Common use of Specific Performance; Damages Clause in Contracts

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Paragraphs 5, 6 or 7 hereof, you agree that the injury which would be suffered by the Company would be of a character which could not be fully compensated for solely by a recovery of monetary damages. Accordingly, you agree that in the event of a breach or threatened breach of Paragraphs 5, 6 or 7 hereof, in addition to and not in lieu of any damages sustained by the Company and any other remedies which the Company may pursue hereunder or under any applicable law, the Company shall have the right to equitable relief, including issuance of a temporary or permanent injunction, by any court of competent jurisdiction against the commission or continuance of any such breach or threatened breach, without the necessity of proving any actual damages or posting of any bond or other surety therefor. In addition to, and not in limitation of the foregoing, you understand and confirm that, in the event of a breach or threatened breach of Paragraphs 5, 6 or 7 hereof, you may be held financially liable to the Company for any loss suffered by the Company as a result.

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Paragraphs 5, Section 6 or Section 7 hereof, you agree Executive agrees that the injury which would could be suffered by the Company (which for purposes of this Section 10 shall include the Company’s successor-in-interest, subsidiaries and affiliates) would be of a character which could not be fully compensated for solely by a recovery of monetary damages. Accordingly, you agree Executive agrees that in the event of a breach or threatened breach of Paragraphs 5, Section 6 or Section 7 hereof, in addition to and not in lieu of any damages sustained by the Company and any other remedies which the Company may pursue hereunder or under any applicable law, the Company shall have the right to equitable relief, including but not limited to the issuance of a temporary or permanent injunctioninjunction or restraining order, by any court of competent jurisdiction against the commission or continuance of any such breach or threatened breach, without the necessity of proving any actual damages or posting of any bond or other surety therefor. In addition to, and not in limitation of the foregoing, you understand and confirm that, in the event of a breach or threatened breach of Paragraphs 5, 6 or 7 hereof, you may be held financially liable to the Company for any loss suffered by the Company as a result.

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Paragraphs 5, Sections 6 or 7 hereof, you agree Executive agrees that the injury which would could be suffered by the Company (which for purposes of this Section 10 shall include the Company’s successor-in-interest, subsidiaries and affiliates) would be of a character which could not be fully compensated for solely by a recovery of monetary damages. Accordingly, you agree Executive agrees that in the event of a breach or threatened breach of Paragraphs 5, Sections 6 or 7 hereof, in addition to and not in lieu of any damages sustained by the Company and any other remedies which the Company may pursue hereunder or under any applicable law, the Company shall have the right to equitable relief, including but not limited to issuance of a temporary or permanent injunctioninjunction or restraining order, by any court of competent jurisdiction against the commission or continuance of any such breach or threatened breach, without the necessity of proving any actual damages or posting of any bond or other surety therefordamages. In addition to, and not in limitation of the foregoing, you understand Executive understands and confirm confirms that, in the event of a breach or threatened breach of Paragraphs 5, Sections 6 or 7 hereof, you Executive may be held financially liable to the Company for any loss suffered by the Company as a result.

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Paragraphs 5, Section 6 or Section 7 hereof, you agree Executive agrees that the injury which would could be suffered by the Company (which for purposes of this Section 10 shall include the Company’s successor-in-interest, subsidiaries and affiliates) would be of a character which could not be fully compensated for solely by a recovery of monetary damages. Accordingly, you agree Executive agrees that in the event of a breach or threatened breach of Paragraphs 5, Section 6 or Section 7 hereof, in addition to and not in lieu of any damages sustained by the Company and any other remedies which the Company may pursue hereunder or under any applicable law, the Company shall have the right to equitable relief, including but not limited to the issuance of a temporary or permanent injunctioninjunction or restraining order, by any court of competent jurisdiction against the commission or continuance of any such breach or threatened breach, without the necessity of proving any actual damages or posting of any bond or other surety therefordamages. In addition to, and not in limitation of the foregoing, you understand Executive understands and confirm confirms that, in the event of a breach or threatened breach of Paragraphs 5, Section 6 or Section 7 hereof, you Executive may be held financially liable to the Company for any loss suffered by the Company as a result.

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Paragraphs 5, Section 6 or Section 7 hereof, you agree Executive agrees that the injury which would could be suffered by the Company (which for purposes of this Section 9 shall include the Company’s successor-in-interest, subsidiaries and affiliates) would be of a character which could not be fully compensated for solely by a recovery of monetary damages. Accordingly, you agree Executive agrees that in the event of a breach or threatened breach of Paragraphs 5, Section 6 or Section 7 hereof, in addition to and not in lieu of any damages sustained by the Company and any other remedies which the Company may pursue hereunder or under any applicable law, the Company shall have the right to equitable relief, including but not limited to the issuance of a temporary or permanent injunctioninjunction or restraining order, by any court of competent jurisdiction against the commission or continuance of any such breach or threatened breach, without the necessity of proving any actual damages or posting of any bond or other surety therefordamages. In addition to, and not in limitation of the foregoing, you understand Executive understands and confirm confirms that, in the event of a breach or threatened breach of Paragraphs 5, Section 6 or Section 7 hereof, you Executive may be held financially liable to the Company for any loss suffered by the Company as a result.

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Paragraphs 5, Sections 6 or 7 hereof, you agree Executive agrees that the injury which would could be suffered by the Company (which for purposes of this Section 10 shall include the Company's successor-in-interest, subsidiaries and affiliates) would be of a character which could not be fully compensated for solely by a recovery of monetary damages. Accordingly, you agree Executive agrees that in the event of a breach or threatened breach of Paragraphs 5, Sections 6 or and 7 hereof, in addition to and not in lieu of any damages sustained by the Company and any other remedies which the Company may pursue hereunder or under any applicable law, the Company shall have the right to equitable relief, including but not limited to issuance of a temporary or permanent injunctioninjunction or restraining order, by any court of competent jurisdiction against the commission or continuance of any such breach or threatened breach, without the necessity of proving any actual damages or posting of any bond or other surety therefordamages. In addition to, and not in limitation of the foregoing, you understand Executive understands and confirm confirms that, in the event of a breach or threatened breach of Paragraphs 5, Sections 6 or and 7 hereof, you Executive may be held financially liable to the Company for any loss suffered by the Company as a result.

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Paragraphs 5, Section 6 or Section 7 hereof, you agree Executive agrees that the injury which would could be suffered by the Company (which for purposes of this Section 10 shall include the Company’s successor-in-interest, subsidiaries and affiliates) would be of a character which could not be fully compensated for Table of Contents solely by a recovery of monetary damages. Accordingly, you agree Executive agrees that in the event of a breach or threatened breach of Paragraphs 5, Section 6 or Section 7 hereof, in addition to and not in lieu of any damages sustained by the Company and any other remedies which the Company may pursue hereunder or under any applicable law, the Company shall have the right to equitable relief, including but not limited to the issuance of a temporary or permanent injunctioninjunction or restraining order, by any court of competent jurisdiction against the commission or continuance of any such breach or threatened breach, without the necessity of proving any actual damages or posting of any bond or other surety therefordamages. In addition to, and not in limitation of the foregoing, you understand Executive understands and confirm confirms that, in the event of a breach or threatened breach of Paragraphs 5, Section 6 or Section 7 hereof, you Executive may be held financially liable to the Company for any loss suffered by the Company as a result.

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Paragraphs 5, Section 6 or Section 7 hereof, you agree Executive agrees that the injury which would could be suffered by the Company (which for purposes of this Section 10 shall include the Company’s successor-in-interest, subsidiaries and affiliates) would be of a character which could not be fully compensated for solely by a recovery of monetary damages. Accordingly, you agree Executive agrees that in the event of a breach or threatened breach of Paragraphs 5, Section 6 or Section 7 hereof, in addition to and not in lieu of any damages sustained by the Company and any other remedies which the Company may pursue hereunder or under any applicable law, the Company shall have the right to equitable relief, including but not limited to the issuance of a temporary or permanent injunctioninjunction or restraining order, by any court of competent jurisdiction against the commission or continuance of any such breach or threatened breach, without the necessity of proving any actual damages or posting of any bond or other surety therefor. In addition to, and not in limitation of the foregoing, you understand and confirm that, in the event of a breach or threatened breach of Paragraphs 5, 6 or 7 hereof, you may be held financially liable to the Company for any loss suffered by the Company as a resultdamages.

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Paragraphs 5, Section 6 or 7 hereof, you agree Employee agrees that the injury which would could be suffered by the Company SSI (which for purposes of this Section 9 shall include SSI's successor-in-interest, subsidiaries and affiliates) would be of a character which could not be fully compensated for solely by a recovery of monetary damages. Accordingly, you agree Employee agrees that in the event of a breach or threatened breach of Paragraphs 5, Section 6 or 7 hereof, in addition to and not in lieu of any damages sustained by the Company SSI and any other remedies which the Company SSI may pursue hereunder or under any applicable law, the Company SSI shall have the right to equitable relief, including but not limited to issuance of a temporary or permanent injunctioninjunction or restraining order, by any court of competent jurisdiction against the commission or continuance of any such breach or threatened breach, without the necessity of proving any actual damages or posting of any bond or other surety therefortherefore. In addition to, and not in limitation of the foregoing, you understand Employee understands and confirm confirms that, in the event of a breach or threatened breach of Paragraphs 5, Section 6 or 7 hereof, you Employee may be held financially liable to the Company SSI for any consequential loss suffered by the Company SSI as a resultresult thereof.

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Paragraphs 5, Section 6 or Section 7 hereof, you agree Executive agrees that the injury which would could be suffered by the Company (which for purposes of this Section 10 shall include the Company’s successor-in-interest, subsidiaries and affiliates) would be of a character which could not be fully compensated for solely by a recovery of monetary damages. Accordingly, you agree Executive agrees that in the event of a breach or threatened breach of Paragraphs 5, Section 6 or Section 7 hereof, in addition to and not in lieu of any damages sustained by the Company and any other remedies which the Company may pursue hereunder or under any applicable law, the Company shall have the right to equitable relief, including but not limited to the issuance of a temporary or permanent injunctioninjunction or restraining order, by any court of competent jurisdiction against the commission or continuance of any such breach or threatened breach, without the necessity of proving any actual damages or posting of any bond or other surety therefor. In addition to, and not in limitation of the foregoing, you understand Executive understands and confirm confirms that, in the event of a breach or threatened breach of Paragraphs 5, Section 6 or Section 7 hereof, you Executive may be held financially liable to the Company for any loss suffered by the Company as a result. The provisions of this Section 10 shall survive the expiration or termination of this Agreement.