If any arbitrator or court of competent jurisdiction determines that Executive or the Company has violated any of Executive ’s or the Company’s respective promises or obligations contained in the Change in Control Agreement   or this Release Agreement , then the injured party shall be entitled to recover, in addition to its damages, all costs and expenses incurred in its enforcement efforts, including actual attorneys’ fees, from the violating party. In addition, the parties acknowledge and agree that a breach by a party of any of its promises or obligations contained in the Change in Control Agreement   or this Release Agreement shall cause the other party irreparable harm and that the other party and its affiliates shall be entitled to seek injunctive relief, in addition to damages, for any such breach.