Breach of Agreement Contract Clauses (64)

Breach of Agreement. You understand and agree that the general release and wavier set forth in Section 7 and the restrictive covenants set forth in Section 11 of this this letter agreement are essential consideration for this letter agreement and an award of damages may be made for violation thereof. Any such award shall not affect the enforceability of the general release of all claims made by you. Consistent with and without limiting the foregoing, you acknowledge and agree that your severance and other benefits s...hall be subject to forfeiture and repayment to the Company if you violate paragraphs 7, 11 or 14 or any of the other terms of this letter agreement, or any other surviving obligation owed to the Company, without prejudice to any additional relief that may be available to the Company and without effecting the validity and enforceability of the general release of all claims made by you. Notwithstanding the foregoing sentence, your severance and other benefits shall not be subject to forfeiture solely due to a challenge to the validity of the release contained in this agreement pursuant to the ADEA. In addition, in the event of a breach or threatened breach by you of any of the provisions of this letter agreement, you hereby consent and agree that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. View More

Breach of Agreement. If either party brings a claim for breach of the terms of this Agreement, the prevailing party will be entitled to its reasonable attorneys' fees and expenses incurred in prosecuting or defending such an action. This Agreement will be governed by the laws of the State of Tennessee. The parties agree that venue and jurisdiction for any legal action arising out of or in connection with this Agreement will be exclusively with courts of the state of Tennessee and the United States District Courts fo...r the State of Tennessee. View More

Breach of Agreement. If Employee materially breaches any provision of this Agreement, Employer's obligations to pay severance under Section 2 of this Agreement shall immediately cease. The parties agree that any sums received by Employee pursuant to Section 2 prior to his breach of this Agreement shall constitute sufficient consideration to support the releases given by Employee in Sections 3, 4 and 5. If, however, a court of competent jurisdiction orders this Agreement to be completely unenforceable, Employee shall... repay to Employer the total payments received under this Agreement within seven (7) calendar days from the date of entry of the order. View More

Breach of Agreement. In the event of a breach or threatened breach by you of Sections 8 -10 of this Agreement or the terms and conditions of any prior confidentiality agreement between you and the Company, including the Confidentiality and IP Undertakings, you acknowledge and agree that money damages would not afford an adequate remedy and that the Company shall be entitled to seek a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent juris...diction, without the necessity of showing any actual damages, and without the necessity of posting any bond or other security. Any equitable relief shall be in addition to, not instead of, legal remedies, monetary damages, or other available relief. View More