Common use of Remedy for Violation Clause in Contracts

Remedy for Violation. a. In the event that ▇▇. ▇▇▇▇▇▇ brings a cause of action against COMPANY in violation of Paragraphs 12 and 13 above, ▇▇. ▇▇▇▇▇▇ understands and agrees to place in an escrow account an amount equal to any settlement or separation payment paid to ▇▇. ▇▇▇▇▇▇ pursuant to Paragraph 1(e)(i) of this Revised Negotiated Employment Agreement while said cause of action is in litigation. If a court of competent jurisdiction determines that ▇▇. ▇▇▇▇▇▇ should not have brought such a cause of action because it is without merit and/or prohibited by ▇▇. ▇▇▇▇▇▇’▇ promises in this Agreement, then ▇▇. ▇▇▇▇▇▇ shall repay to COMPANY any settlement payment(s) being held in the escrow account, as well as an amount, with interest, equal to any salary continuation after ▇▇. ▇▇▇▇▇▇ is released from regular full-time duties and responsibilities, other discretionary payments or services which are paid to or provided to ▇▇. ▇▇▇▇▇▇ as consideration for the promises made by ▇▇. ▇▇▇▇▇▇ in this Agreement, and attorneys fees incurred by COMPANY defending its actions and this Agreement, in addition to any other damages the Court may deem proper. b. ▇▇. ▇▇▇▇▇▇ further understands that any breach of Paragraphs 7(d), 8, 10 and 11 of this Agreement could cause irreparable harm to the COMPANY. ▇▇. ▇▇▇▇▇▇ agrees that COMPANY has the right to seek an injunction to prevent violation of ▇▇. ▇▇▇▇▇▇’▇ obligations under this Agreement, in addition to COMPANY’s right to seek the remedies at law described in subsection (a) above.

Appears in 1 contract

Sources: Revised Negotiated Employment Agreement (Energizer Holdings Inc)

Remedy for Violation. a. In the event that ▇▇. ▇▇▇▇▇▇ brings a cause of action against COMPANY in violation of Paragraphs 11 and 12 and 13 above, ▇▇. ▇▇▇▇▇▇ understands and agrees to place in an escrow account an amount equal to any settlement or separation payment paid to ▇▇. ▇▇▇▇▇▇ pursuant to this Agreement (except for payments pursuant to Paragraph 1(e)(i1(j)) of this Revised Negotiated Employment Agreement while said cause of action is in litigation. If a court of competent jurisdiction determines that ▇▇. ▇▇▇▇▇▇ should not have brought such a cause of action because it is without merit and/or prohibited by ▇▇. ▇▇▇▇▇▇’'▇ promises in this Agreement, then ▇▇. ▇▇▇▇▇▇ shall repay to COMPANY any settlement payment(s) being held in the escrow account, as well as an amount, with interest, equal to any salary continuation after ▇▇. ▇▇▇▇▇▇ is released from regular full-time duties and responsibilities, other discretionary payments or services which that are paid to or provided to ▇▇. ▇▇▇▇▇▇ as consideration for the promises made by ▇▇. ▇▇▇▇▇▇ in this Agreement, and attorneys fees incurred by COMPANY defending its actions and this Agreement, in addition to any other damages the Court may deem proper. b. ▇▇. ▇▇▇▇▇▇ further understands that any breach of Paragraphs 7(d6(e), 87, 9 and 10 and 11 of this Agreement could cause irreparable harm to the COMPANY. ▇▇. ▇▇▇▇▇▇ agrees that COMPANY has the right to seek an injunction to prevent violation of ▇▇. ▇▇▇▇▇▇’'▇ obligations under this Agreement, in addition to COMPANY’s 's right to seek the remedies at law described in subsection (a) above.

Appears in 1 contract

Sources: Negotiated Employment Agreement (Energizer Holdings Inc)

Remedy for Violation. a. In the event that ▇▇. ▇▇▇▇▇▇▇▇ brings a cause of action against COMPANY in violation of Paragraphs 12 and 13 above, ▇▇. ▇▇▇▇▇▇▇▇ understands and agrees to place in an escrow account an amount equal to any settlement or separation payment paid to ▇▇. ▇▇▇▇▇▇▇▇ pursuant to this Agreement (except for payments pursuant to Paragraph 1(e)(i1(j)) of this Revised Negotiated Employment Agreement while said cause of action is in litigation. If a court of competent jurisdiction determines that ▇▇. ▇▇▇▇▇▇▇▇ should not have brought such a cause of action because it is without merit and/or prohibited by ▇▇. ▇▇▇▇▇▇▇▇'▇ promises in this Agreement, then ▇▇. ▇▇▇▇▇▇▇▇ shall repay to COMPANY any settlement payment(s) being held in the escrow account, as well as an amount, with interest, equal to any salary continuation after ▇▇. ▇▇▇▇▇▇▇▇ is released from regular full-time duties and responsibilities, other discretionary payments or services which are paid to or provided to ▇▇. ▇▇▇▇▇▇▇▇ as consideration for the promises made by ▇▇. ▇▇▇▇▇▇▇▇ in this Agreement, and attorneys fees incurred by COMPANY defending its actions and this Agreement, in addition to any other damages the Court may deem proper. b. ▇▇. ▇▇▇▇▇▇▇▇ further understands that any breach of Paragraphs 7(d), 8, 10 and 11 of this Agreement could cause irreparable harm to the COMPANY. ▇▇. ▇▇▇▇▇▇▇▇ agrees that COMPANY has the right to seek an injunction to prevent violation of ▇▇. ▇▇▇▇▇▇▇▇'▇ obligations under this Agreement, in addition to COMPANY’s 's right to seek the remedies at law described in subsection (a) above.

Appears in 1 contract

Sources: Employment Agreement (Energizer Holdings Inc)