Additional Remedies for Breach. If you breach this Contract, in addition to the other remedies expressed herein, we may declare all amounts that may become due under this Contract immediately due and payable without notice to you. We may also refer you to collection and credit reporting agencies. You agree to a $25.00 service fee for any dishonored check.
Additional Remedies for Breach. Any termination of this Agreement shall not affect any monies owing or obligations incurred hereunder by any of the Parties prior to the Termination Date.
Additional Remedies for Breach. You acknowledge and understand that if you breach any provision of this Agreement, the Company shall have, in addition to and without limiting any other remedy that it may have under this Agreement, in law or in equity, the right to a temporary and permanent injunction restraining any such breach, without any bond or security being required. In any such proceeding, you waive any defense that the Company has an adequate remedy at law or that the injury suffered as a consequence is not irreparable. In addition to any damages that the Company may be entitled to, you will reimburse to the Company its attorneys’ fees incurred in any action or proceeding in which it is determined that you breached the terms of this Agreement.
Additional Remedies for Breach a. In the event that prior to the expiration of any term hereof, there is (i) a failure to pay royalties on a timely basis, (ii) a termination of this Agreement by Franchisee, (iii) any breach of Section 6.12(c) hereof due to the willful closure or willful deidentification of Offices in excess of those permitted to be closed or deidentified pursuant to Section 6.12(c), (iv) any breach of Section 6.12(c) hereof due to the closure or deidentification of in excess of 20 of the Offices permitted to be closed or deidentified pursuant to Section 6.12(c), (v) termination of this Agreement pursuant to Section 13.2(k), (vi) the affiliation by Franchisee with another real estate brokerage system (other than a system owned by Cendant), or (vii) any breach of this Agreement by Franchisee (other than a breach of Section 5.8 hereof) that has, or is reasonably expected to have, a material adverse effect on the COLDWELL BANKER System, in each case other than clause (v) above after notice to Franchisee and a reasonable opportunity to cure (each, a "Liquidated Damages Event"), ------------------------ Franchisee shall immediately become obligated to pay Franchisor Franchisor's "lost future profits" (as hereinafter defined). For purposes of this Agreement "lost future profits" for an office shall consist of all royalty fees which Franchisee would have paid to Franchisor with respect to such office from the date of the Liquidated Damages Event through the earlier of the end of the then- current term of this Agreement, had there been no Liquidated Damages Event, and 25 years from the date of the Liquidated Damages Event. The parties acknowledge and agree [LOGO] COLDWELL BANKER that it would be impracticable and extremely difficult to calculate the actual amount of lost future profits payable by Franchisee, and that the following method of calculation represents a fair and reasonable estimate of foreseeable lost future profits: Lost future profits shall be calculated on an Office by Office basis by determining the average monthly royalty fee payment payable by the Franchisee to Franchisor for each such Office from the commencement date of this Agreement through the date of the Liquidated Damages Event, and multiplying these average amounts by the lesser of (i) the actual number of months (and any fraction thereof) remaining between the date of the Liquidated Damages Event and the end of the then-current term of this Agreement and (ii) 300. Lost future profits shall be payable w...
Additional Remedies for Breach. In addition to any other remedies or damages allowed under this Agreement, if Franchisee breaches the covenants set forth in Sections 20.1, 20.2, or 20.3, Franchisee shall pay Franchisor a fee equal to Franchisor's then-current Initial Franchise Fee for each Competitive Business or Branded Business opened in violation of the covenants, plus eight percent (8%) of such Business's gross sales until expiration of the noncompetition period set forth in Section 20.3.
Additional Remedies for Breach. Notwithstanding the terms and conditions of Section 15.2, neither Party shall be obligated to terminate this Agreement in the event the other
Additional Remedies for Breach. If you breach this Contract, in addition to the other remedies expressed herein, we may, without notice: (a) declare all amounts that may become due under this Contract immediately due and payable; (b) refer you to collection and credit reporting agencies; and (c) remove your Advertising without liability. You agree to a $25.00 service fee for any dishonored check.
Additional Remedies for Breach. In the event that Publisher materially breaches any provision of this Agreement, in addition to the termination right set forth in Section 10.1 and any other remedies available to Simply Hired, Simply Hired may suspend the ability of the Publisher Site(s) to access the Job Listings, Job Site, Job Widgets, or Jobs API, or any portion or feature of any of the foregoing.
Additional Remedies for Breach. In addition to the other rights granted under this Agreement, whether or not Caterpillar terminates this Agreement pursuant to Section 13, provided Caterpillar has a basis for termination under Section 13, ASV agrees to pay for all ASV and Caterpillar reasonable expenses incurred as a result of such breach, including, but not limited to: material, tooling, labor, downtime and transportation expenses.
Additional Remedies for Breach. If the Reseller defaults in the observance or performance of any of its obligations under this Agreement, Sony may, in its sole discretion, by giving the Reseller notice thereof: (a) suspend doing business with the Reseller under all or any of the Schedules; or, (b) terminate one or more of the Schedules; or, (c) curtail or suspend the Resellers privileges under any promotional incentives, and/or suspend or terminate the Resellers participation in other programs Sony announces in connection herewith.
