Common use of Specific Performance; Other Rights and Remedies Clause in Contracts

Specific Performance; Other Rights and Remedies. Optionee recognizes and agrees that ATC’s remedy at law for any breach of the provisions of this Agreement, including without limitation Sections 2, 3, or 4, would be inadequate, and he agrees that for breach of such provisions, ATC shall, in addition to such other remedies as may be available to it at law or in equity or as provided in this Agreement, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by applicable law. Without limiting the generality of the foregoing, in the event of a breach or threatened breach by Optionee of the provisions of this Agreement, ATC shall be entitled to an injunction restraining Optionee from soliciting employees, customers or suppliers, or from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any Person to whom such information has been disclosed, or is threatened to be disclosed, from engaging, participating or otherwise being connected with any business described in Section 4 or from otherwise violating the terms of this Agreement. Nothing herein contained shall be construed as prohibiting each party from pursuing any other remedies available to it pursuant to the provisions of, and subject to the limitations contained in, this Agreement for such breach or threatened breach; provided, however, that none of the parties shall pursue, and each party hereby waives, any punitive, indirect, special, incidental, exemplary, consequential or similar damages arising out of this Agreement (including without limitation damages for diminution in value and loss of anticipated profits) and the multiplied portion of damages.

Specific Performance; Other Rights and Remedies. Optionee Gearon recognizes and agrees that ATC’s 's remedy at law for any breach of the provisions of this Agreement, including without limitation Sections 2, 3, or 4, 4 would be inadequate, and he agrees that for breach of such provisions, ATC shall, in addition to such other remedies as may be available to it at law or in equity or as provided in this Agreement, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by applicable law. Without limiting the generality of the foregoing, in the event of a breach or threatened breach by Optionee Gearon of the provisions of this Agreement, ATC shall be entitled to an injunction restraining Optionee Gearon from soliciting employees, customers or suppliers, or from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any Person to whom such information has been disclosed, or is threatened to be disclosed, from engaging, participating or otherwise being connected with any business described in Section 4 3 or from otherwise violating the terms of this Agreement. Nothing herein contained shall be construed as prohibiting each party from pursuing any other remedies available to it pursuant to the provisions of, and subject to the limitations contained in, this Agreement for such breach or threatened breach; provided, however, that none of the parties shall pursue, and each party hereby waives, any punitive, indirect, special, incidental, exemplary, consequential or similar damages arising out of this Agreement (including without limitation damages for diminution in value and loss of anticipated profits) and the multiplied portion of damages.

Specific Performance; Other Rights and Remedies. Optionee Xxx-Xxxx recognizes ----------------------------------------------- and agrees that ATC’s he Company's remedy at law for any breach of the provisions of this Agreement, including without limitation Sections 2, 3, or 4, Agreement would be inadequate, and he agrees that that, for breach of such provisions, ATC the Company shall, in addition to such other remedies as may be available to it at law or in equity or as provided in this Agreement, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by applicable law. Without limiting the generality of the foregoing, in the event of a breach or threatened breach by Optionee Xxx-Xxxx of the provisions of this Agreement, ATC the Company shall be entitled to an injunction restraining Optionee Xxx-Xxxx from soliciting employeesemployers, customers or suppliers, or from disclosing, in whole or in part, any Confidential Information, or from rendering any services to any Person third person or entity to whom such information has been disclosed, or is threatened to be disclosed, disclosed from engaging, participating or otherwise being connected in connection with any business described in Section 4 this Agreement hereof or from otherwise violating the terms of this Agreement. Nothing herein contained shall be construed as prohibiting each party the Company from pursuing any other remedies available to it pursuant to the provisions of, and subject to the limitations contained in, this Agreement for such breach or threatened breach; provided, however, that none of the parties shall pursue, and each party hereby waives, any punitive, indirect, special, incidental, exemplary, consequential or similar damages arising out of this Agreement (including without limitation the recovery of damages for diminution in value and loss of anticipated profits) from Xxx-Xxxx, and the multiplied portion legal fees incurred by Seller. Should Xxx-Xxxx engage in any activities prohibited by this Agreement, he agrees to pay over to the Company all compensation, remunerations or monies or property of damagesany sort received in connection with such activities, and such payment shall not impair any rights or remedies of the Company hereto or the obligations or liabilities of Xxx-Xxxx under this Agreement.