Compensation for breach of contract. The Employee acknowledges that the Employee’s guarantee above to guarantee the Company’s Trade Secrets and non-compete commitment in this Article is an express precondition for the Company’s agreement to hire the Employee in accordance with this Contract, and if the Employee breaches any of said obligations it could cause the inestimable losses to the company. The Employee therefore agrees that any action that breaches or violates the obligations stipulated in this Article shall entitle the Company to file a lawsuit or request enforcement or a prohibition directly in the courts without going through a labor arbitration and the Company shall not be required to prove the actual losses that it has sustained, and may ask the court for a decision or judgment to grant compensation for the prohibitive and indemnifiable losses. The Employee agrees that under circumstances in which the Company is able to prove that the Employee has breached the obligations stipulated in this Article, the Employee waives the any right to demand that the Company prove the actual losses that it has sustained as a result.
Appears in 2 contracts
Sources: Employment Contract (Borqs Technologies, Inc.), Employment Contract (Borqs Technologies, Inc.)