Common use of In the Event of Breach Clause in Contracts

In the Event of Breach. The parties agree that the provisions of Sections 17 and 18 of the Employment Agreement concerning Dispute Resolution are incorporated herein by reference. Notwithstanding the foregoing, in the event that ▇▇▇▇▇ breaches any of the provisions of Section 8 of this Agreement, ▇▇▇▇▇ understands that the MTGA may exercise any available remedies including its right to bring an action to enjoin any such breach in any court having personal jurisdiction over him, as he acknowledges that MTGA would suffer irreparable harm in the event of such breach. ▇▇▇▇▇ further acknowledges that in no event shall MTGA have to prove special damages before proceeding with an injunction against him. ▇▇▇▇▇ also agrees that in the event he breaches his covenant of confidentiality and/or non-competition toward MTGA, the MTGA may recover, in addition to any other legal damages, its reasonable attorney’s fees, court costs and other litigation expenses incurred in investigating and prosecuting any breach. In addition, with respect to his breach or threatened breach of the confidentiality and/or non-competition provisions herein, MTGA has the right to notify ▇▇▇▇▇’▇ new or prospective employer of the terms and conditions of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement (Mohegan Tribal Gaming Authority)

In the Event of Breach. The parties agree that the provisions of Sections 17 and 18 of the Employment Agreement concerning Dispute Resolution are incorporated herein by reference. Notwithstanding the foregoing, in the event that ▇▇▇▇▇▇▇▇▇▇ breaches any of the provisions of Section Paragraph 8 of this Agreement, ▇▇▇▇▇▇▇▇▇▇ understands that the MTGA may exercise any available remedies including its right to bring an action to enjoin any such breach in any court having personal jurisdiction over him, as he acknowledges that MTGA would suffer irreparable harm in the event of such breach. ▇▇▇▇▇▇▇▇▇▇ further acknowledges that in no event shall MTGA have to prove special damages before proceeding with an injunction against him. ▇▇▇▇▇▇▇▇▇▇ also agrees that in the event he breaches his covenant any duty of confidentiality to MTGA and/or non-competition toward any covenant not to compete with MTGA, the MTGA may recover, in addition to any other legal damages, its reasonable attorney’s attorneys’ fees, court costs and other litigation expenses incurred in investigating and prosecuting any breach, provided that ▇▇▇▇▇▇▇▇▇▇ may recover from the MTGA his reasonable attorneys’ fees, costs, and other litigation expenses if he prevails in any such proceeding. In addition, with respect to his breach or threatened breach of the confidentiality and/or non-competition provisions herein, MTGA has the right to notify ▇▇▇▇▇▇▇▇▇▇’▇ new or prospective employer of the terms and conditions of this Agreement.

Appears in 1 contract

Sources: Separation Agreement (Mohegan Tribal Gaming Authority)