Continuing Obligations Termination of Payments Injunctive Relief Contract Clauses (6)
Grouped Into 1 Collection of Similar Clauses From Business Contracts
This page contains Continuing Obligations Termination of Payments Injunctive Relief clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Continuing Obligations Termination of Payments Injunctive Relief. The Executive acknowledges that her right to the Severance Benefits is conditioned on her full compliance with the provisions in Section 7 of the Employment Agreement, including without limitation the Confidentiality and IP Assignment Agreement executed on July 20, 2017 (the "Restrictive Covenant Agreement"), which is hereby incorporated by reference into this Separation Agreement. Collectively, Section 7 of the Employment Agreement, 5 the Restrictive Covenant Agreement, and Sections 6, 7, and 8... of this Agreement shall be referred to as the "Continuing Obligations." In the event that the Executive fails to comply with any of the Continuing Obligations, in addition to any other legal or equitable remedies it may have for such breach, the Company shall have the right to terminate the Severance Benefits. Such termination in the event of a breach by the Executive shall not affect the general release in Section 5 or the Executive's obligation to comply with the Continuing Obligations and shall be in addition to, and not in lieu of, the Company's rights to other legal and equitable remedies that the Company may have. Further, Executive agrees that it would be difficult to measure any harm caused to the Company that might result from any breach by the Executive of any of the Continuing Obligations and that, in any event, money damages would be an inadequate remedy for any such breach. Accordingly, Executive agrees that if she breaches, or proposes to breach, any portion of the Continuing Obligations, the Company shall be entitled, in addition to all other remedies it may have, to an injunction or other appropriate equitable relief to restrain any such breach, without showing or proving any actual damage to the Company and without the necessity of posting a bond, and to recover the Company's attorney's fees associated with any such breach by the Executive.View More
Continuing Obligations Termination of Payments Injunctive Relief. The Executive acknowledges that her his right to the Severance Benefits is 2019 Bonus and the pay and benefits set forth in Sections 4 and 5 of this Agreement are conditioned on her his full compliance with the provisions in Section Sections 7, 7 8, and 9 of the Employment Agreement, including without limitation the Confidentiality and IP Assignment Agreement executed on July 20, 2017 (the "Restrictive Covenant Agreement"), which is are hereby incorporated by reference into as material terms of ...this Separation Agreement. Collectively, Section 7 Sections 7, 8, and 9 of the Employment Agreement, 5 the Restrictive Covenant Agreement, and Sections 6, 7, 8, 9 and 8 10 of this Agreement shall be referred to as the "Continuing Obligations." In the event that the Executive fails to comply with any of the Continuing Obligations, in addition to any other legal or equitable remedies it may have for such breach, the Company shall have the right to terminate the Severance Benefits in Section 4 and to seek repayment of any previously paid Severance Benefits. Such termination in the event of a breach by the Executive shall not affect the general release in Section 5 6 or the Executive's obligation to comply with the Continuing Obligations and shall be in addition to, and not in lieu of, the Company's rights to other legal and equitable remedies that the Company may have. Further, the Executive agrees that it would be difficult to measure any harm caused to the Company that might result from any breach by the Executive of any of the Continuing Obligations and that, in any event, money damages would be an inadequate remedy for any such breach. Accordingly, the Executive agrees that if she he breaches, or proposes to breach, any portion of the Continuing Obligations, the Company shall be entitled, in addition to all other remedies it may have, to an injunction or other appropriate equitable relief to restrain any such breach, without showing or proving any actual damage to the Company and without the necessity of posting a bond, and to recover the Company's attorney's fees associated with any such breach by the Executive. View More
Continuing Obligations Termination of Payments Injunctive Relief. The Executive acknowledges that her right to the Severance Benefits is conditioned on her full compliance with the provisions in Section 7 of the Employment Agreement, including without limitation the Confidentiality and IP Assignment Agreement executed on July 20, 2017 (the November 1, 2016, provided that Section 8 of the Confidentiality and IP Assignment Agreement is hereby modified by deleting "provided further that activities associated with those entities set forth on Exhibit B shall not be... deemed competitive activities" and replacing it with "provided further that this noncompetition restriction shall only be enforced with respect to business activities that develop, manufacture or market products, or perform any services, that involve or are competitive with ex vivo lentiviral-based gene therapy used or under development by the Company to address disease states that the Company's business activities address as of December 17, 2018." The Confidentiality and IP Assignment Agreement, as modified by this Section 9, is referred to herein as the "Restrictive Covenant Agreement"), which Agreement" and is hereby incorporated by reference into this Separation Agreement. Collectively, Section 7 of the Employment Agreement, 5 the Restrictive Covenant Agreement, and Sections 6, 7, and 8 of this Agreement shall be referred to as the "Continuing Obligations." In the event that the Executive materially fails to comply with any of the Continuing Obligations, in addition to any other legal or equitable remedies it may have for such breach, the Company shall have the right to terminate the Severance Benefits. Such termination in the event of a breach by the Executive shall not affect the general release in Section 5 or the Executive's obligation to comply with the Continuing Obligations and shall be in addition to, and not in lieu of, the Company's rights to other legal and equitable remedies that the Company may have. Further, the Executive agrees that it would be difficult to measure any harm caused to the Company that might result from any breach by the Executive of any of the Continuing Obligations and that, in any event, money damages would be an inadequate remedy for any such breach. Accordingly, Executive agrees that if she materially breaches, or proposes makes plans to materially breach, any portion of the Continuing Obligations, the Company shall be entitled, in addition to all other remedies it may have, to an injunction or other appropriate equitable relief to restrain any such breach, without showing or proving any actual damage to the Company and without the necessity of posting a bond, and bond. In the event of litigation and/or arbitration associated with an alleged breach of the Continuing Obligations by the Executive, the prevailing party shall be entitled to recover the Company's attorney's fees associated with any such litigation and/or arbitration. 6 10. Reference. Within ten (10) days of Executive's execution of this Separation Agreement, assuming no breach and no revocation by Executive, (i) the Executive. Company agrees to provide an original of the reference letter attached hereto as Attachment 1, executed by CEO Geoff Mackay, which Executive may use freely in her job search, and (ii) Mr. MacKay will also provide Executive with a LinkedIn recommendation in the form attached as Attachment 2. Mr. MacKay shall post this recommendation on Executive's LinkedIn Profile page within ten (10) days of Executive's execution of this Agreement, assuming no breach and no revocation by Executive, and shall maintain it for an 12-month period. View More
Continuing Obligations Termination of Payments Injunctive Relief. The Executive acknowledges that her his right to the Severance Benefits is conditioned on her his full compliance with the provisions in Section 7 8 of the Employment Agreement, including without limitation the Confidentiality Employee Confidentiality, Assignment and IP Assignment Noncompetition signed by the Executive in connection with the Employment Agreement executed on July 20, 2017 (the "Restrictive Covenant Covenants Agreement"), which is hereby incorporated by reference into this Separat...ion Agreement. Collectively, Section 7 of the Employment Agreement, 5 the Restrictive Covenant Agreement, and Sections 6, 7, and 8 6 - 9 of this Agreement shall be referred to as (collectively, the "Continuing Obligations." Obligations"). In the event that the Executive fails to comply with any of the Continuing Obligations, in addition to any other legal or equitable remedies it may have for such breach, the Company shall have the right to terminate the Severance Benefits. Benefits; provided that the right to terminate the Severance Benefits shall not apply to an inadvertent breach of Section 6 that is cured by Executive upon notice of such breach. Such termination in the event of a breach by the Executive shall not affect the general release in Section 5 or the Executive's obligation to comply with the Continuing Obligations and shall be in addition to, and not in lieu of, the Company's rights to other legal and equitable remedies that the Company may have. Further, Executive agrees that it would be difficult to measure any harm caused to the Company that might result from any breach by the Executive of any of the Continuing Obligations and that, in any event, money damages would be an inadequate remedy for any such breach. Accordingly, Executive agrees that if she he breaches, or proposes to breach, any portion of the Continuing Obligations, the Company shall be entitled, in addition to all other remedies it may have, to seek an injunction or other appropriate equitable relief to restrain any such breach, without showing or proving any actual damage to the Company and without the necessity of posting a bond, and bond. In the event of any litigation involving an alleged breach by Executive of any of such obligations, the prevailing party shall be entitled to recover its attorney's fees. 6 12. Advice of Counsel. This Agreement is a legally binding document and the Company's attorney's fees associated Executive's signature will commit the Executive to its terms. The Executive acknowledges that he has been advised to discuss all aspects of this Agreement with his attorney, that he has carefully read and fully understands all of the provisions of this Agreement and that he is voluntarily entering into this Agreement. In signing this Agreement, the Executive is not relying upon any such breach promises or representations made by anyone at or on behalf of the Executive. Company. View More
