Common use of Specific Performance; Injunction Clause in Contracts

Specific Performance; Injunction. The Parties agree and acknowledge that the restrictions contained in Paragraphs 1-8 are reasonable in scope and duration and are necessary to protect the Company. If any provision of Paragraphs 1-8 as applied to any party or to any circumstance is judged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstance or the validity or enforceability of any other provision of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, EMPLOYEE’S INITIALS /s/ SR the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. Any unauthorized use or disclosure of Confidential Information in violation of Paragraphs 2-7 above or violation of the Restrictive Covenant in Paragraph 8 shall constitute a material breach of this Agreement and will cause irreparable harm and loss to the Company for which monetary damages may be an insufficient remedy. Therefore, in addition to any other remedy available, the Company will be entitled to all available civil remedies, including: a. Temporary and permanent injunctive relief, without the necessity of posting a bond, restraining Employee or Representatives and any other person, partnership, firm, corporation, association or other legal entity acting in concert with Employee from any actual or threatened unauthorized disclosure or use of Confidential Information, in whole or in part, or from rendering any service to any other person, partnership, firm, corporation, association or other legal entity to whom such Confidential Information in whole or in part, has been disclosed or used or is threatened to be disclosed or used; and b. Temporary and permanent injunctive relief, without the necessity of posting a bond, restraining the Employee from violating, directly or indirectly, the restrictions of the Restrictive Covenant in any capacity identified in Paragraph 8, supra, and restricting third parties from aiding and abetting any violations of the Restrictive Covenant; and c. Compensatory damages, including actual loss from misappropriation and unjust enrichment, and any and all legal fees, including without limitation, all attorneys’ fees, court costs, and any other related fees and/or costs incurred by the Company in enforcing this Agreement. Notwithstanding the forgoing, the Company acknowledges and agrees that the Employee will not be liable for the payment of any damages or fees owed to the Company through the operation of Paragraph 10c above, unless and until a court of competent jurisdiction has determined that the Company or any successor is entitled to such recovery. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other legal or equitable remedies available to it for actual or threatened breach of the provisions of Paragraphs 1 – 8 of this Agreement, and the existence of any claim or cause of action by Employee against the Company shall not constitute a defense to the enforcement by the Company of any of the provisions of this Agreement. The Company and its Affiliated Entities have fully performed all obligations entitling it to the covenants of Paragraphs 1 – 8 of this Agreement and therefore such prohibitions are not executory or otherwise subject to rejection under the bankruptcy code.

Specific Performance; Injunction. The Parties agree and acknowledge that the restrictions contained in Paragraphs 1-8 are reasonable in scope and duration and are necessary to protect the CompanyCompany or any of its Affiliated Entities. If any provision of Paragraphs 1-8 as applied to any party or to any circumstance is judged adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstance or the validity or enforceability of any other provision of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, EMPLOYEE’S INITIALS /s/ SR the Parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. Any material unauthorized use or disclosure of Confidential Information information in violation of Paragraphs 2-7 above or violation of the Restrictive Covenant in Paragraph 8 shall constitute a material breach of this Agreement Agreement, may constitute misappropriation under California law, and will may cause irreparable harm and loss to the Company or any of its Affiliated Entities for which monetary damages may will be an insufficient remedy. Therefore, the Parties agree that in addition to any other remedy available, the Company will or any of its Affiliated Entities may be entitled to all of available civil remedies, including: a. Temporary and permanent injunctive relief, without the necessity of posting being required to post a bond, restraining Employee Contractor or Representatives and any other person, partnership, firm, corporation, association or other legal entity acting in concert with Employee Contractor from any actual or threatened unauthorized disclosure or use of Confidential Information, in whole or in part, or from rendering any service to any other person, partnership, firm, corporation, association or other legal entity to whom such Confidential Information in whole or in part, has been disclosed or used or is threatened to be disclosed or used; and b. Temporary and permanent injunctive relief, without the necessity of posting being required to post a bond, restraining the Employee Contractor from violating, directly or indirectly, the restrictions of the Restrictive Covenant in any capacity identified in Paragraph 8, supra, and restricting third parties from aiding and abetting any violations of the Restrictive Covenant; and c. Compensatory damages, including actual loss from misappropriation and unjust enrichment, and . Contractor further agrees to pay any and all legal fees, including without limitation, all attorneys’ fees, court costs, and any other related fees and/or costs incurred by the Company in enforcing this Agreement. Notwithstanding the forgoingforegoing, the Company acknowledges and agrees that the Employee Contractor will not be liable for the payment of any damages or fees owed to the Company through the operation of Paragraph 10c Paragraphs 9c above, unless and until a court of competent jurisdiction or arbitration panel has determined that the Company or any successor of its assignees, successors or Affiliated Entities is entitled to such recovery. Nothing in this Agreement shall be construed as prohibiting the Company or any Affiliated Entities from pursuing any other legal or equitable remedies available to it for actual or threatened breach of the provisions of Paragraphs 1 – 8 of this Agreement, and the existence of any claim or cause of action by Employee Contractor against the Company shall or any of its Affiliated Entities may not constitute a defense to the enforcement by the Company or any of its Affiliated Entities of any of the provisions of this Agreement. The Company and its Affiliated Entities have fully performed all obligations entitling it to the covenants of Paragraphs 1 – 8 of this Agreement and therefore such prohibitions are not executory or otherwise subject to rejection under the bankruptcy code.

Specific Performance; Injunction. The Parties agree and acknowledge that the restrictions contained in Paragraphs 1-8 6 are reasonable in scope and duration and are necessary to protect the CompanyCompany or any of its Affiliated Entities. If any provision of Paragraphs 1-8 6 as applied to any party or to any circumstance is judged adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstance or the validity or enforceability of any other provision of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, EMPLOYEE’S INITIALS /s/ SR the Parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. Any material unauthorized use or disclosure of Confidential Information information in violation of Paragraphs 2-7 5 above or violation of the Restrictive Covenant in Paragraph 8 6 shall constitute a material breach of this Agreement Agreement, may constitute misappropriation under California law, and will may cause irreparable harm and loss to the Company or any of its Affiliated Entities for which monetary damages may will be an insufficient remedy. Therefore, the Parties agree that in addition to any other remedy available, the Company will or any of its Affiliated Entities may be entitled to all of available civil remedies, including: a. Temporary and permanent injunctive relief, without the necessity of posting being required to post a bond, restraining Employee Contractor or Representatives and any other person, partnership, firm, corporation, association or other legal entity acting in concert with Employee Contractor from any actual or threatened unauthorized disclosure or use of Confidential Information, in whole or in part, or from rendering any service to any other person, partnership, firm, corporation, association or other legal entity to whom such Confidential Information in whole or in part, has been disclosed or used or is threatened to be disclosed or used; and b. Temporary and permanent injunctive relief, without the necessity of posting being required to post a bond, restraining the Employee Contractor from violating, directly or indirectly, the restrictions of the Restrictive Covenant in any capacity identified in Paragraph 86, supra, and restricting third parties from aiding and abetting any violations of the Restrictive Covenant; and c. Compensatory damages, including actual loss from misappropriation and unjust enrichment, and . Contractor further agrees to pay any and all legal fees, including without limitation, all attorneys’ fees, court costs, and any other related fees and/or costs incurred by the Company in enforcing this Agreement. Notwithstanding the forgoingforegoing, the Company acknowledges and agrees that the Employee Contractor will not be liable for the payment of any damages or fees owed to the Company through the operation of Paragraph 10c Paragraphs 9c above, unless and until a court of competent jurisdiction or arbitration panel has determined that the Company or any successor of its assignees, successors or Affiliated Entities is entitled to such recovery. Nothing in this Agreement shall be construed as prohibiting the Company or any Affiliated Entities from pursuing any other legal or equitable remedies available to it for actual or threatened breach of the provisions of Paragraphs 1 – 8 6 of this Agreement, and the existence of any claim or cause of action by Employee Contractor against the Company shall or any of its Affiliated Entities may not constitute a defense to the enforcement by the Company or any of its Affiliated Entities of any of the provisions of this Agreement. The Company and its Affiliated Entities have fully performed all obligations entitling it to the covenants of Paragraphs 1 – 8 6 of this Agreement and therefore such prohibitions are not executory or otherwise subject to rejection under the bankruptcy code.

Specific Performance; Injunction. The Parties agree and acknowledge that the restrictions contained in Paragraphs 1-8 6 are reasonable in scope and duration and are necessary to protect the CompanyCompany or any of its Affiliated Entities. If any provision of Paragraphs 1-8 6 as applied to any party or to any circumstance is judged adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstance or the validity or enforceability of any other provision of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, EMPLOYEE’S INITIALS /s/ SR the Parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. Any material unauthorized use or disclosure of Confidential Information information in violation of Paragraphs 2-7 5 above or violation of the Restrictive Covenant in Paragraph 8 6 shall constitute a material breach of this Agreement Agreement, may constitute misappropriation under California law, and will may cause irreparable harm and loss to the Company or any of its Affiliated Entities for which monetary damages may will be an insufficient remedy. Therefore, the Parties agree that in addition to any other remedy available, the Company will or any of its Affiliated Entities may be entitled to all of available civil remedies, including: a. Temporary and permanent injunctive relief, without the necessity of posting being required to post a bond, restraining Employee Contractor or Representatives and any other person, partnership, firm, corporation, association or other legal entity acting in concert with Employee Contractor from any actual or threatened unauthorized disclosure or use of Confidential Information, in whole or in part, or from rendering any service to any other person, partnership, firm, corporation, association or other legal entity to whom such Confidential Information in whole or in part, has been disclosed or used or is threatened to be disclosed or used; andand CONTRACTOR’S INITIALS /s/ M.A. b. Temporary and permanent injunctive relief, without the necessity of posting being required to post a bond, restraining the Employee Contractor from violating, directly or indirectly, the restrictions of the Restrictive Covenant in any capacity identified in Paragraph 86, supra, and restricting third parties from aiding and abetting any violations of the Restrictive Covenant; and c. Compensatory damages, including actual loss from misappropriation and unjust enrichment, and . Contractor further agrees to pay any and all legal fees, including without limitation, all attorneys’ fees, court costs, and any other related fees and/or costs incurred by the Company in enforcing this Agreement. Notwithstanding the forgoingforegoing, the Company acknowledges and agrees that the Employee Contractor will not be liable for the payment of any damages or fees owed to the Company through the operation of Paragraph 10c Paragraphs 9c above, unless and until a court of competent jurisdiction or arbitration panel has determined that the Company or any successor of its assignees, successors or Affiliated Entities is entitled to such recovery. Nothing in this Agreement shall be construed as prohibiting the Company or any Affiliated Entities from pursuing any other legal or equitable remedies available to it for actual or threatened breach of the provisions of Paragraphs 1 – 8 6 of this Agreement, and the existence of any claim or cause of action by Employee Contractor against the Company shall or any of its Affiliated Entities may not constitute a defense to the enforcement by the Company or any of its Affiliated Entities of any of the provisions of this Agreement. The Company and its Affiliated Entities have fully performed all obligations entitling it to the covenants of Paragraphs 1 – 8 6 of this Agreement and therefore such prohibitions are not executory or otherwise subject to rejection under the bankruptcy code.

Specific Performance; Injunction. The Parties agree and acknowledge that the restrictions contained in Paragraphs 1-8 are reasonable in scope and duration and are necessary to protect the Company. If any provision of Paragraphs 1-8 as applied to any party Party or to any circumstance is judged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstance or the validity or enforceability of any other provision of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, EMPLOYEE’S INITIALS /s/ SR the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. Any unauthorized use or disclosure of Confidential Information in violation of Paragraphs 21-7 6 above or violation of the Restrictive Covenant Nonsolicitation Covenants in Paragraph 8 7 shall constitute a material breach of this Agreement and will may cause irreparable harm and potential loss to the Company for which monetary damages may be an insufficient remedy. Therefore, in addition to any other remedy available, the Company will be entitled to all available civil remedies, including: a. Temporary and permanent injunctive relief, without the necessity of posting a bond, restraining Employee Director or Representatives [or POSCO/HANWA/ SVIC No. 15 New Technology Business Investment L.L.P.] and any other person, partnership, firm, corporation, association or other legal entity acting in concert with Employee Director from any actual or threatened unauthorized disclosure or use of Confidential Information, in whole or in part, or from rendering any service to any other person, partnership, firm, corporation, association or other legal entity to whom such Confidential Information in whole or in part, has been disclosed or used or is threatened to be disclosed or used; and b. Temporary and permanent injunctive relief, without the necessity of posting a bond, restraining the Employee Director from violating, directly or indirectly, the restrictions of the Restrictive Covenant Nonsolicitation Covenants in any capacity identified in Paragraph 87, supra, and restricting third parties from aiding and abetting any violations of the Restrictive CovenantNonsolicitation Covenants; and c. Compensatory damages, including actual loss from misappropriation and unjust enrichment, and any and all legal fees, including without limitation, all attorneys’ fees, court costs, and any other related fees and/or costs incurred by the Company in enforcing this Agreement. Notwithstanding the forgoing, the Company acknowledges and agrees that the Employee Director will not be liable for the payment of any damages or fees owed to the Company through the operation of Paragraph 10c 9c above, unless and until a court of competent jurisdiction has determined that the Company or any successor is entitled to such recovery. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other legal or equitable remedies available to it for actual or threatened breach of the provisions of Paragraphs 1 – 8 7 of this Agreement, and the existence of any claim or cause of action by Employee Director against the Company shall not constitute a defense to the enforcement by the Company of any of the provisions of this Agreement. The Company and its Affiliated Entities affiliates have fully performed all obligations entitling it to the covenants of Paragraphs 1 – 8 7 of this Agreement and therefore such prohibitions are not executory or otherwise subject to rejection under the bankruptcy code.