Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to i3 Mobile shall include all current and future majority-owned subsidiaries of i3 Mobile and all current and future joint ventures in which i3 Mobile shall have a significant ownership or operational interest. It is understood by Lack and i3 Mobile that the covenants contained in this Section 11 and in Sections 8, 9 and 10 hereof are essential elements of this Agreement and that, but for the agreement of Lack to comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Lack have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by i3 Mobile and all interests of i3 Mobile. Lack agrees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Lack commits a breach of any of the provisions of Sections 8, 9 or 10 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, Lack acknowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Lack therefore understands and agrees that i3 Mobile shall have (i) the right to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to i3 Mobile and that money damages will not provide an adequate remedy to i3 Mobile, and (ii) the right to require Lack to account for and pay over to i3 Mobile all compensation, profits, monies, accruals, increments and other benefits (collectively "Benefits") derived or received by Lack as a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Lack hereby agrees to account for and pay over such Benefits to i3 Mobile.
Appears in 1 contract
Samples: Employment Agreement (I3 Mobile Inc)
Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to i3 Mobile shall include all current and future majority-owned subsidiaries of i3 Mobile and all current and future joint ventures in which i3 Mobile shall have a significant ownership or operational interestmay from time to time be involved. It is understood by Lack and McMexxxxx xxx i3 Mobile that the covenants contained in this Section 11 and in Sections 8, 9 and 10 hereof are essential elements of this Agreement and that, but for the agreement of Lack to McMexxxxx xx comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Lack have McMexxxxx xxxe independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by i3 Mobile and all interests of i3 Mobile. Lack agrees McMexxxxx xxxees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Lack commits McMexxxxx xxxmits a breach of any of the provisions of Sections 8, 9 or 10 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, Lack acknowledges McMexxxxx xxxnowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Lack therefore McMexxxxx xxxrefore understands and agrees that i3 Mobile shall have (i) the right to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to i3 Mobile and that money damages will not provide an adequate remedy to i3 Mobile, and (ii) the right to require Lack to McMexxxxx xx account for and pay over to i3 Mobile all compensation, profits, monies, accruals, increments and other benefits (collectively "Benefits") derived or received by Lack as McMexxxxx xx a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Lack hereby McMexxxxx xxxeby agrees to account for and pay over such Benefits to i3 Mobile.
Appears in 1 contract
Samples: Employment Agreement (I3 Mobile Inc)
Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to i3 Mobile III shall include all current and future majority-owned subsidiaries of i3 Mobile III and all current and future joint ventures in which i3 Mobile shall have a significant ownership or operational interestIII may from time to time be involved. It is understood by Lack and i3 Mobile Maloxxx xxx III that the covenants contained in this Section 11 and in Sections 8, 9 and 10 hereof are essential elements of this Agreement and that, but for the agreement of Lack to Maloxxx xx comply with such covenants, i3 Mobile III would not have agreed to enter into this Agreement. i3 Mobile III and Lack have Maloxxx xxxe independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by i3 Mobile III and all interests of i3 MobileIII. Lack agrees Maloxxx xxxees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Lack commits Maloxxx xxxmits a breach of any of the provisions of Sections 8, 9 or 10 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, Lack acknowledges Maloxxx xxxnowledges that i3 Mobile III may have no adequate remedy at law if he violates any of the terms hereof. Lack therefore Maloxxx xxxrefore understands and agrees that i3 Mobile III shall have (i) the right to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to i3 Mobile III and that money damages will not provide an adequate remedy to i3 MobileIII, and (ii) the right to require Lack to Maloxxx xx account for and pay over to i3 Mobile III all compensation, profits, monies, accruals, increments and other benefits (collectively "Benefits") derived or received by Lack as Maloxxx xx a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Lack hereby Maloxxx xxxeby agrees to account for and pay over such Benefits to i3 MobileIII.
Appears in 1 contract
Samples: Employment Agreement (I3 Mobile Inc)
Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to i3 Mobile shall include all current and future majority-owned subsidiaries of i3 Mobile and all current and future joint ventures in which i3 Mobile shall have a significant ownership or operational interestmay from time to time be involved. It is understood by Lack Neuscheler and i3 Mobile that the covenants contained in this Section 11 and in Sections 8, 9 and 10 hereof are essential elements of this Agreement and that, but for the agreement of Lack Neuscheler to comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Lack Neuscheler have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by i3 Mobile and all interests of i3 Mobile. Lack Neuscheler agrees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Lack Neuscheler commits a breach of any of the provisions of Sections 8, 9 or 10 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, Lack Neuscheler acknowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Lack Neuscheler therefore understands and agrees that i3 Mobile shall have (i) the right to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to i3 Mobile and that money damages will not provide an adequate remedy to i3 Mobile, and (ii) the right to require Lack Neuscheler to account for and pay over to i3 Mobile all compensation, profits, monies, accruals, increments and other benefits (collectively "Benefits") derived or received by Lack Neuscheler as a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Lack Neuscheler hereby agrees to account for and pay over such Benefits to i3 Mobile.
Appears in 1 contract
Samples: Employment Agreement (I3 Mobile Inc)
Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to i3 Mobile shall include all current and future majority-owned subsidiaries of i3 Mobile and all current and future joint ventures in which i3 Mobile shall have a significant ownership or operational interestmay from time to time be involved. It is understood by Lack Xxxxxxxx and i3 Mobile that the covenants contained in this Section 11 and in Sections 8, 9 and 10 hereof are essential elements of this Agreement and that, but for the agreement of Lack Xxxxxxxx to comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Lack Xxxxxxxx have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by i3 Mobile and all interests of i3 Mobile. Lack Xxxxxxxx agrees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Lack Xxxxxxxx commits a breach of any of the provisions of Sections 8, 9 or 10 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, Lack Xxxxxxxx acknowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Lack Xxxxxxxx therefore understands and agrees that i3 Mobile shall have (i) the right to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to i3 Mobile and that money damages will not provide an adequate remedy to i3 Mobile, and (ii) the right to require Lack Xxxxxxxx to account for and pay over to i3 Mobile all compensation, profits, monies, accruals, increments and other benefits (collectively "Benefits") derived or received by Lack Xxxxxxxx as a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Lack Xxxxxxxx hereby agrees to account for and pay over such Benefits to i3 Mobile.
Appears in 1 contract
Samples: Employment Agreement (I3 Mobile Inc)
Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to i3 Mobile shall include all current and future majority-owned subsidiaries of i3 Mobile and all current and future joint ventures in which i3 Mobile shall have a significant ownership or operational interestmay from time to time be involved. It is understood by Lack Leventhal and i3 Mobile that the covenants contained in this Section 11 and in 00 xxx xx Sections 8, 9 and 10 hereof are essential elements of this Agreement and that, but for the agreement of Lack Leventhal to comply with such covenants, i3 Mobile would not have agreed to enter agrxxx xx xxter into this Agreement. i3 Mobile and Lack Leventhal have independently consulted with their respective counsel and have xxx xxxx been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by i3 Mobile and all interests of i3 Mobile. Lack Leventhal agrees that the covenants thx xxxxxxxts of Sections 8, 9 or 10 hereof are reasonable and valid. If Lack Leventhal commits a breach of any of the provisions of Sections 8, 9 or 10 hereofxx 00 xxxeof, such breach shall be deemed to be grounds for termination for Cause. In addition, Lack Leventhal acknowledges that i3 Mobile may have no adequate remedy at law if he xxx xx xxe violates any of the terms hereof. Lack Leventhal therefore understands and agrees that i3 Mobile shall have (ix) the right xxx xight to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to i3 Mobile and that money damages will not provide an adequate remedy to i3 Mobile, and (ii) the right to require Lack Leventhal to account for and pay over to i3 Mobile all compensation, profitsxxxxxxx, monies, accruals, increments and other benefits (collectively "Benefits") derived or received by Lack Leventhal as a result of any transaction constituting a breach of any of the provisions xx xxx xrovisions of Sections 8, 9 or 10 and Lack Leventhal hereby agrees to account for and pay over such Benefits to i3 Mobilex0 Xxxxxx.
Appears in 1 contract
Samples: Employment Agreement (I3 Mobile Inc)
Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to i3 Mobile shall include all current and future majority-owned subsidiaries of i3 Mobile and all current and future joint ventures in which i3 Mobile shall have a significant ownership or operational interestmay from time to time be involved. It is understood by Lack XxXxxx and i3 Mobile that the covenants contained in this Section 11 and in Sections 8, 9 and 10 hereof are essential elements of this Agreement and that, but for the agreement of Lack XxXxxx to comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Lack XxXxxx have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by i3 Mobile and all interests of i3 Mobile. Lack XxXxxx agrees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Lack XxXxxx commits a breach of any of the provisions of Sections 8, 9 or 10 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, Lack XxXxxx acknowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Lack XxXxxx therefore understands and agrees that i3 Mobile shall have (i) the right to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to i3 Mobile and that money damages will not provide an adequate remedy to i3 Mobile, and (ii) the right to require Lack XxXxxx to account for and pay over to i3 Mobile all compensation, profits, monies, accruals, increments and other benefits (collectively "Benefits") derived or received by Lack XxXxxx as a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Lack XxXxxx hereby agrees to account for and pay over such Benefits to i3 Mobile.
Appears in 1 contract
Samples: Employment Agreement (I3 Mobile Inc)
Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to i3 Mobile shall include all current and future majority-owned subsidiaries of i3 Mobile and all current and future joint ventures in which i3 Mobile shall have a significant ownership or operational interestmay from time to time be involved. It is understood by Lack and Katzxxx xxx i3 Mobile that the covenants contained in this Section 11 and in Sections 8, 9 and 10 hereof are essential elements of this Agreement and that, but for the agreement of Lack to Katzxxx xx comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Lack have Katzxxx xxxe independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by i3 Mobile and all interests of i3 Mobile. Lack agrees Katzxxx xxxees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Lack commits Katzxxx xxxmits a breach of any of the provisions of Sections 8, 9 or 10 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, Lack acknowledges Katzxxx xxxnowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Lack therefore Katzxxx xxxrefore understands and agrees that i3 Mobile shall have (i) the right to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to i3 Mobile and that money damages will not provide an adequate remedy to i3 Mobile, and (ii) the right to require Lack to Katzxxx xx account for and pay over to i3 Mobile all compensation, profits, monies, accruals, increments and other benefits (collectively "Benefits") derived or received by Lack as Katzxxx xx a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Lack hereby Katzxxx xxxeby agrees to account for and pay over such Benefits to i3 Mobile.
Appears in 1 contract
Samples: Employment Agreement (I3 Mobile Inc)
Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to i3 Mobile shall include all current and future majority-owned subsidiaries of i3 Mobile and all current and future joint ventures in which i3 Mobile shall have a significant ownership or operational interestmay from time to time be involved. It is understood by Lack Xxxxxxx and i3 Mobile that the covenants contained in this Section 11 and in Sections 8, 9 and 10 hereof are essential elements of this Agreement and that, but for the agreement of Lack Xxxxxxx to comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Lack Xxxxxxx have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business currently conducted by i3 Mobile and all interests of i3 Mobile. Lack Xxxxxxx agrees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Lack Xxxxxxx commits a breach of any of the provisions of Sections 8, 9 or 10 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, Lack Xxxxxxx acknowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Lack Xxxxxxx therefore understands and agrees that i3 Mobile shall have have
(i) the right to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to i3 Mobile and that money damages will not provide an adequate remedy to i3 Mobile, and (ii) the right to require Lack Xxxxxxx to account for and pay over to i3 Mobile all compensation, profits, monies, accruals, increments and other benefits (collectively "Benefits") derived or received by Lack Xxxxxxx as a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Lack Xxxxxxx hereby agrees to account for and pay over such Benefits to i3 Mobile.
Appears in 1 contract
Samples: Employment Agreement (I3 Mobile Inc)
Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to i3 Mobile shall include all current and future majority-owned subsidiaries of i3 Mobile and all current and future joint ventures in which i3 Mobile shall have a significant ownership or operational interest. It is understood by Lack and Maloxxx xxx i3 Mobile that the covenants contained in this Section 11 and in Sections 8, 9 and 10 hereof are essential elements of this Agreement and that, but for the agreement of Lack to Maloxxx xx comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Lack have Maloxxx xxxe independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by i3 Mobile and all interests of i3 Mobile. Lack agrees Maloxxx xxxees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Lack commits Maloxxx xxxmits a breach of any of the provisions of Sections 8, 9 or 10 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, Lack acknowledges Maloxxx xxxnowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Lack therefore Maloxxx xxxrefore understands and agrees that i3 Mobile shall have (i) the right to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to i3 Mobile and that money damages will not provide an adequate remedy to i3 Mobile, and (ii) the right to require Lack to Maloxxx xx account for and pay over to i3 Mobile all compensation, profits, monies, accruals, increments and other benefits (collectively "Benefits") derived or received by Lack as Maloxxx xx a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Lack hereby Maloxxx xxxeby agrees to account for and pay over such Benefits to i3 Mobile.
Appears in 1 contract
Samples: Employment Agreement (I3 Mobile Inc)
Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to i3 Mobile shall include all current and future majority-owned subsidiaries of i3 Mobile and all current and future joint ventures in which i3 Mobile shall have a significant ownership or operational interestmay from time to time be involved. It is understood by Lack and Tragxx xxx i3 Mobile that the covenants contained in this Section 11 and in Sections 8, 9 and 10 hereof are essential elements of this Agreement and that, but for the agreement of Lack to Tragxx xx comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Lack have Tragxx xxxe independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by i3 Mobile and all interests of i3 Mobile. Lack agrees Tragxx xxxees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Lack commits Tragxx xxxmits a breach of any of the provisions of Sections 8, 9 or 10 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, Lack acknowledges Tragxx xxxnowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Lack therefore Tragxx xxxrefore understands and agrees that i3 Mobile shall have (i) the right to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to i3 Mobile and that money damages will not provide an adequate remedy to i3 Mobile, and (ii) the right to require Lack to Tragxx xx account for and pay over to i3 Mobile all compensation, profits, monies, accruals, increments and other benefits (collectively "Benefits") derived or received by Lack as Tragxx xx a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Lack hereby Tragxx xxxeby agrees to account for and pay over such Benefits to i3 Mobile.
Appears in 1 contract
Samples: Employment Agreement (I3 Mobile Inc)
Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to i3 Mobile shall include all current and future majority-owned subsidiaries of i3 Mobile and all current and future joint ventures in which i3 Mobile shall have a significant ownership or operational interestmay from time to time be involved. It is understood by Lack Wamae and i3 Mobile that the covenants contained in this Section 11 and in Sections 8, 9 and 10 hereof are essential elements of this Agreement and that, but for the agreement of Lack Wamae to comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Lack Wamae have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by i3 Mobile and all interests of i3 Mobile. Lack Wamae agrees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Lack Wamae commits a breach of any of the provisions of Sections 8, 9 or 10 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, Lack Wamae acknowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Lack Wamae therefore understands and agrees that i3 Mobile shall have (i) the right to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to i3 Mobile and that money damages will not provide an adequate remedy to i3 Mobile, and (ii) the right to require Lack Wamae to account for and pay over to i3 Mobile all compensation, profits, monies, accruals, increments and other benefits (collectively "Benefits") derived or received by Lack Wamae as a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Lack Wamae hereby agrees to account for and pay over such Benefits to i3 Mobile.
Appears in 1 contract
Samples: Employment Agreement (I3 Mobile Inc)