Remedies Clause Example with 5 Variations from Business Contracts
This page contains Remedies 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.
Remedies. In the event the Executive initiates or voluntarily participates in any Proceeding in violation of this Agreement, or if she fails to abide by any of the terms of this Agreement or her post-termination obligations contained in the Employment Agreement, the Company may, in addition to any other remedies it may have, reclaim any amounts paid to her under the termination provisions of the Employment Agreement and terminate any benefits or payments that are subsequently due under the Employment Agre...ement, except as prohibited by the ADEA and OWBPA, without waiving the release granted herein. The Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of her post-termination obligations under the Employment Agreement or her obligations under paragraphs 2 and 3 herein would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company may have at law or in equity or as may otherwise be set forth in the Employment Agreement, the Company shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from breaching her post-termination obligations under the Employment Agreement or her obligations under paragraphs 2 and 3 herein. Such injunctive relief in any court shall be available to the Company, in lieu of, or prior to or pending determination in, any arbitration proceeding. The Executive understands that by entering into this Agreement she shall be limiting the availability of certain remedies that she may have against the Company and limiting also her ability to pursue certain claims against the Company.View More
Variations of a "Remedies" Clause from Business Contracts
Remedies. In the event the Executive initiates or voluntarily participates in any Proceeding in violation of this Agreement, or if she the Executive fails to abide by any of the terms of this Agreement or her the Executive's post-termination obligations contained in the Employment Agreement, the Company may, in addition to any other remedies it may have, reclaim any amounts paid to her the Executive under the termination provisions of the Employment Agreement and terminate any benefits or payments that ar...e subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA, without waiving the release granted herein. The Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of her the Executive's post-termination obligations under the Employment Agreement or her the Executive's obligations under paragraphs 2 and 3 herein would 2 45 days in a RIF scenario be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company may have at law or in equity or as may otherwise be set forth in the Employment Agreement, the Company shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from breaching her the Executive's post-termination obligations under the Employment Agreement or her the Executive's obligations under paragraphs 2 and 3 herein. Such injunctive relief in any court shall be available to the Company, in lieu of, or prior to or pending determination in, any arbitration proceeding. The proceeding.The Executive understands that by entering into this Agreement she the Executive shall be limiting the availability of certain remedies that she the Executive may have against the Company and limiting also her the Executive's ability to pursue certain claims against the Company. Company.5. Severability Clause. In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, shall be inoperative.6. Nonadmission. Nothing contained in this Agreement shall be deemed or construed as an admission of wrongdoing or liability on the part of the Company.7. GOVERNING LAW AND FORUM. The Executive acknowledges that this Agreement has been executed, in whole or in part, in New York. Accordingly, the Executive agrees that this Agreement and all matters or issues arising out of or relating to the Executive's employment with the Company shall be governed by the laws of the State of New York applicable to contracts entered into and performed entirely therein. Any action to enforce or otherwise relating to this Agreement and the rights and obligations hereunder shall be brought solely in the state or federal courts located in the City of New York, Borough of Manhattan.8. Notices. Notices under this Agreement must be given in writing, by personal delivery, regular mail or receipted email, at the parties' respective addresses shown on this Agreement (or any other address designated in writing by either party), with a copy, in the case of the Company, to the attention of the ViacomCBS General Counsel. Any notice given by regular mail shall be deemed to have been given three (3) days following such mailing.THE EXECUTIVE ACKNOWLEDGES THAT THE EXECUTIVE HAS READ THIS AGREEMENT AND THAT THE EXECUTIVE FULLY KNOWS, UNDERSTANDS AND APPRECIATES ITS CONTENTS, AND THAT THE EXECUTIVE HEREBY EXECUTES THE SAME AND MAKES THIS AGREEMENT AND THE RELEASE AND AGREEMENTS PROVIDED FOR HEREIN VOLUNTARILY AND OF THE EXECUTIVE'S OWN FREE WILL. View More
Remedies. In the event that (i) the Executive initiates or voluntarily participates in any Proceeding in violation of this Agreement, or if she (ii) he fails to abide by any of the terms of this Agreement or her his post-termination obligations contained in the Employment Agreement, or (iii) he revokes the Company ADEA release contained in Section 2(b) within the seven-day period provided under Section 2(b ), the Employer may, in addition to any other remedies it may have, reclaim any amounts paid to her...him under the termination provisions of Paragraph 7(b)(ii) of the Employment Agreement and (other than Accrued Obligations (as defined in the Employment Agreement) or terminate any benefits or payments that are subsequently due under Paragraph 7(b)(ii) of the Employment Agreement, except as prohibited Agreement (other than Accrued Obligations); any such reclamation or termination by the ADEA and OWBPA, without waiving Employer in accordance with this Section 4 shall not operate as a waiver of the release granted herein. herein in the circumstances described in the foregoing clauses (i) and (ii). The Executive acknowledges and agrees that the remedy at law available to the Company Employer for breach of any of her his post-termination obligations under the Employment Agreement or her his obligations under paragraphs Sections 2 and 3 herein would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured measurement in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company Employer may have at law or in equity or as may otherwise be set forth in the Employment Agreement, the Company Employer shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from breaching her his post-termination obligations under the Employment Agreement or her his obligations under paragraphs Sections 2 and 3 herein. Such injunctive relief in any court shall be available to the Company, Employer, in lieu of, or prior to or pending determination in, any arbitration proceeding. The Executive understands that by entering into this Agreement she he shall be limiting the availability of certain remedies that she he may have against the Company Employer and limiting also her his ability to pursue certain claims against the Company. Employer. View More
Remedies. In the event that (i) the Executive initiates or voluntarily participates in any Proceeding in violation of this Agreement, or if she (ii) he fails to abide by any of the terms of this Agreement or her his post-termination obligations contained in the Employment Agreement, or (iii) he revokes the Company ADEA release contained in Section 2(b) within the seven-day period provided under Section 2(b), the Employer may, in addition to any other remedies it may have, reclaim any amounts paid to her h...im under the termination provisions of the Employment Agreement and or terminate any benefits or payments that are subsequently due under the Employment Agreement, except as prohibited Agreement; any such reclamation or termination by the ADEA and OWBPA, without waiving Employer in accordance with this Section 4 shall not operate as a waiver of the release granted herein. herein in the circumstances described in the foregoing clauses (i) and (ii). The Executive acknowledges and agrees that the remedy at law available to the Company Employer for breach of any of her his post-termination obligations B-2 under the Employment Agreement or her his obligations under paragraphs Sections 2 and 3 herein would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured measurement in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company Employer may have at law or in equity or as may otherwise be set forth in the Employment Agreement, the Company Employer shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from breaching her his post-termination obligations under the Employment Agreement or her his obligations under paragraphs Sections 2 and 3 herein. Such injunctive relief in any court shall be available to the Company, Employer, in lieu of, or prior to or pending determination in, any arbitration proceeding. The Executive understands that by entering into this Agreement she he shall be limiting the availability of certain remedies that she he may have against the Company Employer and limiting also her his ability to pursue certain claims against the Company. Employer. View More
Remedies. (a) In the event the Executive initiates or voluntarily participates in any Proceeding involving any of the matters waived or released in violation of this Agreement, or if she fails to abide by any of the terms of this Agreement, or if she revokes her prior execution of this Agreement or her post-termination obligations contained in within the Employment Agreement, seven (7)-day period described below, the Company may, in addition to any other remedies it may have, reclaim any amounts paid to h...er under the termination provisions of the Employment Agreement her, and terminate any benefits or payments that are subsequently due under pursuant to the Employment termination provisions of the Agreement, except without waiving the release granted herein. In addition, in the event that the Executive has failed to comply with the Restrictive Covenants (other than as prohibited by a result of an unintentional and immaterial disclosure of confidential information), the ADEA Company may, in addition to any other remedies it may have, to the extent permitted in the Agreement and OWBPA, the Option Agreements reclaim any amounts paid to her pursuant to the Agreement or the Option Agreements, without waiving the release granted herein. The Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of her post-termination obligations under the Employment Agreement or any of the Applicable Agreements or her obligations under paragraphs 2 and 3 herein hereunder or thereunder would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company may have at law or in equity or as may otherwise be set forth in the Employment Agreement, equity, the Company shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from breaching her post-termination post- termination obligations under the Employment Agreement or any of the Applicable Agreements or her obligations under paragraphs 2 and 3 herein. hereunder or thereunder. Such injunctive relief in any court shall be available to the Company, in lieu of, or prior to or pending determination in, any arbitration proceeding. (b) The Executive understands that by entering into this Agreement she shall will be limiting the availability of certain remedies that she may have against the Company and limiting also her ability to pursue certain claims against the Company. (c) The Company acknowledges and agrees that the remedy at law available to the Executive for breach of any of its post-termination obligations under the Agreement or any of the Applicable Agreements or its obligations hereunder or thereunder would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Company acknowledges, consents and agrees that, in addition to any other rights or remedies that the Executive may have at law or in equity, the Executive shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Company from breaching its post-termination obligations under the Agreement or any of the Applicable Agreements or its obligations hereunder or thereunder. Such injunctive relief in any court shall be available to the Executive, in lieu of, or prior to or pending determination in, any arbitration proceeding. (d) The Company understands that by entering into this Agreement it will be limiting the availability of certain remedies that it may have against the Executive and limiting also its ability to pursue certain claims against the Executive. View More
Remedies. In the event the Executive initiates or voluntarily participates in any Proceeding in violation of this Agreement, or if she he fails to abide by any of the terms of this Agreement or her his post-termination obligations contained in the Employment Agreement, or if he revokes the ADEA release contained in paragraph 2(b) within the seven-day period provided under paragraph 2(b), the Company may, in addition to any other remedies it may have, reclaim any amounts paid to her under him pursuant to t...he termination provisions of the Executive Employment Agreement and or terminate any benefits or payments that are subsequently due under the Executive Employment Agreement, except as prohibited by the ADEA and OWBPA, without waiving the release granted herein. The Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of her his post-termination obligations under the Executive Employment Agreement or her his obligations under paragraphs 2 and 3 herein would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured measurement in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company may have at law or in equity or as may otherwise be set forth in the Executive Employment Agreement, the Company shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from breaching her his post-termination obligations under the Executive Employment Agreement or her his obligations under paragraphs 2 and 3 herein. Such injunctive relief in any court shall be available to the Company, in lieu of, or prior to or pending determination in, any arbitration proceeding. The Executive understands that by entering into this Agreement she he shall be limiting the availability of certain remedies that she he may have against the Company and limiting also her his ability to pursue certain claims against the Company. View More
