Breach or Violation. Executive acknowledges that any breach of Sections 3(d) and 4 of this Agreement would cause Employer substantial irreparable injury. Executive agrees that in the event of any violation of Sections 3(d) and 4 of this Agreement, in addition to any damages allowed by law, Employer shall be entitled to injunctive and/or other equitable relief.
Breach or Violation. Seller shall have obtained, or caused to be obtained, each consent and approval necessary in order that the transactions contemplated herein not constitute a breach or violation of, or result in a right of termination or acceleration of, or creation of any encumbrance on any of the Assets, pursuant to the provisions of any agreement, arrangement or undertaking of or affecting Seller or any license, franchise or permit of or affecting Seller.
Breach or Violation. Neither Party is responsible for the other’s violations of the Privacy Rule unless a pattern of activity or practice that constitutes a material breach or violation of the Privacy Rule is known, in which case the further delivery of Participant Data or MPOG Data will be withheld. If this is not possible, the breach will be reported to the Secretary.
Breach or Violation. The Borrower shall not, and shall not cause, permit or suffer any other Group Member to, enter into any agreement containing any provision that would be violated or breached by the performance of the Borrower's or any other Group Member's obligations under this Agreement, the Notes or any of the other Loan Documents.
Breach or Violation. Without limiting or waiving in any respect any rights or remedies of any party hereto under this Agreement or hereinafter existing at law or in equity or by statute, each of the Parties hereto shall be entitled to seek injunctive relief or specific performance of the obligations to be performed by the other Parties in accordance with the provisions of this Agreement.
Breach or Violation. Employee and Trex agree that, in the event of violation of the provisions of this Agreement, in addition to any damages allowed by law or as otherwise provided for in this Agreement, Employee and Trex shall be entitled to injunctive relief. In addition and without limiting the generality of the preceding sentence, if Employee fails to comply with Employee’s obligations or the conditions set forth in Section 14, 15, 16 or 17 of this Agreement or Section 2, 3, 4 or 5 of the 2004 Agreement on one or more occasions, Employee shall be required to and shall, within fifteen (15) days after Employee’s receipt of written notice to Employee from Trex, repay to Trex the full amount of the Severance Payments previously paid by Trex and shall not be entitled to any additional Severance Payments. The provision of notice by Trex and the payment by Employee in accordance with the preceding sentence shall not constitute an election of remedies by Trex, which, consistent with the first sentence of this Section 25, shall continue to be entitled to any and all remedies provided at law or equity for Employee’s failure to comply as set forth in the preceding sentence. In the event of a judicial determination that any restriction contained in this Agreement is unreasonable, Employee and Trex agree that the court may modify such restriction to make it reasonable prior to granting any injunctive relief.
Breach or Violation. The Parties hereto acknowledge that any breach of Section 7 would cause the non-breaching Party substantial irreparable injury. The Parties agree that in the event of any such breach, in addition to any damages allowed by law, the non-breaching Party shall be entitled to injunctive and/or other equitable relief.
Breach or Violation. The Parties hereto acknowledge that any breach of Article V may cause the non-breaching Party substantial irreparable injury. The Parties agree that in the event of any such breach, in addition to any damages allowed by law, the non-breaching Party shall be entitled to injunctive and/or other equitable relief.
Breach or Violation. Purchaser shall have obtained, or caused to be obtained, each consent and approval necessary in order that the transactions contemplated herein not constitute a breach or violation of, or result in a right of termination or acceleration of, or creation of any encumbrance on any of the Assets, pursuant to the provisions of any agreement, arrangement or undertaking of or affecting Purchaser or any license, franchise or permit of or affecting Purchaser.
Breach or Violation. Provider is not responsible for Recipient’s violations of the HIPAA Privacy Rule unless Provider knows of a pattern of activity or practice that constitutes a material breach or violation of the HIPAA Privacy Rule. HIPAA defined violations, including those rising to the level of a breach, will be reported to the Secretary of the Department of Health and Human Services (“DHHS”).
