Damages/Specific Performance. (a) Participant hereby acknowledges and agrees that in the event of any breach of Section 10 of this Agreement, the Company would be irreparably harmed and could not be made whole by monetary damages. Participant accordingly agrees to waive the defense in any action for injunctive relief or specific performance that a remedy at law would be adequate and that the Company, in addition to any other remedy to which it may be entitled at law or in equity, shall be entitled to an injunction or to compel specific performance of Section 10 of this Agreement.
Damages/Specific Performance. No party hereto shall be liable to the other for any indirect, consequential, special, punitive or any other similar damages of any kind or nature arising in any manner from this Agreement and the performance or nonperformance of obligations hereunder. In the event of a breach of this Agreement, the parties acknowledge and agree that each of them shall, in addition to any other remedies available at law or in equity, have the right to seek specific performance by the other parties of their respective obligations hereunder.
Damages/Specific Performance. Business Associate and Covered Entity agree that money damages would not be a sufficient remedy for any breach or threatened breach of the terms of this Attachment F and that Covered Entity shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach or threatened breach. Such remedy shall not be deemed to be an exclusive remedy for any such breach or threatened breach of the terms of this Attachment F but shall be in addition to all other remedies available at law to Covered Entity.
Damages/Specific Performance. (a) The Participant hereby acknowledges and agrees that in the event of any breach of Section 5 of this Agreement, the Company would be irreparably harmed and could not be made whole by monetary damages. The Participant accordingly agrees to waive the defense in any action for injunctive relief or specific performance that a remedy at law would be adequate and that the Company, in addition to any other remedy to which it may be entitled at law or in equity, shall be entitled to an injunction or to compel specific performance of Section 5.
Damages/Specific Performance. Each party understands and agrees that the other party may be irreparably harmed by violation of this agreement, and that the use of the Confidential Information for the business purpose of the non-disclosing party could enable the using party to compete unfairly with the disclosing party. In the event that either party shall become aware of the breach of confidentiality of, or misappropriation of, any information disclosed by it by the other party hereto, the disclosing party shall be entitled to injunctive relief to the enforcement of specific performance of this Agreement and to damages and costs including reasonable attorney’s fees expended in enforcing this agreement and that party’s rights hereunder.
Damages/Specific Performance. From and after the Closing, in no event (including in the case of an arbitration pursuant to Section 9.13 hereof) shall any party hereto be entitled to any punitive, incidental, indirect, special or consequential damages resulting from or arising out of this Agreement or the transactions contemplated hereby, including any damages for lost revenues, income, profits or tax benefits, or any other damage or loss resulting from any disruption to the business of the Purchaser or the Company. Further, the parties acknowledge and agree that any breach of the terms of this Agreement would give rise to irreparable harm for which money damages would not be an adequate remedy and accordingly the parties agree that each shall be entitled to enforce the terms of this Agreement by a decree of specific performance without the necessity of proving the inadequacy of money damages as a remedy.
Damages/Specific Performance. Notwithstanding anything to the contrary set forth herein, in no event shall any party hereto be entitled to any punitive, incidental, indirect, special or consequential damages or loss of profits resulting from or arising out of this Agreement or the transactions contemplated hereby. Further, the parties acknowledge and agree that any breach of the terms of this Agreement would give rise to irreparable harm for which money damages would not be an adequate remedy and accordingly the parties agree that each shall be entitled to enforce the terms of this Agreement by a decree of specific performance without the necessity of proving the inadequacy of money damages as a remedy.
Damages/Specific Performance a. In the event of a material breach by WYZZ of its obligations hereunder, Nexstar shall be entitled to seek monetary damages against WYZZ. The Parties recognize, however, that, given the unique nature of the Station and this Agreement, monetary damages alone will not be adequate to compensate Nexstar for any injury resulting from WYZZ's breach. Except to the extent such action would not be permitted by the rules and regulations of the FCC, Nexstar shall therefore be entitled, in addition to a right to seek and collect monetary damages, to obtain specific performance of the terms of this Agreement. If any action is brought by Nexstar to enforce this Agreement, WYZZ shall waive the defense that there is an adequate remedy at law. In addition, in the event of a material breach by WYZZ of its obligations hereunder, Nexstar shall be entitled to terminate this Agreement and exercise its rights pursuant to Section 25(b) hereof (except that Nexstar may not assert consequential, special or punitive damages or any claim for lost profits).
Damages/Specific Performance. Lender, at its option, may proceed to enforce the provisions of this Guaranty at law or in equity, including without limitation by a judgment or judgments against any Guarantor for damages or by specific performance.
Damages/Specific Performance. (a) Participant hereby acknowledges and agrees that in the event of any breach of Section 12 of this Agreement, the Company would be irreparably harmed and could not be made whole by monetary damages. Participant accordingly agrees to waive the defense in any action for injunctive relief or specific performance that a remedy at law would be adequate and that the Company, in addition to any other remedy to which it may be entitled at law or in equity, shall be entitled to an injunction or to compel specific performance of Section 12. (b) In addition to any other remedy to which the Company may be entitled at law or in equity (including the remedy provided in the preceding paragraph), Participant hereby acknowledges and agrees that in the event of any breach of Section 12 of this Agreement, Participant shall be required to refund to the Company the value received by Participant upon vesting of the PBRSUs; provided, however, that the Company makes any such claim, in writing, against Participant alleging a violation of Section 12 not later than two years following Participant’s termination of Employment.
