In the event of actual or threatened breach by Executive of any of his covenants in Articles V , VI , and VII , the Company shall be entitled to equitable relief by temporary restraining order, temporary injunction, or permanent injunction or otherwise, in addition to all other legal and equitable relief to which it may be entitled, including but not limited to any and all monetary damages that the Company may incur as a result of said breach, violation, or threatened breach or violation. For the avoidance of doubt, nothing shall restrict the Company from pursuing any relief otherwise provided for by this Agreement. The Company may pursue any remedy available to it concurrently or consecutively in any order as to any breach, violation, or threatened breach or violation, and the pursuit of one of such remedies at any time will not be deemed an election of remedies or waiver of the right to pursue any other of such remedies as to such breach, violation, or threatened breach or violation, or as to any other breach, violation, or threatened breach or violation. In addition to the above, in the event that a final judicial determination concludes that Executive has materially breached any of his covenants in Articles V , VI or VII , the Company will be entitled to reimbursement by Executive of all cash severance payments paid by the Company under Section 4.3(b)(3) , Section 4.3(b)(4) , Section 4.3(c)(3) or Section 4.3(c)(4) , as applicable, of this Agreement during the period of any such breach. In the event of an alleged actual material breach by Executive of any of his covenants in Articles V , VI or VII , as determined in good faith by the Board, the Company may suspend the payments of cash severance then owing to Executive under Section 4.3(b)(3) , Section 4.3(b)(4) , Section 4.3(c)(3) or Section 4.3(c)(4) , as applicable, of this Agreement without resort to judicial intervention until such breach is cured (if curable); provided, however , that if it is later determined, whether judicially or otherwise by the Board, that Executive was not in material breach of such covenants, the Company shall promptly pay to Executive all such suspended payments and benefits, as well as reimbursement of all reasonable costs and expenses (including but not limited to reasonable attorneys’ fees) incurred by Executive in defending any such claim or action in accordance with Section 10.11 ; and provided further, however , that any cure and payments upon cure and any payments upon a judicial determination that no breach occurred will be made no later than the deadline under Section 409A that is applicable to disputed payments and refusals to pay.