Legal and Equitable Remedies Clause Example with 8 Variations from Business Contracts

Legal and Equitable Remedies. (a) Because the Executive's services are personal and unique and the Executive has had and will continue to have access to and has become and will continue to become acquainted with the proprietary information of the Company, Company and its affiliates, and because any breach by the Executive of any of the restrictive covenants contained in Section 6 9 and Section 10 would result in irreparable injury and damage for which money damages would not provide an adequate remedy, the Company shall have... the right to enforce Section 6 9 and Section 10 and any of its their provisions by injunction, specific performance or other equitable relief, without bond and without prejudice to any other rights and remedies that the Company may have for a breach, or threatened breach, of the restrictive covenants set forth in Section 6. 9 and Section 10. The Executive agrees that in any action in which the Company seeks injunction, specific performance or other equitable relief, the Executive will not assert or contend that any of the provisions of Section 6 9 or Section 10 are unreasonable or otherwise unenforceable. (b) The Executive irrevocably and unconditionally (a) (i) agrees that any legal proceeding arising out of this paragraph may Agreement shall be brought solely in the United States District Court for the Northern District of New Jersey, California, or if such court does not have jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in Mercer Santa Clara County, New Jersey, (b) (ii) consents to the non-exclusive exclusive jurisdiction of such court in any such proceeding, and (c) (iii) waives any objection to the laying of venue of any such proceeding in any such court. The Executive also irrevocably and unconditionally consents to the service of any process, pleadings, notices or other papers. (c) Notwithstanding anything in this Agreement to the contrary, if the Executive breaches any of the Executive's obligations under Section 9 or Section 10, the Company shall be obligated to provide only the compensation and accrued benefits required by any Company benefit plans, policies or practices then applicable to the Executive in accordance with the terms thereof, and all payments under Section 2 or Section 7 hereof, as applicable, shall cease other than the payment of Accrued Benefits. In such event, the Company may require that the Executive repay all amounts theretofore paid to him pursuant to Section 7 hereof, and in such case, the Executive shall promptly repay such amounts within the timeframe specified by the Company (which shall be no earlier than 60 days following notice of the required payment to the Executive). View More

Legal and Equitable Remedies. (a) Because the Executive's services are personal and unique and the Executive has had and will continue to have access to and has become and will continue to become acquainted with the proprietary information Proprietary Information of the Company, Company and its Affiliates, and because any breach by the Executive of any of the restrictive covenants contained in Section 6 15 would result in irreparable injury and damage for which money damages would not provide an adequate remedy, the Company ...shall have the right to enforce Section 6 15 and any of its provisions by injunction, specific performance or other equitable relief, without bond and without prejudice to any other rights and remedies that the Company may have for a breach, or threatened breach, of the restrictive covenants set forth in Section 6. 15. The Executive agrees that in any action in which the Company seeks injunction, specific performance or other equitable relief, the Executive will not assert or contend that any of the provisions of Section 6 15 are unreasonable or otherwise unenforceable. (b) The Executive irrevocably and unconditionally (a) (i) agrees that any legal proceeding arising out of this paragraph may Agreement shall be brought solely in the United States District Court for the District of New Jersey, Massachusetts, or if such court does not have jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in Mercer County, New Jersey, (b) the State of Massachusetts, (ii) consents to the non-exclusive exclusive jurisdiction of such court in any such proceeding, and (c) (iii) waives any objection to the laying of venue of any such proceeding in any such court. The Executive also irrevocably and unconditionally consents to the service of any process, pleadings, notices or other papers. (c) Notwithstanding anything in this Agreement to the contrary, if the Executive breaches any of the Executive's obligations under Section 15, the Company shall be obligated to provide only the Accrued Obligations, and all payments under Section 2, Section 6, or Section 7 hereof, as applicable, shall cease. In such event, and in addition to any legal and equitable remedies permitted by law, the Company may require that the Executive repay all amounts theretofore paid to her pursuant to Sections 6 and 7 hereof (other than Sections 6(c) and 7(c)), and in such case, the Executive shall promptly repay such amounts on the terms determined by the Company. 10 17. Survival. The respective rights and obligations of the parties under this Agreement (including, but not limited to, under Sections 15 and 16) shall survive any termination of the Executive's employment or termination or expiration of this Agreement to the extent necessary to the intended preservation of such rights and obligations. View More

Legal and Equitable Remedies. Because (a)Because the Executive's services are personal and unique and the Executive has had and will continue to have access to and has become and will continue to become acquainted with the proprietary information of the Company, Company and its Affiliates, and because any breach by the Executive of any of the restrictive covenants contained in Section 6 14 would result in irreparable injury and damage for which money damages would not provide an adequate remedy, the Company shall have the ri...ght to enforce Section 6 14 and any of its provisions by injunction, specific performance or other equitable relief, without bond and without prejudice to any other rights and remedies that the Company may have for a breach, or threatened breach, of the restrictive covenants set forth in Section 6. 14. The Executive agrees that in any action in which the Company seeks injunction, specific performance or other equitable relief, the Executive will not assert or contend that any of the provisions of Section 6 14 are unreasonable or otherwise unenforceable. The (b)Unless resolved pursuant to the terms of an arbitration agreement, the Executive irrevocably and unconditionally (a) (1) agrees that any legal proceeding arising out of this paragraph may Agreement shall be brought solely in the United States District Court for the Eastern District of New Jersey, Pennsylvania, or if such court does not have jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in Mercer County, New Jersey, (b) Pennsylvania, (2) consents to the non-exclusive exclusive jurisdiction of such court in any such proceeding, and (c) (3) waives any objection to the laying of venue of any such proceeding in any such court. The Executive also irrevocably and unconditionally consents to the service of any process, pleadings, notices or other papers. (c)Notwithstanding anything in this Agreement to the contrary, if the Executive breaches any of the Executive's obligations under Section 14, the Company shall be obligated to provide only the compensation and accrued benefits required by any Company benefit plans, policies or practices then applicable to the Executive in accordance with the terms thereof, and all payments under Section 2 or Section 6 hereof, as applicable, shall cease. In such event, the Company may require that the Executive repay all amounts theretofore paid to her pursuant to Section 6 hereof, and in such case, the Executive shall promptly repay such amounts on the terms determined by the Company. View More

Legal and Equitable Remedies. (a) Because the Executive's services are personal and unique and the Executive has had and will continue to have access to and has become and will continue to become acquainted with the proprietary information Proprietary Information of the Company, Company and its Affiliates, and because any breach by the Executive of any of the restrictive covenants contained in Section 6 15 would result in irreparable injury and damage for which money damages would not provide an adequate remedy, the Company ...shall have the right to enforce Section 6 15 and any of its provisions by injunction, specific performance or other equitable relief, without bond and without prejudice to any other rights and remedies that the Company may have for a breach, or threatened breach, of the restrictive covenants set forth in Section 6. 15. The Executive agrees that in any action in which the Company seeks injunction, specific performance or other equitable relief, the Executive will not assert or contend that any of the provisions of Section 6 15 are unreasonable or otherwise unenforceable. (b) The Executive irrevocably and unconditionally (a) (i) agrees that any legal proceeding arising out of this paragraph may Agreement shall be brought solely in the United States District Court for the District of New Jersey, Massachusetts, or if such court does not have jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in Mercer County, New Jersey, (b) the Commonwealth of Massachusetts, (ii) consents to the non-exclusive exclusive jurisdiction of such court in any such proceeding, and (c) (iii) waives any objection to the laying of venue of any such proceeding in any such court. The Executive also irrevocably and unconditionally consents to the service of any process, pleadings, notices or other papers. 11 (c) Notwithstanding anything in this Agreement to the contrary, if the Executive breaches any of the Executive's obligations under Section 15, the Company shall be obligated to provide only the Accrued Obligations, and all payments under Section 2, Section 6, or Section 7 hereof, as applicable, shall cease. In such event, and in addition to any legal and equitable remedies permitted by law, the Company may require that the Executive repay all amounts theretofore paid to him pursuant to Sections 6 and 7 hereof (other than Sections 6(c) and 7(c)), and in such case, the Executive shall promptly repay such amounts on the terms determined by the Company. View More

Legal and Equitable Remedies. (a) Because the Executive's services are personal and unique and the Executive has had and will continue to have access to and has become and will continue to become acquainted with the proprietary information Proprietary Information of the Company, Company and its Affiliates, and because any breach by the Executive of any of the restrictive covenants contained in Section 6 15 would result in irreparable injury and damage for which money damages would not provide an adequate remedy, the Company ...shall have the right to enforce Section 6 15 and any of its provisions by injunction, specific performance or other equitable relief, without bond and without prejudice to any other rights and remedies that the Company may have for a breach, or threatened breach, of the restrictive covenants set forth in Section 6. 15. The Executive agrees that in any action in which the Company seeks injunction, specific performance or other equitable relief, the Executive will not assert or contend that any of the provisions of Section 6 15 are unreasonable or otherwise unenforceable. (b) The Executive irrevocably and unconditionally (a) (1) agrees that any legal proceeding arising out of this paragraph may Agreement shall be brought solely in the United States District Court for the District of New Jersey, Massachusetts, or if such court does not have jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in Mercer County, New Jersey, (b) the State of Massachusetts, (2) consents to the non-exclusive exclusive jurisdiction of such court in any such proceeding, and (c) (3) waives any objection to the laying of venue of any such proceeding in any such court. The Executive also irrevocably and unconditionally consents to the service of any process, pleadings, notices or other papers. (c) Notwithstanding anything in this Agreement to the contrary, if the Executive breaches any of the Executive's obligations under Section 15, the Company shall be obligated to provide only the Accrued Obligations, and all payments under Section 2, Section 6, or Section 7 hereof, as applicable, shall cease. In such event, and in addition to any legal and equitable 9 remedies permitted by law, the Company may require that the Executive repay all amounts theretofore paid to him pursuant to Sections 6 and 7 hereof (other than Sections 6(c) and 7(c)), and in such case, the Executive shall promptly repay such amounts on the terms determined by the Company. View More

Legal and Equitable Remedies. (a) Because the Executive's services are personal and unique and the Executive has had and will continue to have access to and has become and will continue to become acquainted with the proprietary information Proprietary Information of the Company, Company and its subsidiaries, and because any breach by the Executive of any of the restrictive covenants contained in Section 6 8 would result in irreparable injury and damage for which money damages would not provide an adequate remedy, the Company... shall have the right to enforce Section 6 8 and any of its provisions by injunction, specific performance or other equitable relief, without bond and without prejudice to any other rights and remedies that the Company may have for a breach, or threatened breach, of the restrictive covenants set forth in Section 6. 8. The Executive agrees that in any action in which the Company seeks injunction, specific performance or other equitable relief, the Executive will not assert or contend that any of the provisions of Section 6 8 are unreasonable or otherwise unenforceable. The Executive agrees that a Court may determine that the restricted periods set forth in Section 8 shall be extended for any period that the Executive is determined to be in breach of the Executive's restrictive covenants. 11 (b) The Executive irrevocably and unconditionally (a) (i) agrees that any legal proceeding arising out in aid of this paragraph may arbitration pursuant to Section 10 to enforce the provisions of Section 8 shall be brought solely in the United States District Court for the District of New Jersey, York, or if such court does not have jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in Mercer County, the State of New Jersey, (b) York, (ii) consents to the non-exclusive exclusive jurisdiction of such court in any such proceeding, and (c) (iii) waives any objection to the laying of venue of any such proceeding in any such court. The Executive also irrevocably and unconditionally consents to the service of any process, pleadings, notices or other papers. (c) Notwithstanding anything in this Agreement to the contrary, if the Executive breaches any of the Executive's obligations under Section 8, the Company shall be obligated to provide only the Accrued Obligations, and any obligations of the Company under Section 2 or Section 6 hereof with respect to any payments not yet paid shall cease, and the Company may seek any and all additional legal and equitable remedies permitted by law, including seeking repayment of any severance payments. View More

Legal and Equitable Remedies. Because the Executive's services are personal and unique and the Executive has had and will continue to have access to and has become and will continue to become acquainted with the proprietary information of the Company, and because any breach by the Executive of any of the restrictive covenants contained in Section 6 would result in irreparable injury and damage for which money damages would not provide an adequate remedy, the Company shall have the right to enforce Section 6 and any of its pr...ovisions by injunction, specific performance or other equitable relief, without bond and without prejudice to any other rights and remedies that the Company may have for a breach, or threatened breach, of the restrictive covenants set forth in Section 6. The Executive agrees that in any action in which the Company seeks injunction, specific performance or other equitable relief, the Executive will not assert or contend that any of the provisions of Section 6 are unreasonable or otherwise unenforceable. The Executive irrevocably and unconditionally (a) agrees that any legal proceeding arising out of this paragraph may be brought in the United States District Court for the District of New Jersey, Pennsylvania, or if such court does not have jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in Mercer Bucks County, New Jersey, Pennsylvania, (b) consents to the non-exclusive jurisdiction of such court in any such proceeding, and (c) waives any objection to the laying of venue of any such proceeding in any such court. The Executive also irrevocably and unconditionally consents to the service of any process, pleadings, notices or other papers. 11 8. Survivability. The respective rights and obligations of the parties under this Agreement shall survive any termination of Executive's employment to the extent necessary to the intended preservation of such rights and obligations. View More

Legal and Equitable Remedies. Because the Executive's services are personal and unique and the Executive has had and will continue to have access to and has become and will continue to become acquainted with the proprietary information of the Company, and because any breach by the Executive of any of the restrictive covenants contained in Section 6 would result in irreparable injury and damage for which money damages would not provide an adequate remedy, the Company shall have the right to enforce Section 6 and any of its pr...ovisions by injunction, specific performance or other equitable relief, without bond and without prejudice to any other rights and remedies that the Company may have for a breach, or threatened breach, of the restrictive covenants set forth in Section 6. The Executive agrees that in any action in which the Company seeks injunction, specific performance or other equitable relief, the Executive will not assert or contend that any of the provisions of Section 6 are unreasonable or otherwise unenforceable. The Executive irrevocably and unconditionally (a) agrees that any legal proceeding arising out of this paragraph may be brought in the United States District Court for the District of New Jersey, Pennsylvania, or if such court does not have jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in Mercer Lehigh County, New Jersey, Pennsylvania, (b) consents to the non-exclusive jurisdiction of such court in any such proceeding, and (c) waives any objection to the laying of venue of any such proceeding in any such court. The Executive also irrevocably and unconditionally consents to the service of any process, pleadings, notices or other papers. 11 8. Survivability. The respective rights and obligations of the parties under this Agreement shall survive any termination of Executive's employment to the extent necessary to the intended preservation of such rights and obligations. View More