Common use of Breach of Restrictive Covenants Clause in Contracts

Breach of Restrictive Covenants. The Optionee acknowledges and agrees that any breach by the Optionee of any of the provisions of this Section 18 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4 specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.1, 18.2, 18.3 and 18.4 extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the Optionee’s first breach of such Restrictive Covenants or (B) the date of the Optionee’s termination of employment with the Company (or any Subsidiary or Affiliate of the Company), until the later of: (I) the date the Optionee ceases breaching such Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee has breached such Restrictive Covenants.

Breach of Restrictive Covenants. The Optionee Grantee acknowledges and agrees that any breach by the Optionee him of any of the provisions of this Section 18 16 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee Grantee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4Covenants, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4 specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee Grantee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.1, 18.2, 18.3 and 18.4 extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the OptioneeGrantee’s first breach of such the Restrictive Covenants or (B) the date of the OptioneeGrantee’s termination of employment with the Company (or any Subsidiary or Affiliate of the Company), until the later of: (I) the date the Optionee Grantee ceases breaching such the Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee Grantee has breached such the Restrictive Covenants.

Breach of Restrictive Covenants. The Optionee Grantee acknowledges and agrees that any breach by the Optionee him of any of the provisions of this Section 18 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee Grantee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.118(a), 18.2(b), 18.3 (c) and 18.4(d), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.118(a), 18.2(b), 18.3 (c) and 18.4 (d) specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee Grantee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.118(a), 18.2(b), 18.3 (c) and 18.4 (d) extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the OptioneeGrantee’s first breach of such the Restrictive Covenants or (B) the date of the OptioneeGrantee’s termination of employment with the Company (or any Subsidiary or Affiliate of the Company), until the later of: (I) the date the Optionee Grantee ceases breaching such the Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee Grantee has breached such the Restrictive Covenants.

Breach of Restrictive Covenants. The Optionee acknowledges and agrees that any breach by the Optionee him of any of the provisions of this Section 18 16 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4Covenants, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4 specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.1, 18.2, 18.3 and 18.4 extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the Optionee’s first breach of such the Restrictive Covenants or (B) the date of the Optionee’s termination of employment with the Company (or any Subsidiary or Affiliate of the Company), until the later of: (I) the date the Optionee ceases breaching such the Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee has breached such the Restrictive Covenants.

Breach of Restrictive Covenants. The Optionee Grantee acknowledges and agrees that any breach by the Optionee Grantee of any of the provisions of this Section 18 12 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee Grantee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.112.1, 18.2, 18.3 12.2 and 18.412.3, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.112.1, 18.2, 18.3 12.2 and 18.4 12.3 specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee Grantee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.112.1, 18.2, 18.3 12.2 and 18.4 12.3 extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the OptioneeGrantee’s first breach of such Restrictive Covenants or (B) the date of the OptioneeGrantee’s termination of employment with the Company (or any Subsidiary or Affiliate of the Company), until the later of: (I) the date the Optionee Grantee ceases breaching such Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee Grantee has breached such Restrictive Covenants.

Breach of Restrictive Covenants. The Optionee Grantee acknowledges and agrees that any breach by the Optionee Grantee of any of the provisions of this Section 18 11 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee Grantee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.111.1, 18.211.2, 18.3 11.3 and 18.411.4, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.111.1, 18.211.2, 18.3 11.3 and 18.4 11.4 specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee Grantee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.111.1, 18.211.2, 18.3 11.3 and 18.4 11.4 extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the OptioneeGrantee’s first breach of such Restrictive Covenants or (B) the date of the OptioneeGrantee’s termination of employment with the Company (or any Subsidiary or Affiliate of the Company), until the later of: (I) the date the Optionee Grantee ceases breaching such Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee Grantee has breached such Restrictive Covenants.

Breach of Restrictive Covenants. The Optionee acknowledges and agrees that any breach by the Optionee him of any of the provisions of this Section 18 16 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4Covenants, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4 specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.1, 18.2, 18.3 and 18.4 extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the Optionee’s first breach of such the Restrictive Covenants or (B) the date of the Optionee’s termination of employment with the Company (or any Subsidiary or Affiliate service as a director of the Company), until the later of: (I) the date the Optionee ceases breaching such the Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee has breached such the Restrictive Covenants.

Breach of Restrictive Covenants. The Optionee Grantee acknowledges and agrees that any breach by the Optionee him of any of the provisions of this Section 18 17 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee Grantee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.117(a), 18.2(b), 18.3 (c) and 18.4(d), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.117(a), 18.2(b), 18.3 (c) and 18.4 (d) specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee Grantee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.117(a), 18.2(b), 18.3 (c) and 18.4 (d) extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the OptioneeGrantee’s first breach of such the Restrictive Covenants or (B) the date of the OptioneeGrantee’s termination of employment with the Company (or any Subsidiary or Affiliate service as a director of the Company), until the later of: (I) the date the Optionee Grantee ceases breaching such the Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee Grantee has breached such the Restrictive Covenants.

Breach of Restrictive Covenants. The Optionee Grantee acknowledges and agrees that any breach by the Optionee Grantee of any of the provisions of this Section 18 12 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee Grantee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.112.1, 18.212.2, 18.3 12.3 and 18.412.4, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.112.1, 18.212.2, 18.3 12.3 and 18.4 12.4 specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee Grantee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.112.1, 18.212.2, 18.3 12.3 and 18.4 12.4 extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the OptioneeGrantee’s first breach of such Restrictive Covenants or (B) the date of the OptioneeGrantee’s termination of employment with the Company (or any Subsidiary or Affiliate of the Company), until the later of: (I) the date the Optionee Grantee ceases breaching such Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee Grantee has breached such Restrictive Covenants.

Breach of Restrictive Covenants. The Optionee acknowledges and agrees that any breach by the Optionee him of any of the provisions of this Section 18 16 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4Covenants, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4 specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.1, 18.2, 18.3 and 18.4 extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the Optionee’s first breach of such the Restrictive Covenants or (B) the date of the Optionee’s termination of employment with the Company (or any Subsidiary or Affiliate termination of the Company)service as a director, until the later of: (I) the date the Optionee ceases breaching such the Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee has breached such the Restrictive Covenants.

Breach of Restrictive Covenants. The Optionee Grantee acknowledges and agrees that any breach by the Optionee Grantee of any of the provisions of this Section 18 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee Grantee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.118(a), 18.218(b), 18.3 18(c) and 18.418(d), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.118(a), 18.218(b), 18.3 18(c) and 18.4 18(d) specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee Grantee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.118(a), 18.218(b), 18.3 18(c) and 18.4 18(d) extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the OptioneeGrantee’s first breach of such Restrictive Covenants or (B) the date of the OptioneeGrantee’s termination of employment with the Company (or any Subsidiary or Affiliate of the Company), until the later of: (I) the date the Optionee Grantee ceases breaching such Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee Grantee has breached such Restrictive Covenants.

Breach of Restrictive Covenants. The Optionee Grantee acknowledges and agrees that any breach by the Optionee him of any of the provisions of this Section 18 15 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee Grantee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4Covenants, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4 specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee Grantee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.1, 18.2, 18.3 and 18.4 extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the OptioneeGrantee’s first breach of such the Restrictive Covenants or (B) the date of the OptioneeGrantee’s termination of employment with the Company (or any Subsidiary or Affiliate service as a director of the Company), until the later of: (I) the date the Optionee Grantee ceases breaching such the Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee Grantee has breached such the Restrictive Covenants.

Breach of Restrictive Covenants. The Optionee Grantee acknowledges and agrees that any breach by the Optionee him of any of the provisions of this Section 18 16 (the “Restrictive Covenants”) would result in irreparable injury and damage to the Company for which money damages would not provide an adequate remedy. Therefore, if the Optionee Grantee breaches, or threatens to commit a breach of, any of the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4Covenants, the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants set forth in Sections 18.1, 18.2, 18.3 and 18.4 specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Optionee Grantee of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to have the period of time of any such Restrictive Covenant set forth in Sections 18.1, 18.2, 18.3 and 18.4 extended by the amount of time equivalent to the time that accrues from the earlier of: (A) the OptioneeGrantee’s first breach of such the Restrictive Covenants or (B) the date of the OptioneeGrantee’s termination of employment or termination of service as a director with the Company (or any Subsidiary or Affiliate of the Company), until the later of: (I) the date the Optionee Grantee ceases breaching such the Restrictive Covenants; or (II) the date a court of proper jurisdiction issues a judgment finding that the Optionee Grantee has breached such the Restrictive Covenants.