Common use of Specific Performance and Equitable Relief Clause in Contracts

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.

Appears in 4 contracts

Samples: Employment Agreement (zSpace, Inc.), Employment Agreement (zSpace, Inc.), Employment Agreement (zSpace, Inc.)

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Specific Performance and Equitable Relief. Employee acknowledges I acknowledge and agrees agree that the Company would suffer irreparable harm if the Confidential Information was disclosed to third parties without the Company’s consent or if Employee I breached Employee’s other obligations the restrictive covenants and non-disparagement provisions contained herein. Employee I further agrees agree that the restrictive covenants in this NDA are reasonable covenants under the circumstances, and further agree 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 provision or provisions of such covenants as to the court shall appear not reasonable and to enforce the remainder of the NDA covenants as so amended. Accordingly, Employee I hereby consents consent to and agrees agree that, in the event of a breach or threatened breach of this NDA by Employeeme, 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 my 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 breach, by Employee me, of Employee’s my obligations arising pursuant to this NDA, and specifically, without limitation, the confidentiality confidentiality, restrictive covenant, and non-disparagement provisions above. Employee I further agrees agree 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 I 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 Section and in fact requested by the Company. To the extent the Company expends attorneys’ fees in enforcing the terms of this NDA against Employeeme, Employee I shall be responsible for indemnifying the Company for said fees.

Appears in 3 contracts

Samples: Employment Agreement (DeCicco Richard J), Employment Agreement (Iconic Brands, Inc.), Employment Agreement (Iconic Brands, Inc.)

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Specific Performance and Equitable Relief. Employee acknowledges I acknowledge and agrees agree that the Company would suffer irreparable harm if the Confidential Information was disclosed to third parties without the Company’s consent or if Employee I breached Employee’s other obligations the restrictive covenants and non-disparagement provisions contained herein. Employee I further agrees agree that the restrictive covenants in this NDA are reasonable covenants under the circumstances, and further agree 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 provision or provisions of such covenants as to the court shall appear not reasonable and to enforce the remainder of the NDA covenants as so amended. Accordingly, Employee I hereby consents consent to and agrees agree that, in the event of a breach or threatened breach of this NDA by Employeeme, 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 my 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 breach, by Employee me, of Employee’s my obligations arising pursuant to this NDA, and specifically, without limitation, the confidentiality confidentiality, restrictive covenant, and non-disparagement provisions above. Employee I further agrees agree 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 lawme, and that Employee I 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 Section and in fact requested by the Company. To the extent the Company expends attorneys’ fees in enforcing the terms of this NDA against Employeeme, Employee I shall be responsible for indemnifying the Company for said fees.

Appears in 3 contracts

Samples: Employment Agreement (Iconic Brands, Inc.), Employment Agreement (Iconic Brands, Inc.), Employment Agreement (Iconic Brands, Inc.)

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