Breach; Remedies. Notwithstanding anything to the contrary in this Agreement, the Participant agrees and acknowledges that the breach of this Section would cause substantial loss to the goodwill of the Company and/or its Affiliates, and cause irreparable harm for which there is no adequate remedy at law. Further, because the Participant’s employment with the Employer is personal and unique, because damages alone would not be an adequate remedy and because of the Participant’s access to the Confidential Information, the Company and/or its Affiliates shall have the right to enforce this Section, including any of its provisions, by injunction, specific performance, or other equitable relief, without having to post bond or prove actual damages, and without prejudice to any other rights and remedies that the Company and/or its Affiliates may have for a breach of this Section, including, without limitation, money damages. The Participant agrees and acknowledges that notwithstanding the arbitration provisions in this Agreement, the Company may elect to file and pursue claims which arise from or relate to the Participant’s actual or threatened breaches of this Section in state or federal court of competent jurisdiction. The Participant shall be liable to pay all costs, including reasonable attorneys’ and experts’ fees and expenses, that the Company and/or its Affiliates may incur in enforcing or defending this Section, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Company and/or its Affiliates where the Company and/or its Affiliates succeed in enforcing any provision of this Section.
Breach; Remedies. Failure of either party to perform any obligation of this Contract shall be deemed a breach. Except as otherwise provided for by law or this Contract, the rights and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including but not limited to actual damages, and to a prevailing party reasonable attorneys' fees and costs. It is specifically agreed that reasonable attorneys' fees shall not exceed $150.00 per hour.
Breach; Remedies. Owner’s selection of one or more remedies for breach of this Agreement shall not limit the Owner’s right to invoke any other remedy available to the Owner under this Agreement or by law.
Breach; Remedies. If you are in breach of this Agreement, upon seven (7) days prior written notice, Tesla may pursue any remedy it has under this Agreement or at law, including termination, suspension of performance, repossession of the Products (if title has not yet transferred) and collection of all amounts due (including those past due, which will be charged 2% interest per annum).
Breach; Remedies. Failure of either Party to perform any obligation of this Agreement shall be deemed a breach. Except as otherwise provided for by law or this Agreement, the rights and remedies of the Parties shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including but not limited to actual damages, and to a prevailing Party, the right to seek reasonable attorneys’ fees and costs.
Breach; Remedies. If either party alleges that the other party has breached any term of this Agreement, that party shall deliver written notice of breach to the party alleged to be in breach in accordance with Paragraph 9 above. Within 30 days following such notice of breach, the party alleged to be in breach shall cure the breach, or under circumstances where the breach cannot reasonably be cured within such 30-day period, shall commence curing such breach as soon as possible within such 30-day period and shall continue diligently to cure such breach until finally cured. In the event of litigation regarding a breach of this Agreement, the parties agree that specific performance is the preferred remedy, provided that such remedy is deemed by a court to meet the standards for an award of specific performance under Idaho law. No waiver of any breach by a party of the terms of this Agreement shall be deemed a waiver of any subsequent breach of the Agreement.
Breach; Remedies. Both parties recognize that the services to be rendered under this Agreement by Employee are special, unique and extraordinary in character, and that in the event of the breach by Employee of the terms and conditions of this Agreement, Employer shall be entitled, inter alia, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either in law or in equity, to obtain damages for any breach of this Agreement, and to seek to enforce the specific performance thereof by Employee, and/or to seek to enjoin Employee from performing services for any other person, firm or corporation. The parties further stipulate that the law of California shall apply to any dispute of action regarding this Agreement.
Breach; Remedies. In the event of a breach by either party of this Amendment the remedies of the parties shall be governed in accordance with the License Agreement.
Breach; Remedies. Except as otherwise provided below, (i) in the event of a material breach by Anson of any of its representations or warranties contained in Article II of this Agreement, or in the event of its failure to perform or a violation of any of its obligations, agreements or covenants contained in Articles IV or VI of this Agreement, then (subject to Anson's limited right to notice of default and opportunity to cure provided in Paragraph 8.02.a. above) Uwharrie's sole right and remedy shall be to terminate this Agreement prior to the Anson Heritage Merger Effective Time as provided in Paragraph 8.02.a. above, or, in the case of a failure to perform or a violation of any obligations, agreements or covenants, to seek specific performance thereof; and (ii) in the event of any such termination of this Agreement by Uwharrie, then Anson shall be obligated to reimburse Uwharrie for up to (but not more than) $100,000 in expenses described in Paragraph 6.04. which actually have been incurred by it and Anson will be required to pay Uwharrie $200,000 as liquidated damages in full compensation of all other harm suffered by Uwharrie as a result of such termination. Likewise, and except as otherwise provided below, (i) in the event of a material breach by Uwharrie of any of its representations or warranties contained in Article III of this Agreement, or in the event of its failure to perform or a violation of any of its obligations, agreements or covenants contained in Articles V or VI of this Agreement, then (subject to Uwharrie's limited right to notice of default and opportunity to cure provided in Paragraph 8.02.b. above) Anson's sole right and remedy shall be to terminate this Agreement prior to the Anson Heritage Merger Effective Time as provided in Paragraph 8.02.b. above, or, in the case of a failure to perform or a violation of any obligations, agreements or covenants, to seek specific performance thereof; and, (ii) in the event of any such termination of this Agreement by Anson, then Uwharrie shall be obligated to reimburse Anson for up to (but not more than) $100,000 in expenses described in Paragraph 6.04. which actually have been incurred by it and Uwharrie will be required to pay Anson $200,000 as liquidated damages in full compensation of all other harm suffered by Anson as a result of such termination. Notwithstanding anything contained herein to the contrary, if any party to this Agreement breaches this Agreement by willfully or intentionally failing to perform...
Breach; Remedies. Subject to the terms and conditions of the Senior Mortgage, upon Borrower's breach of the STATUTORY CONDITION or any covenant or agreement of Borrower in the Note or this Mortgage, including the covenant to pay when due any sums secured by this Mortgage, Lender, prior to acceleration shall give notice to Borrower as provided in paragraph 10 hereof specifying; (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE and any other remedy permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 13, including, but not limited to, reasonable attorneys' fees, all of which shall be secured by this Mortgage. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to any other person required by applicable law, in the manner provided by applicable law. Lender shall publish the notice of sale and the Property shall be sold in the manner prescribed by applicable law. Lender or Lender's designee may purchase the property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by any mortgage with a lien which has priority over this Mortgage; (c) to all sums secured by this Mortgage; and (d) the excess, if any, to the person or persons legally entitled thereto.
