Enforcement in General Sample Clauses

Enforcement in General. If the Executive Officer, with any appropriate input from the Section 177 States, makes a determination that BMW NA has failed to comply with any term of this Settlement Agreement, the Executive Officer will notify BMW NA, in writing, of the reasons supporting the determination and provide BMW NA with information upon which the determination was based. Except as provided below with regard to a GHG Credit Shortfall Breach, breaches of this Settlement Agreement shall be enforced in accordance with applicable contract law, including the availability of injunctive relief.
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Enforcement in General. If the Executive Officer, with any appropriate input from the Section 177 States, makes a determination that Ford has failed to comply with any term of this Settlement Agreement, the Executive Officer will notify Ford, in writing, of the reasons supporting the determination and provide Ford with information upon which the determination was based. Except as provided below with regard to a GHG Credit Shortfall Breach, breaches of this Settlement Agreement shall be enforced in accordance with applicable contract law, including the availability of injunctive relief.
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Enforcement in General. If the Executive Officer, with any appropriate input from the Section 177 States, makes a determination that Volvo Car USA has failed to comply with any term of this Settlement Agreement, the Executive Officer will notify Volvo Car USA, in writing, of the reasons supporting the determination and provide Volvo Car USA with information upon which the determination was based. Except as provided below with regard to a GHG Credit Shortfall Breach, breaches of this Settlement Agreement shall be enforced in accordance with applicable contract law, including the availability of injunctive relief.
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Enforcement in General. If the Executive Officer, with any appropriate input from the Section 177 States, makes a determination that VWGoA has failed to comply with any term of this Settlement Agreement, the Executive Officer will notify VWGoA, in writing, of the reasons supporting the determination and provide VWGoA with information upon which the determination was based. Except as provided below with regard to a GHG Credit Shortfall Breach, breaches of this Settlement Agreement shall be enforced in accordance with applicable contract law, including the availability of injunctive relief.
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Enforcement in General. If the Executive Officer, with any appropriate input from the Section 177 States, makes a determination that Stellantis has failed to comply with any term of this Settlement Agreement, the Executive Officer will notify Stellantis, in writing, of the reasons supporting the determination and provide Stellantis with information upon which the determination was based. Except as provided below with regard to a GHG Credit Shortfall Breach and a XXX Values Shortfall Breach, breaches of this Settlement Agreement shall be enforced in accordance with applicable contract law, including the availability of injunctive relief.
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Enforcement in General. Most issues relating to the enforcement of multi-tier agreements turn on the interpretive issue described above: whether the lower tiers of the agreement are jurisdictional preconditions to the upper tiers. If a court finds that those lower tiers are non-mandatory, then it creates no violation to allow whatever action has already been commenced to continue. In such situations, courts will decline to stay litigation, decline to enjoy arbitration, or generally decline to obstruct ongoing proceedings. If, on the other hand, a court finds that mandatory preconditions to arbitration or litigation have not been fulfilled, it will stay litigation or arbitration and direct the parties to resolve their dispute as set out in the lower tiers of their multi- tier agreement. Courts will not order specific performance of, for example, agreements to negotiate or mediate due to the difficulty of supervising compliance; instead, the remedy is to prevent access to the upper tier dispute resolution procedures so long as the lower tiers remain unfulfilled. If a multi-tier agreement including mandatory lower tiers culminates in arbitration, and arbitration has already been commenced, enforcing the multi-tier agreement may mean enjoining the arbitration from proceeding further or setting aside or refusing to enforce any award that has been issued. This remedy has the greatest impact on parties, forcing them to “go back to square one” after having spent significant time and money on dispute resolution. Courts should grant it only when they are convinced that the parties intended to impose mandatory jurisdictional preconditions to arbitration, which the arbitrator failed to respect. Aside from interpretation, the main issue in enforcing multi- tier agreements is whether the lower tiers were in fact completed. In general, courts do not require perfect compliance with contractual specifications. Reasonable attempts to comply with lower tiers appear to suffice, although the outcome depends on the specificity with which the agreement describes the required procedures. In Xxxxx-Xxxxx v Costisella, the agreement called for mediation as a mandatory precondition to arbitration.50 The claimant initiated arbitration and the respondent argued that the mediation precondition had not been fulfilled. It was undisputed that no mediation process had occurred. However, the Court found that the claimant had offered to submit the dispute to mediation but the respondent had refused; on these facts, ...
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Enforcement in General. If the Executive Officer, with any appropriate input from the Section 177 States, makes a determination that AHM has failed to comply with any term of this Settlement Agreement, the Executive Officer will notify AHM, in writing, of the reasons supporting the determination and provide AHM with information upon which the determination was based. Except as provided below with regard to a GHG Credit Shortfall Breach, breaches of this Settlement Agreement shall be enforced in accordance with applicable contract law, including the availability of injunctive relief.
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Related to Enforcement in General

  • Enforcement of Award The Parties agree that the decision or award resulting from arbitration shall be final and binding upon the Parties and shall be enforceable in accordance with the provisions of the Arbitration Act subject to the rights of the aggrieved parties to secure relief from any higher forum.

  • Enforcement of Agreement The Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement was not performed in accordance with its specific terms or was otherwise breached. It is accordingly agreed that the Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Enforcement of Rights Borrowers are jointly and severally liable for the Obligations and Bank may proceed against one or more of the Borrowers to enforce the Obligations without waiving its right to proceed against any of the other Borrowers.

  • Enforcement of the Agreement The parties hereto agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereto, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Enforcement Provisions While Contractors and their Representatives are expected to self-monitor their compliance with this Contractor Code of Conduct, the provisions of this Code are enforceable by LAUSD. Enforcement measures can be taken by LAUSD’s Procurement Services Group or Facilities Contracts Branch in consultation with the Contract Sponsor, the Ethics Office, the Office of the General Counsel, and the Office of the Inspector General. The Office of the Inspector General may also refer matters to the appropriate authorities for further action.

  • Enforcement and Remedies Executive acknowledges that money damages would not be sufficient remedy for any breach of this Article 6 by Executive, and Company shall be entitled to enforce the provisions of this Article 6 by terminating any payments then owing to Executive under this Agreement and/or to specific performance and injunctive relief as remedies for such breach or any threatened breach. Such remedies shall not be deemed the exclusive remedies for a breach of this Article 6, but shall be in addition to all remedies available at law or in equity to Company, including, without limitation, the recovery of damages from Executive and Executive’s agents involved in such breach and remedies available to Company pursuant to other agreements with Executive.

  • Law Enforcement Emergencies If a Party receives a request from a law enforcement agency to implement at its switch a temporary number change, temporary disconnect, or one-way denial of outbound calls for an end user of the other Party, the receiving Party will comply so long as it is a valid emergency request. Neither Party will be held liable for any claims or damages arising from compliance with such requests, and the Party serving the end user agrees to indemnify and hold the other Party harmless against any and all such claims.

  • Enforcement Actions Either the Company or Executive may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, neither party shall initiate or prosecute any lawsuit in any way related to any arbitrable claim, including without limitation any claim as to the making, existence, validity, or enforceability of the agreement to arbitrate. All arbitration hearings under this Agreement shall be conducted in Las Vegas, Nevada.

  • Enforcement of this Agreement The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Enforcement and Venue This Contract shall be enforceable in Georgetown, Xxxxxxxxxx County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Xxxxxxxxxx County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas excluding, however, its choice of law rules.

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