Common use of Specific Remedies Clause in Contracts

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 may from time to time be involved. It is understood by 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 Xxxxxxxx to comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and 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. Xxxxxxxx agrees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If 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, Xxxxxxxx acknowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. 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 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 Xxxxxxxx as a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Xxxxxxxx hereby agrees to account for and pay over such Benefits to i3 Mobile.

Appears in 1 contract

Samples: Employment Agreement (I3 Mobile Inc)

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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 may from time to time be involved. It is understood by Xxxxxxxx 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 Xxxxxxxx Leventhal to comply with such covenants, i3 Mobile would not have agreed to enter agrxxx xx xxter into this Agreement. i3 Mobile and Xxxxxxxx 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. Xxxxxxxx Leventhal agrees that the covenants thx xxxxxxxts of Sections 8, 9 or 10 hereof are reasonable and valid. If Xxxxxxxx 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, Xxxxxxxx Leventhal acknowledges that i3 Mobile may have no adequate remedy at law if he xxx xx xxe violates any of the terms hereof. Xxxxxxxx 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 Xxxxxxxx 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 Xxxxxxxx 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 Xxxxxxxx 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 may from time to time be involved. It is understood by Xxxxxxxx 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 Xxxxxxxx to Tragxx xx comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Xxxxxxxx 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. Xxxxxxxx agrees Tragxx xxxees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Xxxxxxxx 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, Xxxxxxxx acknowledges Tragxx xxxnowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Xxxxxxxx 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 Xxxxxxxx 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 Xxxxxxxx as Tragxx xx a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Xxxxxxxx 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 may from time to time be involvedshall have a significant ownership or operational interest. It is understood by Xxxxxxxx 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 Xxxxxxxx to Maloxxx xx comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Xxxxxxxx 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. Xxxxxxxx agrees Maloxxx xxxees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Xxxxxxxx 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, Xxxxxxxx acknowledges Maloxxx xxxnowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Xxxxxxxx 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 Xxxxxxxx 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 Xxxxxxxx as Maloxxx xx a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Xxxxxxxx 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 may from time to time be involved. It is understood by Xxxxxxxx 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 Xxxxxxxx to Katzxxx xx comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Xxxxxxxx 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. Xxxxxxxx agrees Katzxxx xxxees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Xxxxxxxx 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, Xxxxxxxx acknowledges Katzxxx xxxnowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Xxxxxxxx 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 Xxxxxxxx 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 Xxxxxxxx as Katzxxx xx a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Xxxxxxxx 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 may from time to time be involved. It is understood by Xxxxxxxx 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 Xxxxxxxx XxXxxx to comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Xxxxxxxx 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. Xxxxxxxx XxXxxx agrees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Xxxxxxxx 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, Xxxxxxxx XxXxxx acknowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Xxxxxxxx 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 Xxxxxxxx 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 Xxxxxxxx XxXxxx as a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Xxxxxxxx XxXxxx hereby agrees to account for and pay over such Benefits to i3 Mobile.

Appears in 1 contract

Samples: Employment Agreement (I3 Mobile Inc)

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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 may from time to time be involved. It is understood by Xxxxxxxx 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 Xxxxxxxx to McMexxxxx xx comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Xxxxxxxx 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. Xxxxxxxx agrees McMexxxxx xxxees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Xxxxxxxx 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, Xxxxxxxx acknowledges McMexxxxx xxxnowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Xxxxxxxx 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 Xxxxxxxx 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 Xxxxxxxx as McMexxxxx xx a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Xxxxxxxx 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 shall include all current and future majority-owned subsidiaries of i3 Mobile and all current and future joint ventures in which i3 Mobile may from time to time be involved. It is understood by Xxxxxxxx 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 Xxxxxxxx Neuscheler to comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Xxxxxxxx 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. Xxxxxxxx Neuscheler agrees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Xxxxxxxx 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, Xxxxxxxx Neuscheler acknowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Xxxxxxxx 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 Xxxxxxxx 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 Xxxxxxxx Neuscheler as a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Xxxxxxxx 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 may from time to time be involved. It is understood by Xxxxxxxx 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 Xxxxxxxx Wamae to comply with such covenants, i3 Mobile would not have agreed to enter into this Agreement. i3 Mobile and Xxxxxxxx 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. Xxxxxxxx Wamae agrees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If Xxxxxxxx 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, Xxxxxxxx Wamae acknowledges that i3 Mobile may have no adequate remedy at law if he violates any of the terms hereof. Xxxxxxxx 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 Xxxxxxxx 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 Xxxxxxxx Wamae as a result of any transaction constituting a breach of any of the provisions of Sections 8, 9 or 10 and Xxxxxxxx Wamae hereby agrees to account for and pay over such Benefits to i3 Mobile.

Appears in 1 contract

Samples: Employment Agreement (I3 Mobile Inc)

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