Common use of Specific Remedies Clause in Contracts

Specific Remedies. It is understood by the Consultant and AVT that the covenants contained in this Section 10 and Sections 6, 7 and 9 are essential elements of this Agreement and that, but for the agreement of the Consultant to comply with such covenants, AVT would not have agreed to enter into this Agreement. If the Consultant commits a breach of any of the provisions of Sections 6, 7 or 9 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, the Consultant acknowledges that AVT may have no adequate remedy at law if he violates any of the terms thereof. The Consultant therefore understands and agrees that AVT shall have without prejudice as to any other remedies: 10.1. the right upon application to any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable relief, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT and that money damages will not provide an adequate remedy to AVT; and 10.2. the right to apply to any court of proper jurisdiction, to require the Consultant to account for and pay over all compensation, profits, monies, accruals, increments and other benefits (collectively the “Benefits”) derived or received by the Consultant as a result of any transaction constituting a breach of any of the provisions of Sections 6, 7, or 9, and, if a court so orders, the Consultant hereby agrees to account for and pay over such Benefits to AVT. Each of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equity.

Specific Remedies. a) It is understood by Employee and the Consultant and AVT Company that the covenants contained in this Section 10 and in Sections 67, 7 8, and 9 hereof are essential elements of this Agreement and that, but for the agreement of the Consultant Employee to comply with such covenants, AVT the Company would not have agreed to enter into this Agreement or consummate the transactions contemplated by the Stock Purchase Agreement. The Company and Employee have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by the Company and all interests of the Company and its stockholders. Employee agrees that the covenants of Sections 7, 8 and 9 are reasonable and valid. If the Consultant Employee commits a breach of any of the provisions of Sections 67, 7 8, or 9 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, notwithstanding the Consultant provisions of Sections 8 and 9, Employee acknowledges that AVT may the Company will have no adequate remedy at law if he violates any of the terms thereofhereof. The Consultant Employee therefore understands and agrees that AVT the Company shall have without prejudice as to any other remedies: 10.1. i. the right upon application to any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable relief, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT and that money damages will not provide an adequate remedy to AVT; and 10.2ii. the right to apply to any court of proper jurisdiction, to require the Consultant Employee to account for and pay over all compensation, profits, monies, accruals, increments and other benefits (collectively the “Benefits”) derived or received by the Consultant Employee as a result of any transaction constituting a breach of any of the provisions of or Sections 6, 7, 8 or 9, and, if a court so orders, the Consultant Employee hereby agrees to account for and pay over such Benefits to AVT. Each of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equityCompany.

Specific Remedies. For purposes of Sections 7, 8 and 9 of this Agreement, references to the Company shall include all current and future majority-owned subsidiaries of the Company and all current and future joint ventures in which the Company may from time to time be involved. It is understood by the Consultant Employee and AVT the Company that the covenants contained in this Section 10 and in Sections 67, 7 8, and 9 hereof are essential elements of this Agreement and that, but for the agreement of the Consultant Employee to comply with such covenants, AVT the Company would not have agreed to enter into this Agreement. The Company and the Employee have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by the Company and the interests of the Company and its stockholders. The Employee agrees that the covenants of Sections 7, 8, and 9 are reasonable and valid. If the Consultant Employee commits a breach of any of the provisions of Sections 67, 7 8, or 9 hereof9, such breach shall be deemed to be grounds for termination for Cause. In addition, the Consultant Employee acknowledges that AVT the Company may have no adequate remedy at law if he violates any of the terms thereofhereof. The Consultant Employee therefore understands and agrees that AVT the Company shall have without prejudice as to any other remedies: 10.1. (i) the right upon application to have such provisions specifically enforced by any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable reliefhaving equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT the Company and that money damages will not provide an adequate remedy to AVT; and 10.2. the Company, and (ii) the right to apply to any court of proper jurisdiction, to require the Consultant Employee to account for and pay over to the Company all compensation, profits, monies, accruals, increments and other benefits (collectively collectively, the “"Benefits”") derived or received by the Consultant Employee as a result of any transaction constituting a willful breach of any of the provisions of Sections 6, 7, 8, or 9, and, if a court so orders, 9 and the Consultant Employee hereby agrees to account for and pay over such Benefits to AVT. Each of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equityCompany.

Specific Remedies. (a) It is understood by Employee and the Consultant and AVT Company that the covenants contained in this Section 10 and in Sections 67, 7 8 and 9 hereof are essential elements of this Agreement and that, but for the agreement of the Consultant Employee to comply with such covenants, AVT the Company would not have agreed to enter into this Agreement. The Company and Employee have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by the Company and all interests of the Company. Employee agrees that the covenants of Sections 7, 8 and 9 are reasonable and valid. If the Consultant Employee commits a breach of any of the provisions of Sections 67, 7 8 or 9 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, notwithstanding the Consultant provisions of Sections 8 and 9, Employee acknowledges that AVT may the Company will have no adequate remedy at law if he violates any of the terms thereofhereof. The Consultant Employee therefore understands and agrees that AVT the Company shall have without prejudice as to any other remedies: 10.1. (i) the right upon application to any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable relief, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT and that money damages will not provide an adequate remedy to AVT; and 10.2. (ii) the right to apply to any court of proper jurisdiction, to require the Consultant Employee to account for and pay over all compensation, profits, monies, accruals, increments and other benefits (collectively the “"Benefits”") derived or received by the Consultant Employee as a result of any transaction constituting a breach of any of the provisions of Sections 6, 7, 8 or 9, and, if a court so orders, the Consultant Employee hereby agrees to account for and pay over such Benefits to AVT. Each of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equityCompany.

Specific Remedies. For purposes of Sections 8, 9 and 10 of this Restated Agreement, references to NSI shall include all current and future majority-owned subsidiaries of NSI and all current and future joint ventures in which NSI may from time to time be involved. It is understood by the Consultant Rutenberg and AVT NSI that the covenants contained in this Section 11 and in Sections 8, 9 and 10 and Sections 6, 7 and 9 hereof are essential elements of this Restated Agreement and that, but for the agreement of the Consultant Rutenberg to comply with such covenants, AVT NSI would not have agreed to enter into this Agreement. NSI and Rutenberg have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by NSI and the interests of NSI and its stockholders. Rutenberg agrees that the covenants of Sections 8, 9 and 10 are reasonable and valid. If the Consultant Rutenberg commits a breach of any of the provisions of Sections 68, 7 9, or 9 hereof10, such breach shall be deemed to be grounds for termination for Cause. In addition, the Consultant Rutenberg acknowledges that AVT NSI may have no adequate remedy at law if he violates any of the terms thereofhereof. The Consultant Rutenberg therefore understands and agrees that AVT NSI shall have without prejudice as to any other remedies: 10.1. (i) the right upon application to have such provisions specifically enforced by any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable reliefhaving equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT NSI and that money damages will not provide an adequate remedy to AVT; and 10.2. NSI, and (ii) the right to apply to any court of proper jurisdiction, to require the Consultant Rutenberg to account for and pay over to NSI all compensation, profits, monies, accruals, increments and other benefits (collectively collectively, the “"Benefits”") derived or received by the Consultant Rutenberg as a result of any transaction constituting a breach of any of the provisions of Sections 68, 7, 9 or 9, and, if a court so orders, the Consultant 10 and Rutenberg hereby agrees to account for and pay over such Benefits to AVT. Each of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equityNSI.

Specific Remedies. For purposes of Sections 7, 8 and 9 of this Agreement, references to NSI shall include all current and future majority-owned subsidiaries of NSI and all current and future joint ventures in which NSI may from time to time be involved. It is understood by the Consultant Employee and AVT NSI that the covenants contained in this Section 10 and in Sections 67, 7 8, and 9 hereof are essential elements of this Agreement and that, but for the agreement of the Consultant Employee to comply with such covenants, AVT NSI would not have agreed to enter into this Agreement. NSI and the Employee have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by NSI and the interests of NSI and its stockholders. The Employee agrees that the covenants of Sections 7, 8, and 9 are reasonable and valid. If the Consultant Employee commits a breach of any of the provisions of Sections 67, 7 8, or 9 hereof9, such breach shall be deemed to be grounds for termination for Cause. In addition, the Consultant Employee acknowledges that AVT NSI may have no adequate remedy at law if he violates any of the terms thereofhereof. The Consultant Employee therefore understands and agrees that AVT NSI shall have without prejudice as to any other remedies: 10.1. (i) the right upon application to have such provisions specifically enforced by any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable reliefhaving equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT NSI and that money damages will not provide an adequate remedy to AVT; and 10.2. NSI, and (ii) the right to apply to any court of proper jurisdiction, to require the Consultant Employee to account for and pay over to NSI all compensation, profits, monies, accruals, increments and other benefits (collectively collectively, the “"Benefits”") derived or received by the Consultant Employee as a result of any transaction constituting a willful breach of any of the provisions of Sections 6, 7, 8, or 9, and, if a court so orders, 9 and the Consultant Employee hereby agrees to account for and pay over such Benefits to AVT. Each of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equityNSI.

Specific Remedies. It is understood by the Consultant and AVT that the covenants contained in this Section 10 and Sections 6, 7 and 9 are essential elements of this Agreement and that, but for the agreement of the Consultant to comply with such covenants, AVT would not have agreed to enter into this Agreement. If the Consultant commits a breach of any of the provisions of Sections 6, 7 or 9 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, the Consultant acknowledges that AVT may have no adequate remedy at law if he violates any of the terms thereof. The Consultant therefore understands and agrees that AVT shall have without prejudice as to any other remedies:. 10.1. the right upon application to any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable relief, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT and that money damages will not provide an adequate remedy to AVT; and 10.2. the right to apply to any court of proper jurisdiction, to require the Consultant to account for and pay over all compensation, profits, monies, accruals, increments and other benefits (collectively the “Benefits”) derived or received by the Consultant as a result of any transaction constituting a breach of any of the provisions of Sections 6, 7, or 9, and, if a court so orders, the Consultant hereby agrees to account for and pay over such Benefits to AVT. Each of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equity.

Specific Remedies. (a) It is understood by Employee and the Consultant and AVT Company that the covenants contained in this Section 10 and in Sections 67, 7 8 and 9 hereof are essential elements of this Agreement and that, but for the agreement of the Consultant Employee to comply with such covenants, AVT the Company would not have agreed to enter into this Agreement. The Company and Employee have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by the Company and all interests of the Company. Employee agrees that the covenants of Sections 7, 8 and 9 are reasonable and valid. If the Consultant Employee commits a breach of any of the provisions of Sections 67, 7 8 or 9 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, notwithstanding the Consultant provisions of Sections 8 and 9, Employee acknowledges that AVT may the Company will have no adequate remedy at law if he violates any of the terms thereofhereof. The Consultant Employee therefore understands and agrees that AVT the Company shall have without prejudice as to any other remedies: 10.1. (i) the right upon application to any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable relief, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT and that money damages will not provide an adequate remedy to AVT; relief and 10.2. (ii) the right to apply to any court of proper jurisdiction, to require the Consultant Employee to account for and pay over all compensation, profits, monies, accruals, increments and other benefits (collectively the “"Benefits”") derived or received by the Consultant Employee as a result of any transaction constituting a breach of any of the provisions of Sections 6, 7, 8 or 9, and, if a court so orders, the Consultant Employee hereby agrees to account for and pay over such Benefits to AVT. Each of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equityCompany.

Specific Remedies. (a) It is understood by Executive and the Consultant and AVT Company that the covenants contained in this Section 10 and in Sections 67, 7 8 and 9 hereof are essential elements of this Agreement and that, but for the agreement of the Consultant Executive to comply with such covenants, AVT the Company would not have agreed to enter into this Agreement. The Company and Executive have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by the Company and all interests of the Company. Executive agrees that the covenants of Sections 7, 8 and 9 are reasonable and valid. If the Consultant Executive commits a breach of any of the provisions of Sections 67, 7 8 or 9 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, notwithstanding the Consultant provisions of Sections 8 and 9, Executive acknowledges that AVT may the Company will have no adequate remedy at law if he violates any of the terms thereofhereof. The Consultant Executive therefore understands and agrees that AVT the Company shall have without prejudice as to any other remedies: 10.1. (i) the right upon application to any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable relief, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT and that money damages will not provide an adequate remedy to AVT; relief and 10.2. (ii) the right to apply to any court of proper jurisdiction, to require the Consultant Executive to account for and pay over all compensation, profits, monies, accruals, increments and other benefits (collectively the “"Benefits”") derived or received by the Consultant Executive as a result of any transaction constituting a breach of any of the provisions of Sections 6, 7, 8 or 9, and, if a court so orders, the Consultant Executive hereby agrees to account for and pay over such Benefits to AVT. Each of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equityCompany.

Specific Remedies. For the purposes of Sections 7, 8 and 9 of this Agreement, references to NCI shall include all current and future majority-owned subsidiaries of NCI and all current and future joint ventures in which NCI may from time to time be involved. It is understood by the Consultant ▇▇▇▇▇▇▇ and AVT NCI that the covenants contained in this Section 10 and Sections 67, 7 8 and 9 are essential elements of this Agreement and that, but for the agreement of the Consultant ▇▇▇▇▇▇▇ to comply with such covenants, AVT NCI would not have agreed to enter into this Agreement. NCI and ▇▇▇▇▇▇▇ have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by NCI and all interests of NCI and its stockholders. ▇▇▇▇▇▇▇ agrees that the covenants of Sections 7, 8 and 9 are reasonable and valid. If the Consultant ▇▇▇▇▇▇▇ commits a breach of any of the provisions of Sections 67, 7 8 or 9 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, the Consultant ▇▇▇▇▇▇▇ acknowledges that AVT NCI may have no adequate remedy at law if he violates any of the terms thereofhereof. The Consultant ▇▇▇▇▇▇▇ therefore understands and agrees that AVT NCI shall have without prejudice as to any other remedies: 10.1. (a) the right upon application to any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable relief, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT NCI and that money damages will not provide an adequate remedy to AVTNCI; and 10.2. (b) the right to apply to any court of proper jurisdiction, to require the Consultant ▇▇▇▇▇▇▇ to account for and pay over all compensation, profits, monies, accruals, increments and other benefits (collectively the “"Benefits”") derived or received -------- by the Consultant ▇▇▇▇▇▇▇ as a result of any transaction constituting a breach of any of the provisions of Sections 6, 7, 8 or 9, and, if a court so orders, the Consultant ▇▇▇▇▇▇▇ hereby agrees to account for and pay over such Benefits to AVT. Each of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equityNCI.

Specific Remedies. For purposes of Sections 7, 8 and 9 of this Agreement, references to NSI shall include all current and future majority-owned subsidiaries of NSI and all current and future joint ventures in which NSI may from time to time be involved. It is understood by the Consultant Employee and AVT NSI that the covenants contained in this Section 10 and in Sections 67, 7 8, and 9 hereof are essential elements of this Agreement and that, but for the agreement of the Consultant Employee to comply with such covenants, AVT NSI would not have agreed to enter into this Agreement. NSI and the Employee have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by NSI and the interests of NSI and its stockholders. The Employee agrees that the covenants of Sections 7, 8, and 9 are reasonable and valid. If the Consultant Employee commits a breach of any of the provisions of Sections 67, 7 8, or 9 hereof9, such breach shall be deemed to be grounds for termination for Cause. In addition, the Consultant Employee acknowledges that AVT NSI may have no adequate remedy at law if he violates any of the terms thereofhereof. The Consultant Employee therefore understands and agrees that AVT NSI shall have without prejudice as to any other remedies: 10.1. have: (i) the right upon application to have such provisions specifically enforced by any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable reliefhaving equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT NSI and that money damages will not provide an adequate remedy to AVT; and 10.2. NSI, and (ii) the right to apply to any court of proper jurisdiction, to require the Consultant Employee to account for and pay over to NSI all compensation, profits, monies, accruals, increments and other benefits (collectively collectively, the “"Benefits”") derived or received by the Consultant Employee as a result of any transaction constituting a willful breach of any of the provisions of Sections 6, 7, 8, or 9, and, if a court so orders, 9 and the Consultant Employee hereby agrees to account for and pay over such Benefits to AVT. Each of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equityNSI.

Specific Remedies. For purposes of Sections 8, 9 and 10 of this Agreement, references to III shall include all current and future majority-owned subsidiaries of III and all current and future joint ventures in which III may from time to time be involved. It is understood by the Consultant Unnold and AVT III that the covenants contained in this Section 11 and in Sections 8, 9 and 10 and Sections 6, 7 and 9 hereof are essential elements of this Agreement and that, but for the agreement of the Consultant Unnold to comply with such covenants, AVT III would not have agreed to enter into this Agreement. III and Unnold have independently consulted with their respective counsel and have been advised concerning the reasonableness and propriety of such covenants with specific regard to the nature of the business conducted by III and all interests of III. Unnold agrees that the covenants of Sections 8, 9 or 10 hereof are reasonable and valid. If the Consultant Unnold commits a breach of any of the provisions of Sections 68, 7 9 or 9 10 hereof, such breach shall be deemed to be grounds for termination for Cause. In addition, the Consultant Unnold acknowledges that AVT III may have no adequate remedy at law if he violates any of the terms thereofhereof. The Consultant Unnold therefore understands and agrees that AVT III shall have without prejudice as to any other remedies: 10.1. (i) the right upon application to have such provisions specifically enforced by any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable reliefhaving equity jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT III and that money damages will not provide an adequate remedy to AVT; and 10.2. III, and (ii) the right to apply to any court of proper jurisdiction, to require the Consultant Unnold to account for and pay over to III all compensation, profits, monies, accruals, increments and other benefits (collectively the “"Benefits”") derived or received by the Consultant Unnold as a result of any transaction constituting a breach of any of the provisions of Sections 68, 7, 9 or 9, and, if a court so orders, the Consultant 10 and Unnold hereby agrees to account for and pay over such Benefits to AVT. Each of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equityIII.

Specific Remedies. It is understood by the Consultant Executive and AVT ▇▇▇▇▇▇ that the covenants contained in this Section 10 and Sections 67, 7 8 and 9 are essential elements of this Agreement and that, but for the agreement of the Consultant Executive to comply with such covenants, AVT ▇▇▇▇▇▇ would not have agreed to enter into this Agreement. If the Consultant Executive commits a material breach of any of the provisions of Sections 67, 7 8 or 9 hereof, which is not cured or rectified within the time periods set forth in Section 5(a) above, such breach shall be deemed to be grounds for termination for Cause. In addition, the Consultant Executive acknowledges that AVT ▇▇▇▇▇▇ may have no adequate remedy at law if he violates any of the terms thereof. The Consultant Executive therefore understands and agrees that AVT ▇▇▇▇▇▇ shall have have, without prejudice as to any other remedies: 10.1. , the right upon application to any court of proper jurisdiction and without posting of any bond or other security whatsoever, to a temporary restraining order, preliminary injunction, injunction, specific performance or other equitable relief, it being acknowledged and agreed that any such breach will cause irreparable injury to AVT ▇▇▇▇▇▇ and that money damages will not provide an adequate remedy to AVT; and 10.2▇▇▇▇▇▇. the right to apply to If any court of proper jurisdiction, to require the Consultant to account for and pay over all compensation, profits, monies, accruals, increments and other benefits (collectively the “Benefits”) derived or received by the Consultant as a result of any transaction constituting a breach of any of the provisions of Sections 6, 7, 8 or 99 relating to the time period, and, if scope of activities or geographic area of restrictions is declared by a court so ordersof competent jurisdiction to exceed the maximum permissible time period, scope of activities or geographic area, the Consultant hereby agrees maximum time period, scope of activities or geographic area, as the case may be, shall be reduced to account for the maximum which such court deems enforceable. If any provisions of Sections 7, 8 or 9 other than those described in the preceding sentence are adjudicated to be invalid or unenforceable, the invalid or unenforceable provisions shall be deemed amended (with respect only to the jurisdiction in which such adjudication is made) in such manner as to render them enforceable and pay over such Benefits to AVT. Each effectuate as nearly as possible the original intentions and agreement of the rights enumerated in Sections 6, 7, or 9 hereof and the remedies enumerated in Section 10 hereof shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to AVT at law or in equityparties.