Common use of Violation of Restrictive Covenants Clause in Contracts

Violation of Restrictive Covenants. If the Employee breaches any of the terms of the restrictive covenants in Section 11(a) above, any outstanding portion of the Stock Option, whether vested or unvested, shall be immediately and irrevocably forfeited. Further, if any portion of the Stock Option that vested within twelve months prior to the termination of the Employee's employment with the Company or an Affiliated Employer or at any time after the Employee's termination has been exercised by the Employee, the Employee may be required to repay or otherwise reimburse the Company an amount having a value equal to the aggregate fair market value (determined as of the date of exercise) of any Common Shares transferred to the Employee as a result of the exercise of such Stock Option, less the exercise price paid for such Common Shares. This Section 11(b) does not constitute the Company’s exclusive remedy for the Employee's violation of the Employee's restrictive covenant obligations, and in the event of a breach or threatened breach by the Employee of any provision of Section 11(a), the Employee agrees that the Company and any applicable Affiliated Employer shall be entitled to an injunction or restraining order to prevent such breach or threatened breach in addition to any other remedies permitted by applicable law. This Section 11 shall be construed to the maximum extent permitted by applicable law and may be modified as strictly necessary to be legally enforceable as determined by a court of competent jurisdiction ruling on this Agreement. The Company may release the Employee from any and all provisions in this Section 11 by providing written notice of the release.

Violation of Restrictive Covenants. If the Employee breaches any of the terms of the restrictive covenants in Section 11(a10(a) above, any outstanding portion of the Stock Option, whether vested or unvested, all unvested Units shall be immediately and irrevocably forfeited. Further, if with respect to any portion of the Stock Option Units that vested within twelve (12) months prior to the termination of the Employee's employment with the Company or an Affiliated Employer or at any time after the Employee's termination has been exercised by the Employeetermination, the Employee may be required to repay or otherwise reimburse the Company an amount having a value equal to the aggregate fair market value (determined as of the date of exercisevesting) of any Common Shares transferred to the Employee as a result of the exercise vesting of such Stock Option, less the exercise price paid for such Common SharesUnits. This Section 11(b10(b) does not constitute the Company’s exclusive remedy for the Employee's violation of the Employee's restrictive covenant obligations, and in the event of a breach or threatened breach by the Employee of any provision of Section 11(a10(a), the Employee agrees that the Company and any applicable Affiliated Employer shall be entitled to an injunction or restraining order to prevent such breach or threatened breach in addition to any other remedies permitted by applicable law. This Section 11 10 shall be construed to the maximum extent permitted by applicable law and may be modified as strictly necessary to be legally enforceable as determined by a court of competent jurisdiction ruling on this Agreement. The Company may release the Employee from any and all provisions in this Section 11 10 by providing written notice of the release.

Violation of Restrictive Covenants. If the Employee breaches any of the terms of the restrictive covenants in Section 11(a) above, any outstanding portion of the Stock Option, whether vested or unvested, all unvested Units shall be immediately and irrevocably forfeited. Further, if with respect to any portion of the Stock Option Units that vested within twelve months prior to the termination of the Employee's employment with the Company or an Affiliated Employer or at any time after the Employee's termination has been exercised by the Employeetermination, the Employee may be required to repay or otherwise reimburse the Company an amount having a value equal to the aggregate fair market value (determined as of the date of exercisevesting) of any Common Shares transferred to the Employee as a result of the exercise vesting of such Stock OptionUnits, less including by means of forfeiting any Vested Units held during the exercise price paid for such Common SharesDeferral Period. This Section 11(b) does not constitute the Company’s exclusive remedy for the Employee's violation of the Employee's restrictive covenant obligations, and in the event of a breach or threatened breach by the Employee of any provision of Section 11(a), the Employee agrees that the Company and any applicable Affiliated Employer shall be entitled to an injunction or restraining order to prevent such breach or threatened breach in addition to any other remedies permitted by applicable law. This Section 11 shall be construed to the maximum extent permitted by applicable law and may be modified as strictly necessary to be legally enforceable as determined by a court of competent jurisdiction ruling on this Agreement. The Company may release the Employee from any and all provisions in this Section 11 by providing written notice of the release.

Violation of Restrictive Covenants. If the Employee breaches any of the terms of the restrictive covenants in Section 11(a) above, any outstanding portion of the Stock Option, whether vested or unvested, all unvested Units shall be immediately and irrevocably forfeited. Further, if with respect to any portion of the Stock Option Units that vested within twelve months prior to the termination of the Employee's employment with the Company or an Affiliated Employer or at any time after the Employee's termination has been exercised by the Employeetermination, the Employee may be required to repay or otherwise reimburse the Company an amount having a value equal to the aggregate fair market value (determined as of the date of exercisevesting) of any Common Shares transferred to the Employee as a result of the exercise vesting of such Stock Option, less the exercise price paid for such Common SharesUnits. This Section 11(b) does not constitute the Company’s exclusive remedy for the Employee's violation of the Employee's restrictive covenant obligations, and in the event of a breach or threatened breach by the Employee of any provision of Section 11(a), the Employee agrees that the Company and any applicable Affiliated Employer shall be entitled to an injunction or restraining order to prevent such breach or threatened breach in addition to any other remedies permitted by applicable law. This Section 11 shall be construed to the maximum extent permitted by applicable law and may be modified as strictly necessary to be legally enforceable as determined by a court of competent jurisdiction ruling on this Agreement. The Company may release the Employee from any and all provisions in this Section 11 by providing written notice of the release.