Common use of Survival, Rights and Remedies Clause in Contracts

Survival, Rights and Remedies. The provisions of this Section 5 shall survive the termination of this Agreement and the termination of Executive's employment with the Company and shall run to and inure to the benefit of the Company and its successors and assigns. Executive represents, warrants and acknowledges that he has carefully read this Section 5, that he has had an opportunity to have the provisions contained herein explained to him by his attorney, and that he understands the provisions contained herein. Executive further acknowledges that, by reason of his training, skills, experience and employment hereunder, the services to be rendered by him under the provisions of this Agreement and their value to the Company are of a special, unique and extraordinary character and that it would be difficult or impossible to replace such services, and he further acknowledges that a violation by him of any of the provisions of this Section 5 could cause continuing material and irreparable injury to the Company and that in such event money damages would not be readily calculable and the Company would not have an adequate remedy at law. Executive acknowledges and agrees that (i) the restrictions under this Section 5 are reasonable and will not interfere with Executive's ability to earn a livelihood or impose upon him any undue hardship, and (ii) any breach of the covenants, provisions and restrictions contained in this Section 5 shall cause, and shall be deemed to be, a fundamental and material breach of Executive's fiduciary and contractual obligations to Employer. Therefore, Executive agrees that the Company shall be authorized and entitled to obtain from any court of competent jurisdiction, interim and permanent equitable relief, including without limitation, injunctive relief, in the event of any such breach or threatened breach of the provisions of this Section 5, together with payment of reasonable attorneys' fees and disbursements and any other costs of enforcement incurred in connection with such breach or threatened breach. These rights and remedies shall be cumulative and shall be in addition to any other rights or remedies whatsoever to which the Company shall otherwise be entitled hereunder, at law or otherwise, including the right to seek damages (including any consequential damages) which any court of competent jurisdiction may deem appropriate.

Survival, Rights and Remedies. The provisions of this Section 5 shall survive the termination of this Agreement and the termination of Executive's employment with the Company and shall run to and inure to the benefit of the Company and its successors and assigns. Executive represents, warrants and acknowledges that he has carefully read this Section 5, that he has had an opportunity to have the provisions contained herein explained to him by his attorney, and that he understands the provisions contained herein. Executive further acknowledges that, by reason of his training, skills, experience and employment hereunder, the services to be rendered by him under the provisions of this Agreement and their value to the Company are of a special, unique and extraordinary character and that it would be difficult or impossible to replace such services, and he further acknowledges that a violation by him of any of the provisions of this Section 5 could cause continuing material and irreparable injury to the Company and that in such event money damages would not be readily calculable and the Company would not have an adequate remedy at law. Executive acknowledges and agrees that (i) the restrictions under this Section 5 are reasonable and will not interfere with Executive's ability to earn a livelihood or impose upon him any undue hardship, and (ii) any breach of the covenants, provisions and restrictions contained in this Section 5 shall cause, and shall be deemed to be, a fundamental and material breach of Executive's fiduciary and contractual obligations to Employer. Therefore, Executive agrees that the Company shall be authorized and entitled to obtain from any court of competent jurisdiction, interim and permanent equitable relief, including without limitation, injunctive relief, in the event of any such breach or threatened breach of the provisions of this Section 5, together with and the prevailing party shall be entitled to payment of reasonable attorneys' fees and disbursements and any other costs of enforcement incurred in connection with any proceedings in connection with such breach or threatened breach. These rights and remedies shall be cumulative and shall be in addition to any other rights or remedies whatsoever to which the Company shall otherwise be entitled hereunder, at law or otherwise, including the right to seek damages (including any consequential damages) which any court of competent jurisdiction may deem appropriate.