Common use of Survival of Undertakings and Injunctive Relief Clause in Contracts

Survival of Undertakings and Injunctive Relief. (a) The provisions of these RESTRICTIVE COVENANTS of this Agreement shall survive both the termination of your employment with the Company and the termination of the Agreement, irrespective of the reasons for such termination. (b) You acknowledge and agree that these RESTRICTIVE COVENANTS imposed upon you by this Agreement and the purpose of such restrictions are reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting your future employment by others. Furthermore, you acknowledge that, in view of the Protected Information which you have or will acquire or have or will have access to and in view of the necessity of these restrictions, any violation of them would cause irreparable injury to the Company and its successors in interest, with respect to the resulting disruption in their operations. By reason of the foregoing you consent and agree that if you violate any of these restrictions, or RESTRICTIVE COVENANTS, the Company and its successors in interest as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining you from committing or continuing any violation of such Sections of this Amendment. In the event of any such violations of these RESTRICTIVE COVENANTS, you further agree that the time periods set forth in such Sections shall be extended by the period of such violation, and you consent to the jurisdiction of the Superior Court for the County of Orange, State of California, as the competent court to hear and to determine any action in equity or law filed by the Company against you with respect to its necessity to protect itself under these RESTRCITIVE COVENANTS.

Appears in 1 contract

Sources: Secondment Agreement (Hardie James Industries Nv)

Survival of Undertakings and Injunctive Relief. (a) The provisions of these RESTRICTIVE COVENANTS Sections 5.01 and 5.02 of this Agreement shall survive both the termination of your the Executive's employment with the Company and the termination of the Agreement, this Agreement irrespective of the reasons for such termination. (b) You acknowledge The Executive acknowledges and agree agrees that these RESTRICTIVE COVENANTS the restrictions imposed upon you the Executive by Sections 5.01 and 5.02 of this Agreement and the purpose of such restrictions are appropriate and reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting your the Executive's future employment by others. Furthermore, you acknowledge the Executive acknowledges that, in view of the Protected Information which you have the Executive has or will acquire or have has or will have access to and in view of the necessity of these restrictionsthe restrictions contained in Sections 5.01 and 5.02, any violation of them any provision of Sections 5.01 and 5.02 hereof would cause irreparable injury to the Company and its successors in interest, interest with respect to the resulting disruption in their operations. By reason of the foregoing you consent the Executive consents and agree agrees that if you violate the Executive violates any of these restrictions, the provisions of Sections 5.01 or RESTRICTIVE COVENANTS5.02 of this Agreement, the Company and its successors in interest as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining you the Executive from committing or continuing any violation of such Sections of this AmendmentAgreement. In the event of any such violations of these RESTRICTIVE COVENANTS, you The Executive further agree acknowledges and agrees that the time periods set forth provisions of this Article V are essential elements of this Agreement, and that, but for the agreement of the Executive to comply with such covenants, the Company would not have entered into this Agreement. The Executive agrees that if any of the covenants contained in such Sections shall this Article V, or any part thereof, is held to be extended by unenforceable because of the period duration of such violationprovisions or the area covered thereby, and you consent is ever deemed to exceed the scope of business of the Company, or otherwise is ever deemed not reasonably necessary to protect the legitimate business interests of the Company, the Executive agrees that the court making such determination shall have the power to reform the provisions of this Agreement to the jurisdiction of the Superior Court for the County of Orangemaximum scope, State of California, as the competent court to hear and to determine any action in equity time or law filed geographic limitations permitted by the Company against you with respect to its necessity to protect itself under these RESTRCITIVE COVENANTSlaw.

Appears in 1 contract

Sources: Employment Agreement (Hardie James Industries Nv)