Non-Competition and Non-Solicitation Clause Example with 23 Variations from Business Contracts
This page contains Non-Competition and Non-Solicitation clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates for a period of one year following the Grantee's termination of Continuous Service; (b) dir...ectly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for a period of one year following the Grantee's termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee's termination of Continuous Service. 3 10.2 If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees 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
Variations of a "Non-Competition and Non-Solicitation" Clause from Business Contracts
Non-Competition and Non-Solicitation. 10.1 In 8.1In consideration of the Restricted Stock, the Grantee option, Employee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, stockholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates affiliates, including those engaged in the retail sale ...of apparel, swimwear, lingerie, accessories or footwear, during Employee's tenure with the Company and its affiliates and for a period of one year 12 months following the Grantee's Employee's termination of Continuous Service; Service or such longer period of time as may be set forth in any offer letter or other agreement with the parties; or, (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates affiliates during Employee's tenure with the Company and its affiliates and for a period of one year 12 months following the Grantee's Employee's termination of Continuous Service; Service. 8.2In the event of a breach or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers threatened breach of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee's termination of Continuous Service. 3 10.2 If the Grantee breaches any of the covenants set forth contained in Section 10.1: 8.1: (a) all any unvested Restricted Stock portion of the option shall be immediately forfeited; forfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Notice and Agreement or the Plan; and (b) the Grantee Employee hereby consents and agrees 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
Non-Competition and Non-Solicitation. 10.1 In 8.1In consideration of the Restricted Stock, the Grantee RSUs, Employee agrees and covenants not to: (a) contribute (a)contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, stockholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates affiliates, including those engaged in the ...retail sale of apparel, swimwear, lingerie, accessories or footwear, during Employee's tenure with the Company and its affiliates and for a period of one year 12 months following the Grantee's Employee's termination of Continuous Service; (b) directly Service or such longer period of time as may be set forth in any offer letter or other agreement between the parties; or, (b)directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates affiliates during Employee's tenure with the Company and its affiliates and for a period of one year 12 months following the Grantee's Participant's termination of Continuous Service; Service. 8.2In the event of a breach or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers threatened breach of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee's termination of Continuous Service. 3 10.2 If the Grantee breaches any of the covenants set forth contained in Section 10.1: (a) all 8.1: (a)any unvested Restricted Stock portion of this Award shall be immediately forfeited; forfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Notice and (b) Agreement or the Grantee Plan; and (b)Employee hereby consents and agrees 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
Non-Competition and Non-Solicitation. 10.1 12.1. Non-competition and Non-solicitation Restrictions. In consideration of the Restricted Stock, Option, the Grantee Participant agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, stockholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates f...or a period of one year following the Grantee's Participant's termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for a period of one year following the Grantee's Participant's termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee's Participant's termination of Continuous Service. 3 10.2 If 12.2. Enforcement of Non-competition and Non-solicitation Restrictions. In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.1: 12.1: (a) all any unvested Restricted Stock portion of the Option shall be immediately forfeited; forfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; (b) any vested, but unexercised, portion of the Option that vested upon the termination of the Participant's Continuous Service or that vested within the one-year period prior to the earlier of (i) the time the Participant first breached any of the covenants contained in Section 12.1 and (b) (ii) the Grantee time of the Participant's termination of Continuous Service, shall be forfeited as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; (c) the Company shall have the right, but not the obligation, during the one-year period following the termination of the Participant's Continuous Service to acquire any shares issued upon exercise of the Option during the one-year period preceding the termination of the Participant's Continuous Service that continue to be held by the Participant at the Exercise Price paid by the Participant, if any, for such shares; 4 (d) the Company shall have the right, but not the obligation, during the one-year period following the termination of the Participant's Continuous Service to recover from the Participant an amount equal to any gain realized (whether at the time of exercise or thereafter), if any, on any shares issued upon exercise of the Option during the one-year period preceding the termination of the Participant's Continuous Service; and (e) the Participant hereby consents and agrees 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
Non-Competition and Non-Solicitation. 10.1 12.1 Non-competition and Non-solicitation Restrictions. In consideration of the Restricted Stock, Option, the Grantee Participant agrees and covenants not to: [may be included on a case-by-case basis] (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the ...Company and its Affiliates Affiliates, including those engaged in the business of [DESCRIPTION OF BUSINESS] for a period of one year [TERM OF MONTHS OR YEARS] following the Grantee's termination of Continuous Service; Participant's Termination; 4 (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for a period of one year [INSERT PERIOD OF TIME] following the Grantee's termination of Continuous Service; or Participant's Termination; (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, current[, former or prospective prospective] customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year [TERM OF MONTHS OR YEARS] following the Grantee's termination Participant's Termination. 12.2 Enforcement of Continuous Service. 3 10.2 If Non-competition and Non-solicitation Restrictions. In the Grantee breaches event of a breach or threatened breach by the Participant of any of the covenants set forth contained in Section 10.1: 12.1: (a) all any unvested Restricted Stock portion of the Option shall be immediately forfeited; forfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; and (b) the Grantee Participant hereby consents and agrees 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
Non-Competition and Non-Solicitation. 10.1 8.1 In consideration of the Restricted Stock, the Grantee RSUs, Employee agrees and covenants not to: (a) contribute (a)contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, stockholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates affiliates, including those engaged in the re...tail sale of apparel, swimwear, lingerie, accessories or footwear, during Employee's tenure with the Company and its affiliates and for a period of one year 12 months following the Grantee's Employee's termination of Continuous Service; (b) directly Service or such longer period of time as may be set forth in any offer letter or other agreement between the parties; or, (b)directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates affiliates during Employee's tenure with the Company and its affiliates and for a period of one year 12 months following the Grantee's Participant's termination of Continuous Service; Service. 8.2 In the event of a breach or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers threatened breach of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee's termination of Continuous Service. 3 10.2 If the Grantee breaches any of the covenants set forth contained in Section 10.1: (a) all 8.1: (a)any unvested Restricted Stock portion of this Award shall be immediately forfeited; forfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Notice and (b) Agreement or the Grantee Plan; and (b)Employee hereby consents and agrees 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
Non-Competition and Non-Solicitation. 10.1 12.1. Non-competition and Non-solicitation Restrictions. In consideration of the Restricted Stock, Option, the Grantee Participant agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, stockholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates f...or a period of one year following the Grantee's Participant's termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for a period of one year following the Grantee's Participant's termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee's Participant's termination of Continuous Service. 3 10.2 If 12.2. Enforcement of Non-competition and Non-solicitation Restrictions. In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.1: 12.1: (a) all any unvested Restricted Stock portion of the Option shall be immediately forfeited; forfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; (b) any vested, but unexercised, portion of the Option that vested upon the termination of the Participant's Continuous Service or that vested within the one year period prior to the earlier of (i) the time the Participant first breached any of the covenants contained in Section 12.1 and (b) (ii) the Grantee time of the Participant's termination of Continuous Service, shall be forfeited as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; (c) the Company shall have the right, but not the obligation, during the one year period following the termination of the Participant's Continuous Service to acquire any shares issued upon exercise of the Option during the one year period preceding the termination of the Participant's Continuous Service that continue to be held by the Participant at the Exercise Price paid by the Participant, if any, for such shares; and 4 (d) the Participant hereby consents and agrees 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
Non-Competition and Non-Solicitation. 10.1 12.1 In consideration of the Restricted Stock, PSUs, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates affiliates, including but not limited to those engaged in the business of the ma...nufacture, development, advertising, promotion, or sale of soft pretzels, churros, funnel cakes, frozen cookie dough, in-store bakery products, biscuits and/ or dumplings, frozen carbonated beverages or similar products (including both existing products as well as products known to the recipient, as a consequence of the recipient's employment with the Corporation or one of its subsidiaries, to be in development) for a period of one year [TERM OF MONTHS OR YEARS] following the Grantee's termination of Continuous Service; employment; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates affiliates for a period of one year [TERM OF MONTHS OR YEARS] following the Grantee's termination of Continuous Service; employment; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, email, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates affiliates for a period of one year [TERM OF MONTHS OR YEARS] following the Grantee's termination of Continuous Service. 3 10.2 employment. 12.2 If the Grantee breaches any of the covenants set forth in Section 10.1: 12.1: (a) all unvested Restricted Stock PSUs shall be immediately forfeited; and 3 (b) the Grantee hereby consents and agrees 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
Non-Competition and Non-Solicitation. 10.1 12.1 In consideration of the Restricted Stock, PSUs, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates affiliates, including but not limited to those engaged in the business of the ma...nufacture, development, advertising, promotion, or sale of soft pretzels, churros, funnel cakes, frozen cookie dough, in-store bakery products, biscuits and/ or dumplings, frozen carbonated beverages or similar products (including both existing products as well as products known to the recipient, as a consequence of the recipient's employment with the Company or one of its subsidiaries, to be in development) for a period of one year two (2) years following the Grantee's termination of Continuous Service; employment; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates affiliates for a period of one year two (2) years following the Grantee's termination of Continuous Service; employment; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, email, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates affiliates for a period of one year two (2) years following the Grantee's termination of Continuous Service. 3 10.2 employment. 12.2 If the Grantee breaches any of the covenants set forth in Section 10.1: 12.1: (a) all unvested Restricted Stock PSUs shall be immediately forfeited; and (b) the Grantee hereby consents and agrees 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. 3 13. Compliance with Law. The issuance and transfer of shares of Common Stock in connection with the PSUs shall be subject to compliance by the Company and the Grantee with all applicable requirements of federal and state securities laws and with all applicable requirements of any stock exchange on which the Company's shares of Common Stock may be listed. No shares of Common Stock shall be issued or transferred unless and until any then applicable requirements of state and federal laws and regulatory agencies have been fully complied with to the satisfaction of the Company and its counsel. View More
Non-Competition and Non-Solicitation. 10.1 In 9.1.In consideration of the Restricted Stock, Stock Units, the Grantee agrees and covenants not to: (a) contribute his or her (a)contribute the Grantee's knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, stockholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates for a period of one year follo...wing the Grantee's termination of Continuous Service; (b) directly (b)directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for a period of one year following the Grantee's termination of Continuous Service; or (c) directly (c)directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee's termination of Continuous Service. 3 10.2 If 9.2.Nothing in this Section 9 shall override any other restrictive covenants to which the Grantee is subject. In the event of any conflict between the covenants set forth in this Section 9 and the terms of any employment agreement between the Grantee and the Company, such employment agreement shall control. 9.3.If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all 9.1: (a)all unvested Restricted Stock Units or vested Restricted Stock Units that have not been settled shall be immediately forfeited; and (b) (b)the Company shall have the right, but not the obligation, during the one-year period following the termination of the Participant's Continuous Service to acquire any shares of Common Stock acquired in respect of the Restricted Stock Units that vested during the one-year period preceding the termination of the Participant's Continuous Service that continue to be held by the Participant at the purchase price, if any, paid by the Participant for such shares; (c)the Company shall have the right, but not the obligation, during the one-year period following the termination of the Participant's Continuous Service to recover from the Participant an amount 3 IF " DOCVARIABLE "SWDocIDLocation" 2" = "1" " DOCPROPERTY "SWDocID" 3133/15777-037 CURRENT/122278717v4" "" equal to any gain realized, if any, on any shares of Common Stock acquired in respect of the Restricted Stock Units that vested during the one-year period preceding the termination of the Participant's Continuous Service; and (d)the Grantee hereby consents and agrees 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
Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted Stock, Option, the Grantee Participant agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates Affiliates, including those engaged in the business of banking for a pe...riod of one year [TERM OF MONTHS OR YEARS] following the Grantee's Participant's termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for a period of one year [TERM OF MONTHS OR YEARS] following the Grantee's Participant's termination of Continuous Service; or 5 (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods banking products or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year [TERM OF MONTHS OR YEARS] following the Grantee's Participant's termination of Continuous Service. 3 10.2 If In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.1: (a) all any unvested Restricted Stock portion of the Option shall be immediately forfeited; forfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; and (b) the Grantee Participant hereby consents and agrees 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
