Court Enforcement. Furthermore, the Union and City agree that the provisions in this Article are enforceable in a court of law.
Court Enforcement. Councils or SMC may enforce this Agreement by commencing a civil action in district court. Disputes regarding issues of substantive arbitrability and Disputes involving an alleged failure of Councils or SMC to perform a non- discretionary obligation or duty under this Agreement, shall be resolved through a civil action.
Court Enforcement. Upon execution of this Agreement, it shall be entered as an Order of the United States District Courtfor the District of Delaware (the “Court”). The above –captioned lawsuit shall then be dismissed, without prejudice to a filing by or on behalf of the plaintiff, in the event of a material breach of this Agreement by the DOC, and the inability of counsel to cure the breach through reasonable means after meeting and conferring. The issues before the Court in the event of such filing shall be limited to the enforcement of the Agreement through appropriate sanctions, in the event the Court would find that a material breach of its conditions has occurred. The American Civil Liberties Union of Delaware Foundation (“ACLF”) shall have the right to seek enforcement of this Order and Agreement, and DOC shall not oppose an application by ACLF to intervene in this action for that purpose.
Court Enforcement. Failure to abide by the final decision of a Board or Arbitrator shall be a violation of this Agreement, provided the Board or Arbitrator has not exceeded their authority as provided in Section 19.06 or otherwise ruled in a manner contrary to law or public policy. The Union or Employer may, if deemed expedient, seek Court to vacate or enforcement of in Court any final decisions of a Board or Arbitrator. (TA 11-6-20)
Court Enforcement. Notwithstanding these dispute resolution procedures, either party may apply to any court having jurisdiction to (i) enforce the Agreement to compel arbitration, (ii) seek provisional injunctive relief so as to maintain the status quo until the arbitration award is rendered or the dispute is otherwise resolved, (iii) avoid the expiration of any applicable limitation period, (iv) preserve a superior position with respect to creditors, or (v) challenge or vacate any final decision or award of the arbitration panel that does not comport with the express provisions of this section.
Court Enforcement. The Court will retain jurisdiction to enforce compliance with the provisions in this Agreement, including but not limited to the required modifications to Quorn’s product labeling and promotional materials.
Court Enforcement. Should a court find any part of this Agreement to be overly broad or unreasonable in time, scope or area, such court shall nonetheless enforce the Agreement to the extent determined to be reasonable.
Court Enforcement. The terms and conditions of this Agreement shall be enforceable in the future by the Special Court affirming and giving full force and effect to its provisions, or any successor court appointed pursuant to Title 15.2, Chapter 30 of the Code.
Court Enforcement instituting court enforcement proceedings in accordance with the provisions of the Civil Procedure Code.
Court Enforcement. The Court shall retain jurisdiction over this Action and over the parties in order to enforce this Agreement. If Ultrastrip fails to comply with the payment schedule set forth in paragraph 2(a) above, M&W shall serve UltraStrip with written notice of default with proof of delivery. A copy of the notice of default shall be simultaneously served on UltraStrip's counsel via facsimile c/o Adam D. Palmer, Esq., at facsimile number 561-750-5045. Thereafter, XxxxxXxxxx xxxll have five business days wxxxxx xxxxx to cure the default, failing which UltraStrip shall be deemed to have waived all defenses except for timely payment hereunder and M&W shall be entitled to file a Motion for Enforcement and Affidavit of Default whereupon M&W shall be entitled to the entry of a final judgment against Ultrastrip for the total amount due hereunder less any sums paid through the date of the judgment, together with reasonable attorneys fees in the agreed upon and liquidated amount of $2,500 for enforcement of this Agreement.
