to Disclosing Party, the Receiving Party agrees that money damages may not be an adequate remedy for any breach of this Agreement and that Disclosing Party may be entitled to seek specific performance and other equitable relief by way of injunction if the Receiving Party or any of the Receiving Party Representatives breaches any provision of this Agreement. The remedies in this Paragraph shall not be deemed exclusive remedies for a breach of this Agreement by the Receiving Party or any of the Receiving Party Representatives but shall be in addition to all other remedies available to Disclosing Party, at law or in equity. If a Party is required to initiate litigation or other proceedings in order to enforce the terms of this Agreement, the Party prevailing in such litigation or proceeding shall be entitled to recover its reasonable attorneys’ fees (including court costs) in connection with such litigation or proceedings.
Specific Performance and Equitable Relief. Seller and Principals acknowledge that the Business is unique and recognize and affirm that in the event of a breach of this Agreement by Seller or Principals, money damages may be inadequate and Buyer may have no adequate remedy at law. Accordingly, Seller and Principals agree that Buyer shall have the right, in addition to any other rights and remedies existing in its favor, to enforce its rights and the obligations of Seller and Principals hereunder not only by an Action or Actions for Damages, but also by an Action or Actions for specific performance, injunctive or other equitable relief, without the necessity of posting any bond or proving any actual damage. 9.8
Specific Performance and Equitable Relief. Subject to Sections 2.4(e) and 12.2, all claims and causes of action for specific performance, equitable relief, or other non-monetary remedies (a "Non-Monetary Claim") shall be brought in any state or federal court of competent subject matter jurisdiction located in Delaware, and the Parties stipulate and consent to the personal jurisdiction of such courts over them for such purpose. All claims for Damages or other monetary relief (a "Claim for Money") shall be resolved through negotiation and arbitration as indicated in the following subsections. Initial Dispute Resolution Efforts. Before asserting any Non-Monetary Claim that was not resolved by the Steering Committee or any Claim for Money in arbitration, the Party asserting such claim shall provide written notice of the Non-Monetary Claim or the Claim for Money, as applicable, and a concise summary of the basis for such claim (a "Dispute Notice") to the other Party. Within seven (7) days after delivery of such Dispute Notice, an executive of each Party shall agree to meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. If the matter has not been resolved within thirty (30) days of the disputing Party's Dispute Notice, then the Party that delivered the Dispute Notice may bring such claim in accordance with Section 12.1 (if a Non-Monetary Claim) or in arbitration following the procedures set out below (if a Claim for Money).
