Action for Breach. Violation of any provision of this Agreement by Individual will subject Individual to an action for breach of this Agreement, and an action to obtain reimbursement of all monies paid pursuant to Paragraph 2 of this Agreement.
Action for Breach. The time within which Manufacturer or Distributor may bring an action for breach of this Agreement shall be one year from the date of knowledge of such breach. No action may be commenced after that one-year period.
Action for Breach. We may take any action that We deem appropriate in Our sole discretion including without limitation, imposing any of those sanctions detailed in paragraph 11 of the Conditions of Issue and issuing a warning, suspending or terminating service, denying access, removing a listing or recommending You edit a listing. You agree that payments owing to You for sales made through this Site may be suspended or delayed and that CFC is not obligated to pay You for any sales if We reasonably believe in good faith basis that such sales were unlawful or otherwise made in material violation of this Agreement. On termination, Your items may be de-listed if You are a Seller and Your purchases may be cancelled if You are a Buyer.
Action for Breach. We may take any action that We deem appropriate in our sole discretion including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending You edit a listing. You agree that payments owing to You for sales made through this Site may be suspended or delayed and that CFC is not obligated to pay You for any sales if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. On termination, Your items may be de-listed if You are a Seller and Your purchases may be cancelled if you are a Buyer.
Action for Breach. 14 Section 9.4. Brokerage . . . . . . . . . . . . . . . . . . 14 Section 9.5. Severability. . . . . . . . . . . . . . . . . 15 Section 9.6. Parties In Interest . . . . . . . . . . . . . 15 Section 9.7. Notices . . . . . . . . . . . . . . . . . . . 15 Section 9.8. No Waiver . . . . . . . . . . . . . . . . . . 16 Section 9.9. Integration . . . . . . . . . . . . . . . . . 16 Section 9.10. Survival of Agreements etc. . . . . . . . . . 16 Section 9.11. Construction. . . . . . . . . . . . . . . . . 16 Section 9.12. Counterparts. . . . . . . . . . . . . . . . . 16 Section 9.13. Assignment; No Third-Party Beneficiaries. . . 16 SIGNATURES. . . . . . . . . . . . . . . . . . . . . . . . . 17 INVESTMENT AGREEMENT This Agreement is made as of February 28, 1997, among CeramPhysics, Inc., an Ohio corporation ("CPI"), Ceram Oxygen Technologies, Inc., an Ohio corporation ("Company"), and NetMed, Inc., an Ohio corporation ("Investor").
Action for Breach. In the event of any action by either party alleging a breach of this Agreement or of any of the other agereements referenced herein, the prevailing party shall be entitled to recover its costs of litigation, including reasonable attorneys's fees.
Action for Breach. The representations, warranties and covenants in Sections 5.10 and 5.11 are being made by the Administrative General Partner and, to the extent specifically identified as those of the Managing General Partner, the Managing General Partner, to the Limited Partner in consideration for the investment in the Partnership by the Limited Partner. Upon the occurrence of any breach of any representation, warranty, covenant or agreement contained herein, the applicable General Partner shall diligently attempt to cure such breach. If such breach is not susceptible to cure, or if the applicable General Partner fails to pursue a cure diligently, or if within thirty (30) days no cure has been achieved, then the Limited Partner may pursue any available legal or equitable remedy against the applicable General Partner, without being required to dissolve the Partnership and notwithstanding the availability of any other remedy; provided, however, that with respect to any breach that results solely in a loss or reduction of the Credit, if such breach occurred despite the applicable General Partner's good faith, diligent efforts to prevent such breach, the Limited Partner shall be limited to its remedies under Sections 3.03, 5.17, and 9.02. Notwithstanding any other provisions herein, a breach by one of the General Partners shall not constitute a breach by the other General Partner and the Limited Partner's remedies shall be applicable only to the breaching General Partner.
Action for Breach. At the sole option of the LESSOR, any violation, failure to perform, or breach of any of the ARTICLES or Sections of this LEASE by the LESSEE, or by any assignee, sub-tenant or other occupant, may be treated by the LESSOR as giving rise to a cause of action for damages, or as a forfeiture, or both.
Action for Breach. The representations, warranties and covenants in Section 4.01 are being made by each Member in consideration for its undertakings and rights under this Agreement. Upon the breach of any such representation, warranty or covenant contained in Section 4.01, any other Member or the Company may pursue any available legal or equitable remedy against such Member without being required to dissolve the Company and notwithstanding the availability of any other remedy.
Action for Breach. (a) The representations, warranties and covenants in this Agreement are being made by the General Partner to the Limited Partner in consideration for the investment in the Partnership by the Limited Partner. Upon the occurrence of any breach of any representation, warranty, covenant or agreement contained herein, the General Partner shall diligently attempt to cure such breach. If such breach is not susceptible to cure, or if the General Partner fails to pursue a cure diligently and within the cure period therefor, if any, set forth in Section 9.2 hereof, then the Limited Partner may pursue any remedy available hereunder or other legal or equitable remedy against the General Partner, without being required to dissolve the Partnership and notwithstanding the availability of any other remedy and shall be entitled to payment of its reasonable attorneys’ fees, expenses and other costs, regardless of whether litigation is commenced.
