Breach or Threatened Breach. The parties acknowledge and agree that the performance of the obligations under Section 5 by the Recipient are special, unique and extraordinary in character, and that in the event of the breach or threatened breach by the Recipient of the terms and conditions of Section 5, the Company and its Subsidiaries will suffer irreparable injury and that monetary damages would not provide an adequate remedy at law and that no remedy at law may exist Accordingly, in the event of such breach or threatened breach, the Company will be entitled, if it so elects and without the posting of any bond or security, to institute and prosecute proceedings in any court of competent jurisdiction, in law and in equity, to obtain damages for any breach of Section 5 and/or to enforce the specific performance of this Agreement by the Recipient and/or to enjoin the Recipient from breaching or attempting to breach Section 5. In the event the Company believes that the Recipient has breached the Recipient’s obligations under Section 5, or threatens to do so, it shall promptly provide the Recipient written notice of such belief setting forth the basis for its belief and, (unless under exigent circumstances, as determined by the Company at its sole discretion, it would harm the Company and its Subsidiaries to delay the institution of legal proceedings) five (5) business days to respond to the notice, prior to the initiation of legal proceedings. In addition to any other rights or remedies the Company may have under this Agreement or applicable law, the Company will be entitled to receive from the Recipient reimbursement for all attorneys’ and paralegal fees and expenses and court costs incurred by the Company in enforcing this Agreement and will have the right and remedy to require the Recipient to account for and pay over to the Company all compensation, profit, monies, accruals or other benefits derived or received, directly or indirectly, by the Recipient from the action constituting a breach or violation of this Section 5.
Breach or Threatened Breach. In the event of a breach or threatened breach of any of Licensee’s duties and obligations under the terms and provisions of this Section 6, Licensor shall be entitled, in addition to any other legal or equitable remedies that it may be entitled to (including any rights to damages that such party may suffer), temporary, preliminary and permanent injunctive relief restraining such breach or threatened breach.
Breach or Threatened Breach. In the event of a breach or threatened breach of any of the provisions of this Agreement by the licensee or any employee, representative, or agent of the Licensee, Licensor shall be entitled to preliminary and permanent injunctive relief to enforce the provisions hereof, but nothing shall preclude Licensor from pursuing any action or other remedy, including damages for any breach or threatened breach of this Agreement, all of which shall be cumulative.
Breach or Threatened Breach. Company agrees that any breach, or threatened breach, of this Agreement by Company could cause irreparable damage and that in the event of such breach, or threatened breach, NBMG shall have, in addition to any and all remedies of law, the right to seek financial relief from any outstanding obligation owed without the necessity of any proof of actual damages. NBMG is not responsible for any delays in performance as a result of a breach or threatened breach.
Breach or Threatened Breach. In the event of a breach or threatened breach by Toomy of the provisions of this Agreement, Hops shall be entitled to an injunction (without the posting of bond), restraining Toomy from using any of the Confidential Information or from rendering any services to any person, firm, corporation, association, or other entity to whom any of the Confidential Information has been disclosed. Nothing herein shall be construed as prohibiting Hops from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of damages from Xxxxx, XX and/or any party or parties to whom such disclosure has been made or who has (have) been in any way involved in such breach or threatened breach or who has (have) encouraged or solicited such breach or threatened breach or who has (have) benefitted from such breach or threatened breach. This agreement by Toomy and TC shall be construed as an agreement independent of any other provision of any agreement, and the existence of any claim or cause of action of Xxxxx, XX or any other person or entity, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement of this Agreement by Hops or any other person, firm, corporation or entity.
Breach or Threatened Breach. If Xxxx commits a breach, or threatens to commit a breach, of any of the provisions of Sections 13 or 15 above, Xxxxxx Xxxxxx shall have the right and remedy to seek to have the provisions of this Agreement specifically enforced by any court having equity jurisdiction without posting bond or other security, it being acknowledged and agreed by Xxxx that the services being rendered hereunder to Xxxxxx Xxxxxx are of a special, unique and extraordinary character and that any such breach or threatened breach will cause irreparable injury to Xxxxxx Xxxxxx and that monetary damages will not provide an adequate remedy to Xxxxxx Xxxxxx. The rights and remedies enumerated in this Section 16(a) shall each be independent of the other and shall be severally enforceable, and such rights and remedies shall be in addition to, and not in lieu of, any other damages, rights and remedies available to Xxxxxx Xxxxxx under law or equity.
Breach or Threatened Breach. The covenants and undertakings of Executive in Sections 5 and 8 are essential elements of this Agreement, and without Executive's agreement to comply with such covenants, ROI would not have employed him and entered into this Agreement. ROI and Executive have independently consulted their respective counsel and have been advised in all respects concerning the reasonableness and propriety of such covenants, with specific regard to the nature of the business conducted by ROI. Executive's covenants and agreements in Sections 5 and 8 are independent covenants and the existence of any claim against ROI by Executive under this Agreement or otherwise will not excuse Executive's breach of any covenant or agreement in Section 5 or 8. The parties agree that in the event of any breach or threatened breach of any of the covenants or undertakings of Sections 5 or 8, the damage or imminent damage to the value and goodwill of ROI's business will be irreparable and extremely difficult to estimate, making any remedy at law or in monetary damages inadequate. Accordingly, the parties agree that ROI shall be entitled to injunctive relief against Executive in the event of any breach or threatened breach of any such provisions by Executive, in addition to any other relief (including damages) available to ROI under this Agreement or under applicable law.
Breach or Threatened Breach. 4.1The Recipient acknowledges that a breach of this Agreement may cause the Disclosing Party to suffer loss, damage and expense for which damages may not be adequate compensation and difficult to ascertain. Accordingly, the Recipient agrees that the Disclosing Party may immediately seek to restrain any actual or threatened breach of this Agreement by injunction or any similar remedy without showing or proving actual damage has been sustained by the Disclosing Party.
Breach or Threatened Breach. Each Party acknowledges that its breach of this Agreement may result in immediate and irreparable harm to the Disclosing Party, for which there will be no adequate remedy at law. In the event of a breach, or threatened breach, of this Agreement the Disclosing Party is therefore entitled to seek, in addition to any other remedies available to the Disclosing Party, equitable relief (including a temporary restraining order and injunctive relief) against the Receiving Party from any court of competent jurisdiction to compel the Receiving Party to cease and desist all unauthorized use and disclosure of Confidential Information, in accordance with the requirements imposed therefor by applicable laws in the relevant jurisdiction.
Breach or Threatened Breach. In the event of a breach or threatened or attempted breach of the Receiving Party's obligations with respect to the Confidential Information, the Disclosing Party may have no adequate remedy in damages and, accordingly, may immediately seek injunctive relief against such breach or threatened or attempted breach. The Parties agree that no bond need be first obtained or, in the event that the requirement of a bond cannot be waived, then that a nominal bond shall suffice.