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, 8 or 10 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 Sections 7, 8 or 10 hereunder, 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 Sections 7, 8, or 10 hereof, Employee may be held financially liable to Employer for any loss suffered by Employer as a result.

Specific Performance; Damages. In the event of a breach or threatened breach of any or all of the provisions of Sections 7, Section 7 or 8 or 10 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 Sections 7, any or all of the provisions of Section 7 or 8 or 10 hereunderhereof, 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 Sections 7, 8, Section 7 or 10 8 hereof, Employee may be held financially liable to Employer for any loss suffered by Employer as a result.

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Sections 7, 8 6 or 10 7 hereof, Employee Executive agrees that the injury which would could be suffered by Employer 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, Employee Executive agrees that in the event of a breach or threatened breach of Sections 7, 8 or 10 hereunder6 and 7 hereof, in addition to and not in lieu of any damages sustained by Employer the Company and any other remedies which Employer the Company may pursue hereunder or under any applicable law, Employer 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, Employee Executive understands and confirms that, in the event of a breach or threatened breach of Sections 7, 8, or 10 6 and 7 hereof, Employee Executive may be held financially liable to Employer the Company for any loss suffered by Employer the Company as a result.

Specific Performance; Damages. In the event of a breach or threatened breach of the provisions of Sections 7, 7 or 8 or 10 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 Sections 7, Section 7 or 8 or 10 hereunderhereof, 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, and that Employer may cease to make any Contingent Payments. 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 Sections 7, 8, Section 7 or 10 8 hereof, Employee may be held financially liable to Employer for any loss suffered by Employer as a result.