The Employee acknowledges. (i) that compliance with the restrictive provisions contained in Section 8 is necessary to protect the business and goodwill of the Company and its subsidiaries, and (ii) that a breach of this Agreement will result in irreparable and continuing damage to the Company, for which monetary damages may not provide adequate relief. Consequently, Employee agrees that in the event of a breach or threatened breach of any of the restrictive covenants described herein, the Company, at its discretion, shall be entitled to seek both: (i) a preliminary and/or permanent injunction in order to prevent such damage, or continuation of such damage, and (ii) monetary damages as determinable. Nothing herein, however, shall be construed to restrict and/or prohibit the Company from pursuing any and all other remedies; the employee acknowledges that all remedies are cumulative.
The Employee acknowledges. (a) that the Confidential Information is valuable to the Company and other Group Companies;
The Employee acknowledges. (i) the ARS Group has a legitimate business interest in the protection of its Confidential Information (as hereinafter defined); and (ii) the ARS Group's Confidential Information is a valuable asset worthy of and subject to protection by the ARS Group. Accordingly, the Employee covenants that: (i) during the Employment Term and thereafter, the Employee will keep confidential all Confidential Information of the ARS Group which is known to him and, except with the specific prior written consent of the general counsel of the Company or as required to be disclosed by law or the order of any agency, court or other governmental authority, not disclose that Confidential Information to any person except members of the ARS Group and their employees, accountants, counsel and other designated representatives. "Confidential Information" of the ARS Group means all know-how, trade secrets and other confidential or nonpublic information prepared for, by or on behalf of, or in the possession of, any member of the ARS Group, including (i) nonpublic Proprietary Information (as hereinafter defined), (ii) other information derived from reports, investigations, research, studies, work in progress, codes, marketing, sales or service programs, capital expenditure projects, cost summaries, equipment, product or system designs or drawings, pricing or other formulae, contract analyses, financial information, projections, customer lists, agreements with vendors, joint venture agreements, confidential filings with any agency, court or other governmental authority and (iii) all other concepts, methods, techniques and processes of doing business, ideas or information that can be used in the operation of a business or other enterprise and is sufficiently valuable, or potentially valuable, and secret to afford an actual or Dunn - Xirst Amended Employment Agreement
