Dispute Resolution; Remedies. (a) In the event a dispute shall arise between the parties as to whether the provisions of this Agreement have been complied with, the parties agree, subject to paragraphs (b) and (c) below, to resolve such dispute in accordance with the provisions of Article VI of the Employment Agreement, which provisions are hereby incorporated in this Agreement as if set forth in their entirety. In the event a dispute under this Agreement is resolved by mediation or arbitration in accordance with this paragraph (a), the non-prevailing party shall be responsible for the legal fees and expenses incurred by the prevailing party in connection with such mediation or arbitration. (b) Employee acknowledges and agrees that a breach of any of the covenants contained in Article IV hereof may result in material irreparable injury to the Company for which there is no adquate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach, the Company shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction restraining Employee from engaging in activities prohibited by such covenants or such other relief as may be required or appropriate to specifically enforce any of such covenants. Employee submits to the in personam jurisdiction before each and every court in Harr▇▇ ▇▇▇nty, Texas for that purpose. (c) The Company acknowledges and agrees that a breach of Section 4.3(a) hereof may result in material irreparable injury to Employee for which there is no adquate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach, Employee shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction restraining the Company from engaging in activities prohibited by Section 4.3(a) or such other relief as may be required or appropriate to specifically enforce Section 4.3(a). The Company submits to the in personam jurisdiction before each and every court in Harr▇▇ ▇▇▇nty, Texas for that purpose. (d) If Employee breaches any of his obligations under this Agreement, the Company shall be entitled, by giving prior written notice to Employee, to (i) rescind and revoke its obligation to pay the bonus described in Section 2.3 hereof, (ii) reduce the term of the Employee Stock Options so that they may not be exercised after the first anniversary of the Retirement Date and/or (iii) cause the shares described in Section 2.7 hereof to be subject to the provisions Stockholders Agreement referred to therein to the same extent as if this Agreement had not been entered into. Each notice given by the Company pursuant to this paragraph (d) shall describe, in reasonable detail, the breach of this Agreement by Employee which is the basis for such notice. Any dispute under this paragraph (d) shall be resolved as provided in paragraph (a) of this Section 5.3. (e) Subject to paragraph (a) above, no right, power or remedy granted under this Agreement is intended to be exclusive, but each shall be cumulative and in addition to any and all other rights, powers and remedies referred to in this Agreement or otherwise available at law or in equity.
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Dispute Resolution; Remedies. (a) In the event a dispute shall arise between the parties as to whether the provisions of this Agreement have been complied with, the parties agree, subject to paragraphs (b) and (c) below, to resolve such dispute in accordance with the provisions of Article VI of the Employment Agreement, which provisions are hereby incorporated in this Agreement as if set forth in their entirety. In the event a dispute under this Agreement is resolved by mediation or arbitration in accordance with this paragraph (a), the non-prevailing party shall be responsible for the reasonable legal fees and expenses incurred by the prevailing party in connection with such mediation or arbitration.
(b) Employee acknowledges and agrees that a breach of any of the covenants contained in Article IV hereof may result in material irreparable injury to the Company for which there is no adquate adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach, the Company shall be entitled to obtain a temporary restraining order and/or or a preliminary or permanent injunction restraining Employee from engaging in activities prohibited by such covenants or such other relief as may be required or appropriate to specifically enforce any of such covenants. Employee submits to the in personam jurisdiction before each and every court in Harr▇▇ ▇▇▇nty▇▇▇ County, Texas for that purpose.
(c) The Company acknowledges and agrees that a breach of Section 4.3(a) hereof may result in material irreparable injury to Employee for which there is no adquate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach, Employee shall be entitled to obtain a temporary restraining order and/or a preliminary or permanent injunction restraining the Company from engaging in activities prohibited by Section 4.3(a) or such other relief as may be required or appropriate to specifically enforce Section 4.3(a). The Company submits to the in personam jurisdiction before each and every court in Harr▇▇ ▇▇▇nty, Texas for that purpose.
(d) If Employee breaches any of his obligations under this Agreement, the Company shall be entitled, by giving prior written notice to Employee, to (i) rescind and revoke its obligation to pay the bonus described in Section 2.3 hereof, (ii) reduce the term of the Employee Stock Options so that they may not be exercised after the first anniversary of the Retirement Date and/or (iii) cause the shares described in Section 2.7 hereof to be subject to the provisions Stockholders Agreement referred to therein to the same extent as if this Agreement had not been entered into. Each notice given by the Company pursuant to this paragraph (d) shall describe, in reasonable detail, the breach of this Agreement by Employee which is the basis for such notice. Any dispute under this paragraph (d) shall be resolved as provided in paragraph (a) of this Section 5.3.
(e) Subject to paragraph (a) above, no right, power or remedy granted under this Agreement is intended to be exclusive, but each shall be cumulative and in addition to any and all other rights, powers and remedies referred to in this Agreement or otherwise available at law or in equity.
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