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 Section 6 or Section 7 hereof, Executive agrees that the injury which 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, Executive agrees that in the event of a breach or threatened breach of 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 injunction 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. In addition to, and not in limitation of the foregoing, Executive understands and confirms that, in the event of a breach or threatened breach of Section 6 or Section 7 hereof, 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 Section 6 or Section 7 hereof, Executive agrees that the injury which 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, Executive agrees that in the event of a breach or threatened breach of 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 injunction 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 damagesdamages or posting of any bond or surety therefor. In addition to, and not in limitation of the foregoing, Executive understands and confirms that, in the event of a breach or threatened breach of Section 6 or Section 7 hereof, 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.

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Section Sections 6 or Section 7 hereof, Executive agrees that the injury which could be suffered by the Company (which for purposes of this Section 10 shall include the Company’s '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, Executive agrees that in the event of a breach or threatened breach of Section Sections 6 or Section 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 the issuance of a temporary or permanent injunction 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. In addition to, and not in limitation of the foregoing, Executive understands and confirms that, in the event of a breach or threatened breach of Section Sections 6 or Section and 7 hereof, 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 Section 6 or Section 7 hereof, Executive Employee agrees that the injury which could be suffered by the Company SSI (which for purposes of this Section 10 9 shall include the Company’s SSI'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, Executive Employee agrees that in the event of a breach or threatened breach of Section 6 or Section 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 the issuance of a temporary or permanent injunction 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 damagesdamages or posting of any bond or other surety therefore. In addition to, and not in limitation of the foregoing, Executive Employee understands and confirms that, in the event of a breach or threatened breach of Section 6 or Section 7 hereof, Executive Employee may be held financially liable to the Company SSI for any consequential loss suffered by the Company SSI as a resultresult thereof.