Common use of Provisions Necessary and Reasonable Clause in Contracts

Provisions Necessary and Reasonable. The Consultant agrees that the provisions of Sections 6 and 9 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions and goodwill. In the event of any breach of any of the covenants set forth in Sections 6 and 9 herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Consultant agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach.

Appears in 2 contracts

Sources: Personal Services Agreement (Viking Systems Inc), Personal Services Agreement (Viking Systems Inc)

Provisions Necessary and Reasonable. The Consultant Receiving Party agrees that that 1. the provisions of Sections 6 and 9 of this Agreement are necessary and reasonable to protect the Company's Confidential Information’s confidential information, Inventions inventions, trade, commercial and financial interests, and goodwill; and 2. In in the event of any breach of any of the covenants set forth in Sections 6 and 9 herein, the Company would suffer suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Consultant Receiving Party agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form form, of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect affect the Company's ’s right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach.

Appears in 1 contract

Sources: Non Compete Non Disclosure Agreement