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 Sections 7 or 8 hereof, Employee agrees that the injury which would be suffered by Employer would be of a character which could not be fully compensated for solely by a recovery of monetary damages. Accordingly, Employee agrees that in the event of a breach or threatened breach of Section 7 or 8 hereof, in addition to and not in lieu of any damages sustained by Employer and any other remedies which Employer may pursue hereunder or under any applicable law, Employer 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, Employee understands and confirms that, in the event of a breach or threatened breach of Section 7 or 8 hereof, Employee may be held financially liable to Employer for any loss suffered by Employer as a result.

Appears in 6 contracts

Samples: Employment Agreement (Caribiner International Inc), Employment Agreement (Audio Visual Services Corp), Employment Agreement (Audio Visual Services Corp)

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Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Sections 7 or 8 Section 6 hereof, Employee agrees that the injury which would could be suffered by Employer 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, Employee agrees that in the event of a breach or threatened breach of Section 7 or 8 6 hereof, in addition to and not in lieu of any damages sustained by Employer SSI and any other remedies which Employer SSI may pursue hereunder or under any applicable law, Employer 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, Employee understands and confirms that, in the event of a breach or threatened breach of Section 7 or 8 6 hereof, Employee may be held financially liable to Employer SSI for any consequential loss suffered by Employer SSI as a resultresult thereof.

Appears in 1 contract

Samples: Partnership Interest Purchase Agreement (Mangosoft Inc)

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