Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises or the Mortgaged Premises shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any period given Tenant to cure such default) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser shall not be liable or bound to Tenant:
Obligations and Remedies. A. Employee agrees that an impending or existing violation of the non-competition covenant contained in this Agreement would cause the Group irreparable injury for which the Group would have no adequate remedy at law and agrees that Employer shall be entitled to obtain injunctive relief prohibiting such violation, in addition to any other rights and remedies available to Employer in contract, at law, in equity, by statute or otherwise. Employee agrees and consents that Employer shall be entitled to a temporary or permanent injunction or other equitable relief against any such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The parties agree that even if Employee resides in a county other than Suffolk County, Massachusetts, the Group may seek such equitable relief in superior court in Suffolk County.
Obligations and Remedies. If Lender shall become the owner of the Mortgaged Premises, or the Mortgaged Premises shall be sold by reason of non-judicial or judicial foreclosure or other proceedings brought to enforce the Security Instrument, or the Mortgaged Premises shall be conveyed by deed in lieu of foreclosure, then, in either such event, Lender or other purchaser of the Mortgaged Premises, as the case may be, shall have the same remedies by entry, action or otherwise in the event of any default by Tenant (beyond any applicable cure period that may be expressly set forth in the Lease) in the payment of rent or additional rent or in the performance of any of the other terms, covenants and conditions of the Lease on Tenant's part to be performed that Landlord had or would have had if Lender or such purchaser had not succeeded to the interest of Landlord. Upon attornment by Tenant as provided herein, Lender or such purchaser shall be bound to Tenant under all the terms, covenants and conditions of the Lease and Tenant shall have the same remedies against Lender or such purchaser for the breach of an agreement contained in the Lease that Tenant might have had under the Lease against Landlord if Lender or such purchaser had not succeeded to the interest of Landlord; provided, however, that Lender or such purchaser shall not be liable or bound to Tenant: (a) for any act or omission of any prior Landlord (including Landlord); or (b) for any offsets or defenses which Tenant might have against any prior landlord (including Landlord); or (c) for or by any rent or additional rent which Tenant might have paid for more than the current month to any prior landlord (including Landlord); or (d) by any amendment or modification of the Lease made without Lender's consent; or (e) for any security deposit, rental deposit or similar deposit given by Tenant to a prior landlord (including Landlord) unless such deposit is actually paid over to Lender or such purchaser by the prior landlord; or (f) for any repairs or replacements to or required by the Demised Premises or the Mortgaged Premises arising prior to the date Lender or such purchaser takes possession of the Mortgaged Premises; or (g) for any moving, relocation or refurbishment allowance or any construction of or payment or allowance for tenant improvements to the Demised Premises or any part thereof or to the Mortgaged Premises or any part thereof for the benefit or Tenant; or (h) for the payment of any leasing commissions or other expenses f...
Obligations and Remedies. If Customer breaches or terminates this Agreement before the expiration date for any reason (other than for UniFirst’s failure under the performance guarantee described above), Customer will pay UniFirst, as liquidated damages and not as a penalty (the parties acknowledging that actual damages would be difficult to calculate with reasonable certainty) an amount equal to 50 percent of the average weekly amounts invoiced in the preceding 26 weeks, multiplied by the number of weeks remaining in the current term. These damages will be in addition to all other obligations or amounts owed by Customer to UniFirst, including the return of Standard Merchandise or payment of replacement charges, and the purchase of any Non-Standard Merchandise items as set forth herein. All disputes of whatever kind between Customer and UniFirst based upon past, present or future acts, whether known or unknown, and arising out of or relating to the negotiation, formation or performance of this Agreement shall be resolved exclusively by final and binding arbitration. The arbitration shall be conducted in the capital city of the state where Customer has its principal place of business (or some other location mutually agreed to by Customer and UniFirst) pursuant to the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the Federal Arbitration Act. Customer acknowledges that, with respect to all such disputes, it has voluntarily and knowingly waived any right it may have to a jury trial or to participate in a class action or class litigation as a representative of any other persons or as a member of any class of persons, or to consolidate its claims with those of any other persons or class of persons. If this prohibition against class litigation is ruled to be unenforceable for any reason in any proceeding, then the prohibition against class litigation shall be void and of no force and effect in that proceeding. This paragraph is governed by New York law (exclusive of choice of law). The arbitrators shall award to the substantially prevailing party, if any, as determined by the arbitrators, all of its costs and fees. “Costs and fees” are defined as all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative costs, travel expenses, out-of-pocket expenses, such as copying and telephone expenses, court costs, witness fees, and attorneys’ fees.
Obligations and Remedies. The Company’s obligations to issue and deliver Warrant Shares in accordance with the terms of this Warrant are absolute and unconditional, irrespective of any action or inaction by the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder or any other Person of any obligation to the Company (other than the obligation under Section 2.2 to pay or otherwise satisfy the total Exercise Price) or any violation or alleged violation of law by the Holder or any other Person, and irrespective of any other circumstance which might otherwise limit such obligation of the Company to the Holder in connection with the issuance of Warrant Shares. Nothing herein shall limit a Holder’s right to pursue any other remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s failure to timely deliver shares of Common Stock (whether via physical certificates or electronically, as appropriate) upon exercise of the Warrant.
Obligations and Remedies. In addition to the terms above, and except as otherwise provided herein, if the Customer breaches or terminates this agreement before the expiration date for any reason of convenience, the Customer shall pay Sissine’s all accrued and unpaid amounts plus liquidated damages as follows. Liquidated damages is an amount equal to seventy-five percent (75%) of the average monthly copy usage billing based on the copy average usage invoiced for the three (3) months prior to the breach of agreement by the Customer, multiplied by the number of months remaining in the current term. If there are fewer than three (3) months prior to any such breach, the amount will be determined from the average per month based on the month(s) preceding the breach. Customer waives the right to recover any consequential damages against Sissine’s. Florida law is applicable to the resolution of any dispute under this agreement and venue for any dispute shall be in Seminole County, Florida. Should Sissine’s fail to comply with a material requirement of this Agreement, Customer shall provide a thirty (30) day notice to cure in writing. If within forty- five (45) days after receipt of the notice, Sissine’s does not cure or provide a reasonable plan to cure, the Customer shall send a notice of intent to cancel Agreement, wherein the maintenance shall be canceled in seven (7) days if the breach by Sissine’s has not been cured. Customer shall be relieved of any further payments to Sissine’s for services hereunder. Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney’s fees, whether at settlement, trial or on appeal. BOTH SISSINE’S AND THE CUSTOMER AGREE TO WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. E-VERIFY
Obligations and Remedies. If Customer breeches or terminates this Agreement before the expiration date for any reason (other than for UniFirst’s failure under the performance guarantee described above), Customer will return of Merchandise or the payment of replacement charges and the purchase of any non-standard merchandise items as set forth herein.
Obligations and Remedies. If Customer breaches or terminates this Agreement before the expiration date for any reason (other than for UniFirst's failure under the performance guarantee described above), Customer will pay UniFirst, as liquidated damages and not as a penalty (the parties acknowledging that actual damages would be difficult to calculate with reasonable certainty) an amount equa! to 50 perce nt of the average weekl y amounts invoiced in the preceding 26 weeks, multiplied by the number of weeks remaining in the current term. These damages wil l be in addition to al! other obligations or amounts owed by Customer to Uni First, including the return of Standard Merchandise or payment of re placement charges, and the purchase of any Non-Standard Merchandise items as set forth herein.
Obligations and Remedies
