THIS SECTION INTENTIONALLY LEFT BLANK. The Executive agrees and acknowledges that the restrictions contained in this Section 18 are reasonable in scope and duration and are necessary to protect the Company after the Commencement Date. If any provision of this Section 18 as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. The parties agree and acknowledge that the breach of this Section will cause irreparable damage to the Company and upon breach of any provision of this Section, the Company shall be entitled to injunctive relief, specific performance or other equitable relief; provided, however, that this shall in no way limit any other remedies which the Company may have (including, without limitation, the right to seek monetary damages).
Appears in 5 contracts
Samples: Employment Agreement (Metal Management Inc), Employment Agreement (Metal Management Inc), Employment Agreement (Metal Management Inc)