Breach of Agreement Remedies. If either party believes that the other has materially breached any provision of this Agreement, the party alleging the breach shall deliver notice to the other party, specifying the nature of the alleged breach. The party alleged to be in breach shall have sixty (60) days from the date of mailing of such notice in which to attempt to cure the alleged breach. During such sixty (60) day period, either party may request a personal meeting between the parties in which to negotiate in good faith to attempt to resolve the dispute. If such negotiations are unsuccessful and the alleged breach has not been cured by the end of such sixty (60) day period, the party alleging the breach may pursue any and all rights and remedies that it has under this Agreement, at law or in equity. The parties agree that the remedy at law for any breach of its covenant not to compete and its covenant of confidentiality shall be inadequate and that irreparable harm shall be presumed, and the other party shall be entitled to injunctive relief, in addition to any other remedy it might have, including damages and the right to recover reasonable attorneys' fees, if it becomes necessary for the injured party.
Breach of Agreement Remedies. If either party believes that the other has ----------------------------- materially breached any provision of this Agreement, the party alleging the breach shall deliver notice to the other party, specifying the nature of the alleged breach. The party alleged to be in breach shall have sixty (60) days from the date of mailing of such notice in which to attempt to cure the alleged breach. During such sixty (60) day period, either party may request a personal meeting between the parties in which to negotiate in good faith to attempt to resolve the dispute. If such negotiations are unsuccessful and the alleged breach has not been cured by the end of such sixty (60) day period, the party alleging the breach may pursue any and all rights and remedies that it has under this Agreement, at law or in equity.
Breach of Agreement Remedies. The Owner, in its sole discretion, may seek remedies under this agreement and as allowed by law, in the event the Contractor commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the Services under this Agreement within the time specified herein or any extension thereof, or so fails to perform the Services as to endanger Contractor’s performance under this Agreement in accordance with its terms, and such breach, default or failure. Should the Owner seek remedy, a notice to cure (“Notice”) will be issued to the Contractor. Contractor shall cure such breach, default or failure as described in the notice and within the time period granted in the notice. If Contractor objects to any conditions contained in the Notice, Contractor shall provide a response to the Owner in writing within 3 business days of the delivery of the Notice. Failure to adhere to the remedy in the notice and cure any conditions as described in the Notice may result in the following, in the Owner’s sole discretion: additional Notice to Cure period(s): remedies pursuant to section XV ‘Breach of Agreement; Remedies;’ termination pursuant to Section XVI. ‘Termination of Agreement’ or other remedies as described in this Agreement. .
Breach of Agreement Remedies. If any party violates a provision of this Agreement, the other party shall have the right to (a) injunctive or other equitable relief prohibiting further violations of this Agreement, and (b) all other legal and equitable relief available under the law.
Breach of Agreement Remedies. Employee acknowledges that Employee's failure to abide by the terms hereof may, at the Company's sole discretion, subject the Employee to sanctions, including but not limited to, termination without prior notice, suspension without pay or benefits, demotion, reduction in grade or pay, or reassignment. Employee acknowledges that any breach or evasion of the terms of this Agreement will result in irreparable and continuing damages to the Company and will entitle the Company to injunctive relief and money damages as well as to all other legal or equitable remedies. Employee agrees to pay any and all reasonable attorney's fees incurred by the Company in successfully enforcing this Agreement in a court of law and in securing damages or injunctive relief based on a violation of this Agreement by the Employee. Employer agrees to pay any and all reasonable attorney's fees incurred by the Employee if the Employee prevails in his/her interpretation of the scope of this Agreement in a court of law. In the event that any legal action is settled or a judgement results in which neither Party receives all relief requested, then both Parties shall bear their own legal costs.
Breach of Agreement Remedies. If either party believes that the other has materially breached any provision of this Agreement, the party alleging the breach shall deliver notice to the other party, specifying the nature of the alleged breach. The party alleged to be in breach shall have sixty (60) days from the date of mailing of such notice in which to attempt to cure the alleged breach. During such sixty (60) day period, either party may request a personal meeting between the parties in which to negotiate in good faith to attempt to resolve the dispute. If such negotiations are unsuccessful and the alleged breach has not been cured by the end of such sixty (60) day period, the party alleging the breach may pursue any and all rights and remedies that it has under this Agreement, at law or in equity, in any judicial or arbitration proceedings; provided, however, that Seller agrees that, except in the event of Buyer's failure to deliver the Purchase Price set forth in Section 3, rescission shall not be a remedy that is available to Seller.
Breach of Agreement Remedies. IWO #20-208 (JLW) DocuSign Envelope ID: 96FE873B-A69D-48EC-85DF-8EE7C895CF7B
Breach of Agreement Remedies a. This Agreement will be governed by Missouri law, without regard to conflict of law principles. In the event of a breach or threatened breach of this Agreement, University shall have all rights and remedies available to it at law or in equity, including the right to injunctive relief to prevent or stop threatened or actual breach of this Agreement (without the necessity of posting a bond or other security) and/or to recover damages for violation of this Agreement. All actions or proceedings arising out of or relating to this Agreement shall be litigated in the Circuit Court of Xxxxxx County, Missouri or the United States District Court for the Western District of Missouri, and Renter hereby consents and submits to the exclusive jurisdiction of such courts and agrees to waive any defense of inconvenient venue related to such courts and agrees not to seek a change of venue from such courts. The prevailing party in any action arising out of or related to this Agreement shall be entitled to recover its reasonable attorney’s fees, costs, and expenses, including any costs of collection or any fees, expenses, or costs on appeal. This Agreement may be signed only by the Authorized Event Contact Person (see Reservation Form).
Breach of Agreement Remedies. In the event of a breach of or default under this Agreement, the non-breaching party shall be entitled to all remedies available pursuant to the terms of this Agreement, whether at law and in equity, including, but not limited to, specific performance of this Agreement, and all such remedies are cumulative in nature and may be asserted by such party in the alternative and the assertion of a remedy by a party shall not be deemed an exclusive election of remedies or waiver of any other rights conferred on that party by the terms of this Agreement
Breach of Agreement Remedies and Mediation
