Rights and Remedies Upon Breach. In the event Executive breaches, or threatens to commit a breach of, any of the provisions of this Agreement, the Company and its subsidiaries, affiliates, successors or assigns shall have the following rights and remedies, each of which shall be independent of the others and severally enforceable, and each of which shall be in addition to, and not in lieu of, any other rights or remedies available to the Company or its subsidiaries, affiliates, successors or assigns at law or in equity under th
...is Agreement or otherwise: (a) Specific Performance. The right and remedy to have each and every one of the covenants in this Agreement specifically enforced and the right and remedy to obtain injunctive relief, it being agreed that any breach or threatened breach of any of the nonsolicitation or other restrictive covenants and agreements contained herein would cause irreparable injury to the Company and its subsidiaries, affiliates, successors or assigns and that money damages would not provide an adequate remedy at law to the Company and its subsidiaries, affiliates, successors or assigns. (b) Accounting. The right and remedy to require Executive to account for and pay over to the Company and its subsidiaries, affiliates, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by Executive that result from any transaction or activity constituting a breach of this Agreement. (c) Cessation of Payments. The right to cease all severance payments to Executive hereunder. (d) Enforceability in all Jurisdictions. Executive intends to and hereby confers jurisdiction to enforce each and every one of the covenants and agreements contained herein upon the courts of any jurisdiction within the geographic scope of such covenants and agreements. If the courts of any one or more of such jurisdictions hold any such covenant or agreement unenforceable by reason of the breadth or such scope or otherwise, it is the intention of Executive and the Company that such determination shall not bar or in any way affect the Company's or any of its subsidiaries', affiliates', successors' or assigns' right to the relief provided above in the courts of any other jurisdiction within the geographic scope of such covenants and agreements, as to breaches of such covenants and agreements in such other respective jurisdictions, such covenants and agreements as they relate to each jurisdiction being, for this purpose, severable into diverse and independent covenants and agreements.
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Rights and Remedies Upon Breach.
In the event If Executive breaches, or threatens to commit a breach of, any of the provisions of
this Agreement, Sections 6 or 7 above (the "Restrictive Covenants"), the Company and its subsidiaries, affiliates,
strategic partners, successors or assigns shall have the following rights and remedies, each of which shall be independent of the others and severally enforceable, and each of which shall be in addition to, and not in lieu of, any other rights or remedies available to the Company or its
...subsidiaries, affiliates, strategic partners, successors or assigns at law or in equity under this Agreement or otherwise: (a) equity: 8.1 Specific Performance. The right and remedy to have each and every one of the covenants in this Agreement Restrictive Covenants specifically enforced and by any court of competent jurisdiction by injunctive decree or otherwise (without the right and remedy to obtain injunctive relief, necessity of posting a bond), it being agreed that any breach or threatened breach of any of the nonsolicitation or other restrictive covenants and agreements contained herein Restrictive Covenants would cause irreparable injury to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns and that money damages would not provide an adequate remedy at law to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns. (b) 8.2 Accounting. The right and remedy to require Executive to account for and pay over to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or 12 received by Executive that as a result from of any transaction or activity constituting a breach of this Agreement. (c) any of the Restrictive Covenants. 8.3 Cessation and Recoupment of Payments. In the event that Executive is receiving payments and benefits pursuant to Section 5.3, above, the right and remedy to immediately cease making and providing Executive any future payments and benefits (except for the Accrued Benefits) and be promptly reimbursed by Executive for any payments and benefits (except for the Accrued Benefits) paid or provided to Executive pursuant to Section 5.3 during the period of such breach by Executive. 8.4 Extension of Restriction in the Event of Breach. The right and remedy to cease all severance payments to Executive hereunder. (d) Enforceability in all Jurisdictions. Executive intends to and hereby confers jurisdiction to enforce each and every one extend the length of time of the covenants and agreements contained herein upon Restricted Period for a period of time equal to the courts period of any jurisdiction within the geographic scope time during which Executive was or is in breach of such covenants and agreements. If the courts of any one or more of such jurisdictions hold any such covenant or agreement unenforceable by reason of the breadth or such scope or otherwise, it is the intention of Executive and the Company that such determination shall not bar or in any way affect the Company's or any of its subsidiaries', affiliates', successors' or assigns' right to the relief provided above in the courts of any other jurisdiction within the geographic scope of such covenants and agreements, as to breaches of such covenants and agreements in such other respective jurisdictions, such covenants and agreements as they relate to each jurisdiction being, for this purpose, severable into diverse and independent covenants and agreements. provision.
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Rights and Remedies Upon Breach.
In the event If Executive breaches, or threatens to commit a breach of, any of the provisions of
this Agreement, Sections 6 or 7 above (the "Restrictive Covenants"), the Company and its subsidiaries, affiliates,
strategic partners, successors or assigns shall have the following rights and remedies, each of which shall be independent of the others and severally enforceable, and each of which shall be in addition to, and not in lieu of, any other rights or remedies available to the Company or its
...subsidiaries, affiliates, strategic partners, successors or assigns at law or in equity under this Agreement or otherwise: (a) equity: 8.1 Specific Performance. The right and remedy to have each and every one of the covenants in this Agreement Restrictive Covenants specifically enforced and by any court of competent jurisdiction by injunctive decree or otherwise (without the right and remedy to obtain injunctive relief, necessity of posting a bond), it being agreed that any breach or threatened breach of any of the nonsolicitation or other restrictive covenants and agreements contained herein Restrictive Covenants would cause irreparable injury to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns and that money damages would not provide an adequate remedy at law to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns. (b) 8.2 Accounting. The right and remedy to require Executive to account for and pay over to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by Executive that as a result from of any transaction or activity constituting a breach of any of the Restrictive Covenants. 8.3 Extension of Restriction in the Event of Breach. In the event that Executive breaches any of the provisions set forth in this Agreement. (c) Cessation Section 8, the right and remedy is to extend the length of Payments. The right time of the Restricted Period for a period of time equal to cease all severance payments to the period of time during which Executive hereunder. (d) was or is in breach of such provision. 8.4 Enforceability in all Jurisdictions. Executive intends to and hereby confers jurisdiction to specifically enforce each and every one the Restrictive Covenants by issuing an injunction in aid of the covenants and agreements contained herein arbitration upon the courts of any jurisdiction within the geographic scope of such covenants and agreements. Restricted Area. If the courts of any one or more of such jurisdictions hold any such covenant or agreement the Restrictive Covenants unenforceable by reason of the breadth or of such scope or otherwise, it is the intention of Executive and the Company that such determination shall not bar or in any way affect the Company's right of the Company or any of its subsidiaries', affiliates', successors' subsidiaries, affiliates, strategic partners, successors or assigns' right assigns to the relief provided above herein in the courts of any other jurisdiction within the geographic scope of such covenants and agreements, covenants, as to breaches of such covenants and agreements in such other respective jurisdictions, such covenants and agreements as they relate to each jurisdiction being, for this purpose, severable into diverse and independent covenants covenants. 8.5 Reasonableness; Severability; Modification. Executive acknowledges and agreements. agrees that the Restrictive Covenants are reasonable and necessary given Executive's position of trust and confidence within the Company and Executive's significant access to confidential information. Executive further agrees that the Restrictive Covenants are valid in geographic and temporal scope and in all other respects. If any provision of the Restrictive Covenants is held to 12 be excessively broad as to duration, activity or subject, it is the desire of the Company and Executive that such provisions be construed by limiting and reducing them so as to be enforceable to the maximum extent allowed by applicable law and then fully enforced as so modified. In the event that any one or more of the provisions shall be held to be invalid, illegal or unenforceable, it is the desire of the Company and Executive that the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. If any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full force and effect without regard to the invalid portions.
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Rights and Remedies Upon Breach.
In the event If Executive
breaches, breaches , or threatens to commit a breach of, any of the provisions of
this Agreement, Sections 6 or 7 above (the "Restrictive Covenants"), the Company and its subsidiaries, affiliates,
strategic partners, successors or assigns shall have the following rights and remedies, each of which shall be independent of the others and severally enforceable, and each of which shall be in addition to, and not in lieu of, any other rights or remedies available to the Comp
...any or its subsidiaries, affiliates, strategic partners, successors or assigns at law or in equity under this Agreement or otherwise: (a) equity. 8.1 Specific Performance. The right and remedy to have each and every one of the covenants in this Agreement Restrictive Covenants specifically enforced and the right and remedy to obtain by any court of competent jurisdiction by injunctive relief, decree or otherwise, it being agreed that any breach or threatened breach of any of the nonsolicitation or other restrictive covenants and agreements contained herein Restrictive Covenants would cause irreparable injury to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns and that money damages would not provide an adequate remedy at law to the Company and or its subsidiaries, subsidi aries, affiliates, strategic partners, successors or assigns. (b) 8.2 Accounting. The right and remedy to require Executive to account for and pay over to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by Executive that as a result from of any transaction or activity constituting a breach of this Agreement. (c) Cessation any of Payments. The right the Restrictive Covenants. 8.3 Severability of Covenants. Executive acknowledges and agrees that the Restrictive Covenants are reasonable and valid in geographic and temporal scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full force and effect without regard to cease all severance payments the invalid portions. 8.4 Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provision, such court shall have the power (and is hereby instructed by the parties) to Executive hereunder. (d) modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable. 8.5 Enforceability in all Jurisdictions. Executive intends to and hereby confers jurisdiction to specifically enforce each and every one the Restrictive Covenants by issuing an injunction in aid of the covenants and agreements contained herein arbitration upon the courts of any jurisdiction within the geographic scope of such covenants and agreements. covenants. If the courts of any one or more of such jurisdictions hold any such covenant or agreement the Restrictive Covenants unenforceable by reason of the breadth or of such scope or otherwise, it is the intention of Executive and the Company that such determination shall not bar or in any way affect the Company's right of the Company or any of its subsidiaries', affiliates', successors' subsidiaries, affiliates, strategic partners, successors or assigns' right assigns to the relief provided above herein in the courts of any other jurisdiction within the geographic scope of such covenants and agreements, covenants, as to breaches of such covenants and agreements in such other respective 7 jurisdictions, such covenants and agreements as they relate to each jurisdiction being, for this purpose, severable into diverse and independent covenants and agreements. covenants. 8.6 Extension of Restriction in the Event of Breach. In the event that Executive breaches any of the provisions set forth in this Section 8, the length of time of the Restricted Period shall be extended for a period of time equal to the period of time during which Executive is in breach of such provision.
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Rights and Remedies Upon Breach.
In the event If Executive breaches, or threatens to commit a breach of, any of the provisions of
this Agreement, Sections 6 or 7 above (the "Restrictive Covenants"), the Company and its subsidiaries, affiliates,
strategic partners, successors or assigns shall have the following rights and remedies, each of which shall be independent of the others and severally enforceable, and each of which shall be in addition to, and not in lieu of, any other rights or remedies available to the Company or its
...subsidiaries, affiliates, strategic partners, successors or assigns at law or in equity under this Agreement or otherwise: (a) Specific equity. 8.1Specific Performance. The right and remedy to have each and every one of the covenants in this Agreement Restrictive Covenants specifically enforced and the right and remedy to obtain by any court of competent jurisdiction by injunctive relief, decree or otherwise, it being agreed that any breach or threatened breach of any of the nonsolicitation or other restrictive covenants and agreements contained herein Restrictive Covenants would cause irreparable injury to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns and that money damages would not provide an adequate remedy at law to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns. (b) Accounting. 8.2Accounting. The right and remedy to require Executive to account for and pay over to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by Executive that as a result from of any transaction or activity constituting a breach of this Agreement. (c) Cessation any of Payments. The right to cease all severance payments to the Restrictive Covenants. 8.3Severability of Covenants. Executive hereunder. (d) Enforceability acknowledges and agrees that the Restrictive Covenants are reasonable and valid in geographic and temporal scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full force and effect without regard to the invalid portions. 8.4Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provision, such court shall have the power (and is hereby instructed by the parties) to modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable. 8.5Enforceability in Jurisdictions. Executive intends to and hereby confers jurisdiction to specifically enforce each and every one the Restrictive Covenants by issuing an injunction in aid of the covenants and agreements contained herein arbitration upon the courts of any jurisdiction within the geographic scope of such covenants and agreements. covenants. If the courts of any one or more of such jurisdictions hold any such covenant or agreement the Restrictive Covenants unenforceable by reason of the breadth or of such scope or otherwise, it is the intention of Executive and the Company that such determination shall not bar or in any way affect the Company's right of the Company or any of its subsidiaries', affiliates', successors' subsidiaries, affiliates, 11 strategic partners, successors or assigns' right assigns to the relief provided above herein in the courts of any other jurisdiction within the geographic scope of such covenants and agreements, covenants, as to breaches of such covenants and agreements in such other respective jurisdictions, such covenants and agreements as they relate to each jurisdiction being, for this purpose, severable into diverse and independent covenants and agreements. covenants. 8.6Extension of Restriction in the Event of Breach. In the event that Executive breaches any of the provisions set forth in this Section 8, the length of time of the Restricted Period shall be extended for a period of time equal to the period of time during which Executive is in breach of such provision.
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Rights and Remedies Upon Breach.
In the event If Executive breaches, or threatens to commit a breach of, any of the provisions of
this Agreement, Sections 6 or 7 above (the "Restrictive Covenants"), the Company and its subsidiaries, affiliates,
strategic partners, successors or assigns shall have the following rights and remedies, each of which shall be independent of the others and severally enforceable, and each of which shall be in addition to, and not in lieu of, any other rights or remedies available to the Company or its
...subsidiaries, affiliates, strategic partners, successors or assigns at law or in equity under this Agreement or otherwise: (a) equity. 8.1 Specific Performance. The right and remedy to have each and every one of the covenants in this Agreement Restrictive Covenants specifically enforced and the right and remedy to obtain by any court of competent jurisdiction by injunctive relief, decree or otherwise, it being agreed that any breach or threatened breach of any of the nonsolicitation or other restrictive covenants and agreements contained herein Restrictive Covenants would cause irreparable injury to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns and that money damages would not provide an adequate remedy at law to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns. (b) 8.2 Accounting. The right and remedy to require Executive to account for and pay over to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by Executive that as a result from of any transaction or activity constituting a breach of this Agreement. (c) Cessation any of Payments. The right the Restrictive Covenants. 8.3 Severability of Covenants. Executive acknowledges and agrees that the Restrictive Covenants are reasonable and valid in geographic and temporal scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full force and effect without regard to cease all severance payments the invalid portions. 8.4 Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provision, such court shall have the power (and is hereby instructed by the parties) to Executive hereunder. (d) modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable. 8.5 Enforceability in all Jurisdictions. Executive intends to and hereby confers jurisdiction to enforce each and every one of the covenants and agreements contained herein Restrictive Covenants upon the courts of any jurisdiction within the geographic scope of such covenants and agreements. covenants. If the courts of any one or more of such 13 jurisdictions hold any such covenant or agreement the Restrictive Covenants unenforceable by reason of the breadth or of such scope or otherwise, it is the intention of Executive and the Company that such determination shall not bar or in any way affect the Company's right of the Company or any of its subsidiaries', affiliates', successors' subsidiaries, affiliates, strategic partners, successors or assigns' right assigns to the relief provided above herein in the courts of any other jurisdiction within the geographic scope of such covenants and agreements, covenants, as to breaches of such covenants and agreements in such other respective jurisdictions, such covenants and agreements as they relate to each jurisdiction being, for this purpose, severable into diverse and independent covenants and agreements. covenants. 8.6 Extension of Restriction in the Event of Breach. In the event that Executive breaches any of the provisions set forth in this Section 8, the length of time of the Restricted Period shall be extended for a period of time equal to the period of time during which Executive is in breach of such provision.
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Rights and Remedies Upon Breach.
In the event If Executive breaches, or threatens to commit a breach of, any of the provisions of
this Agreement, Sections 6 or 7 above (the "Restrictive Covenants"), the Company and its subsidiaries, affiliates,
strategic partners, successors or assigns shall have the following rights and remedies, each of which shall be independent of the others and severally enforceable, and each of which shall be in addition to, and not in lieu of, any other rights or remedies available to the Company or its
...subsidiaries, affiliates, strategic partners, successors or assigns at law or in equity under this Agreement or otherwise: (a) equity. 8.1 Specific Performance. The right and remedy to have each and every one of the covenants in this Agreement Restrictive Covenants specifically enforced and the right and remedy to obtain by any court of competent jurisdiction by injunctive relief, decree or otherwise, it being agreed that any breach or threatened breach of any of the nonsolicitation or other restrictive covenants and agreements contained herein Restrictive Covenants would cause irreparable injury to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns and that money damages would not provide an adequate remedy at law to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns. (b) 8.2 Accounting. The right and remedy to require Executive to account for and pay over to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by Executive that as a result from of any transaction or activity constituting a breach of this Agreement. (c) Cessation any of Payments. The right the Restrictive Covenants. 83 Severability of Covenants. Executive acknowledges and agrees that the Restrictive Covenants are reasonable and valid in geographic and temporal scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full force and effect without regard to cease all severance payments the invalid portions. 8.4 Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provision, such court shall have the power (and is hereby instructed by the parties) to Executive hereunder. (d) modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable. 8.5 Enforceability in all Jurisdictions. Executive intends to and hereby confers jurisdiction to enforce each and every one of the covenants and agreements contained herein Restrictive Covenants upon the courts of any jurisdiction within the geographic scope of such covenants and agreements. If the covenants. lithe courts of any one or more of such jurisdictions hold any such covenant or agreement the Restrictive Covenants unenforceable by reason of the breadth or of such scope or otherwise, it is the intention of Executive and the Company that such determination shall not bar or in any way affect the Company's right of the Company or any of its subsidiaries', affiliates', successors' subsidiaries, affiliates, strategic partners, successors or assigns' right assigns to the relief provided above herein in the courts of any other jurisdiction within the geographic scope of such covenants and agreements, covenants, as to breaches of such covenants and agreements in such other respective jurisdictions, such covenants and agreements as they relate to each jurisdiction being, for this purpose, severable into diverse and independent covenants and agreements. covenants. 8.6 Extension of Restriction in the Event of Breach. In the event that Executive breaches any of the provisions set forth in this Section 8, the length of time of the Restricted Period shall be extended for a period of time equal to the period of time during which Executive is in breach of such provision.
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Rights and Remedies Upon Breach.
In the event If Executive breaches, or threatens to commit a breach of, any of the provisions of
this Agreement, Sections 6 or 7 above (the "Restrictive Covenants"), the Company and its subsidiaries, affiliates,
strategic partners, successors or assigns shall have the following rights and remedies, each of which shall be independent of the others and severally enforceable, and each of which shall be in addition to, and not in lieu of, any other rights or remedies available to the Company or its
...subsidiaries, affiliates, strategic partners, successors or assigns at law or in equity under this Agreement or otherwise: (a) equity: 8.1 Specific Performance. The right and remedy to have each and every one of the covenants in this Agreement Restrictive Covenants specifically enforced and by any court of competent jurisdiction by injunctive decree or otherwise (without the right and remedy to obtain injunctive relief, necessity of posting a bond), it being agreed that any breach or threatened breach of any of the nonsolicitation or other restrictive covenants and agreements contained herein Restrictive Covenants would cause irreparable injury to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns and that money damages would not provide an adequate remedy at law to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns. (b) 8.2 Accounting. The right and remedy to require Executive to account for and pay over to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by Executive that as a result from of any transaction or activity constituting a breach of this Agreement. (c) any of the Restrictive Covenants. 8.3 Cessation and Recoupment of Payments. In the event that Executive is receiving payments and benefits pursuant to Section 5.3, above, the right and remedy to immediately cease making and providing Executive any future payments and benefits (except for the Accrued Benefits) and be promptly reimbursed by Executive for any payments and benefits (except for the Accrued Benefits) paid or provided to Executive pursuant to Section 5.3 during the period of such breach by Executive. 8.4 Extension of Restriction in the Event of Breach. The right and remedy to cease all severance payments extend the length of time of the Restricted Period for a period of time equal to the period of time during which Executive hereunder. (d) was or is in breach of such provision. 13 9. Enforceability in all Jurisdictions. Executive intends to and hereby confers jurisdiction to specifically enforce each and every one the Restrictive Covenants by issuing an injunction in aid of the covenants and agreements contained herein arbitration upon the courts of any jurisdiction within the geographic scope of such covenants and agreements. Restricted Area. If the courts of any one or more of such jurisdictions hold any such covenant or agreement the Restrictive Covenants unenforceable by reason of the breadth or of such scope or otherwise, it is the intention of Executive and the Company that such determination shall not bar or in any way affect the Company's right of the Company or any of its subsidiaries', affiliates', successors' subsidiaries, affiliates, strategic partners, successors or assigns' right assigns to the relief provided above herein in the courts of any other jurisdiction within the geographic scope of such covenants and agreements, covenants, as to breaches of such covenants and agreements in such other respective jurisdictions, such covenants and agreements as they relate to each jurisdiction being, for this purpose, severable into diverse and independent covenants and agreements. covenants.
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Rights and Remedies Upon Breach.
In the event If Executive breaches, or threatens to commit a breach of, any of the provisions of
this Agreement, Sections 6 or 7 above (the "Restrictive Covenants"), the Company and its subsidiaries, affiliates,
strategic partners, successors or assigns shall have the following rights and remedies, each of which shall be independent of the others and severally enforceable, and each of which shall be in addition to, and not in lieu of, any other rights or remedies available to the Company or its
...subsidiaries, affiliates, strategic partners, successors or assigns at law or in equity under this Agreement or otherwise: (a) equity. 8.1 Specific Performance. The right and remedy to have each and every one of the covenants in this Agreement Restrictive Covenants specifically enforced and the right and remedy to obtain by any court of competent jurisdiction by injunctive relief, decree or otherwise, it being agreed that any breach or threatened breach of any of the nonsolicitation or other restrictive covenants and agreements contained herein Restrictive Covenants would cause irreparable injury to the Company and or its subsidiaries, affiliates, 11 strategic partners, successors or assigns and that money damages would not provide an adequate remedy at law to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns. (b) 8.2 Accounting. The right and remedy to require Executive to account for and pay over to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by Executive that as a result from of any transaction or activity constituting a breach of this Agreement. (c) Cessation any of Payments. The right the Restrictive Covenants. 8.3 Severability of Covenants. Executive acknowledges and agrees that the Restrictive Covenants are reasonable and valid in geographic and temporal scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full force and effect without regard to cease all severance payments the invalid portions. 8.4 Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provision, such court shall have the power (and is hereby instructed by the parties) to Executive hereunder. (d) modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable. 8.5 Enforceability in all Jurisdictions. Executive intends to and hereby confers jurisdiction to enforce each and every one of the covenants and agreements contained herein Restrictive Covenants upon the courts of any jurisdiction within the geographic scope of such covenants and agreements. covenants. If the courts of any one or more of such jurisdictions hold any such covenant or agreement the Restrictive Covenants unenforceable by reason of the breadth or of such scope or otherwise, it is the intention of Executive and the Company that such determination shall not bar or in any way affect the Company's right of the Company or any of its subsidiaries', affiliates', successors' subsidiaries, affiliates, strategic partners, successors or assigns' right assigns to the relief provided above herein in the courts of any other jurisdiction within the geographic scope of such covenants and agreements, covenants, as to breaches of such covenants and agreements in such other respective jurisdictions, such covenants and agreements as they relate to each jurisdiction being, for this purpose, severable into diverse and independent covenants and agreements. covenants. 8.6 Extension of Restriction in the Event of Breach. In the event that Executive breaches any of the provisions set forth in this Section 8, the length of time of the Restricted Period shall be extended for a period of time equal to the period of time during which Executive is in breach of such provision.
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Rights and Remedies Upon Breach.
In the event If Executive breaches, or threatens to commit a breach of, any of the provisions of
this Agreement, Sections 6 or 7 above (the "Restrictive Covenants"), the Company and its subsidiaries, affiliates,
strategic partners, successors or assigns shall have the following rights and remedies, each of which shall be independent of the others and severally enforceable, and each of which shall be in addition to, and not in lieu of, any other rights or remedies available to the Company or its
...subsidiaries, affiliates, strategic partners, successors or assigns at law or in equity under this Agreement or otherwise: (a) equity. 8.1 Specific Performance. The right and remedy to have each and every one of the covenants in this Agreement Restrictive Covenants specifically enforced and the right and remedy to obtain by any court of competent jurisdiction by injunctive relief, decree or otherwise, it being agreed that any breach or threatened breach of any of the nonsolicitation or other restrictive covenants and agreements contained herein Restrictive Covenants would cause irreparable injury to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns and that money damages would not provide an adequate remedy at law to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns. (b) 8.2 Accounting. The right and remedy to require Executive to account for and pay over to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or received by Executive that as a result from of any transaction or activity constituting a breach of this Agreement. (c) Cessation any of Payments. The right the Restrictive Covenants. 8.3 Severability of Covenants. Executive acknowledges and agrees that the Restrictive Covenants are reasonable and valid in geographic and temporal scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full force and effect without regard to cease all severance payments the invalid portions. 8.4 Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provision, such court shall have the power (and is hereby instructed by the parties) to Executive hereunder. (d) modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable. 8.5 Enforceability in all Jurisdictions. Executive intends to and hereby confers jurisdiction to enforce each and every one of the covenants and agreements contained herein Restrictive Covenants upon the courts of any jurisdiction within the geographic scope of such covenants and agreements. covenants. If the courts of any one or more of such jurisdictions hold any such covenant or agreement the Restrictive Covenants unenforceable by reason of the breadth or of such scope or otherwise, it is the intention of Executive and the Company that such determination shall not bar or in any way affect the Company's right of the Company or any of its subsidiaries', affiliates', successors' subsidiaries, affiliates, strategic partners, successors or assigns' right assigns to the relief provided above herein in the courts of any other jurisdiction within the geographic scope of such covenants and agreements, covenants, as to breaches of such covenants and agreements in such other respective jurisdictions, such covenants and agreements as they relate to each jurisdiction being, for this purpose, severable into diverse and independent covenants and agreements. covenants. 8.6 Extension of Restriction in the Event of Breach. In the event that Executive breaches any of the provisions set forth in this Section 8, the length of time of the Restricted Period shall be extended for a period of time equal to the period of time during which Executive is in breach of such provision.
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Rights and Remedies Upon Breach.
In the event If Executive breaches, or threatens to commit a breach of, any of the provisions of
this Agreement, Sections 6 or 7 above (the "Restrictive Covenants"), the Company and its subsidiaries, affiliates,
strategic partners, successors or assigns shall have the following rights and remedies, each of which shall be independent of the others and severally enforceable, and each of which shall be in addition to, and not in lieu of, any other rights or remedies available to the Company or its
...subsidiaries, affiliates, strategic partners, successors or assigns at law or in equity under this Agreement or otherwise: (a) equity. 8.1 Specific Performance. The right and remedy to have each and every one of the covenants in this Agreement Restrictive Covenants specifically enforced and the right and remedy to obtain by any court of competent jurisdiction by injunctive relief, decree or otherwise, it being agreed that any breach or threatened breach of any of the nonsolicitation or other restrictive covenants and agreements contained herein Restrictive Covenants would cause irreparable injury to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns and that money damages would not provide an adequate remedy at law to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns. (b) 8.2 Accounting. The right and remedy to require Executive to account for and pay over to the Company and or its subsidiaries, affiliates, strategic partners, successors or assigns, as the case may be, all compensation, profits, monies, accruals, increments or other benefits derived or 7 received by Executive that as a result from of any transaction or activity constituting a breach of this Agreement. (c) Cessation any of Payments. The right the Restrictive Covenants. 8.3 Severability of Covenants. Executive acknowledges and agrees that the Restrictive Covenants are reasonable and valid in geographic and temporal scope and in all other respects. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full force and effect without regard to cease all severance payments the invalid portions. 8.4 Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof; is unenforceable because of the duration or scope of such provision, such court shall have the power (and is hereby instructed by the parties) to Executive hereunder. (d) reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its reduced form, such provision shall then be enforceable. 8.5 Enforceability in all Jurisdictions. Executive intends to and hereby confers jurisdiction to enforce each and every one of the covenants and agreements contained herein Restrictive Covenants upon the courts of any jurisdiction within the geographic scope of such covenants and agreements. covenants. If the courts of any one or more of such jurisdictions hold any such covenant or agreement the Restrictive Covenants unenforceable by reason of the breadth or of such scope or otherwise, it is the intention of Executive and the Company that such determination shall not bar or in any way affect the Company's right of the Company or any of its subsidiaries', affiliates', successors' subsidiaries, affiliates, strategic partners, successors or assigns' right assigns to the relief provided above herein in the courts of any other jurisdiction within the geographic scope of such covenants and agreements, covenants, as to breaches of such covenants and agreements in such other respective jurisdictions, such covenants and agreements as they relate to each jurisdiction being, for this purpose, severable into diverse and independent covenants and agreements. covenants.
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