Enforcement of Covenant. The Parties agree that the remedy of damages at law for the breach of any of the covenants contained in this Section 3.5 is an inadequate remedy. In recognition of the irreparable harm that a violation by the Sellers of any of the covenants, agreements or obligations arising under this Section 3.5 would cause Buyer or its Affiliates, the Sellers agree that in addition to any other remedies or relief afforded by law, a preliminary and permanent injunction against an actual or threatened violation or violations may be issued against the Sellers without showing actual monetary damages or posting of a bond or other security. In the event of an action to enforce the covenants in this Section 3.5, the prevailing Party will be entitled to be reimbursed by the other Party for reasonable attorney’s fees and other expenses incurred by the prevailing Party with respect to such enforcement action; provided, however, Buyer will be entitled to be reimbursed by the Sellers in the event a Seller challenges the enforceability or reasonableness of any of the provisions of this Section 3.5. Each of Buyer’s Affiliates will have the right to enforce the Sellers’s obligations set forth in this Section 3.5. In addition, in the event any Seller violates any provisions of this Section 3.5, then, in such event the period of the violation will be added to the Restricted Period set forth in such section.
Enforcement of Covenant. This Covenant shall constitute covenants running with the land and Housing Unit as a burden thereon, for the benefit of each of the Beneficiaries and/or its respective successors and assigns, as applicable, and who may enforce the covenants and compel compliance therewith. Enforcement by any appropriate legal action may include, but is not limited to specific performance injunction, reversion, damages, or eviction of noncomplying Declarants and/or Occupants.
Enforcement of Covenant. Sellers agree that the covenants and agreements set forth in this Section 4.8 are a material inducement to Buyer to enter into this Agreement and perform its obligations hereunder and are necessary to protect the goodwill of the Company (which goodwill is a material portion of what is being acquired hereunder). If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in subsections (a), (b) or (c) is invalid or unenforceable, then the Parties agree that the court or tribunal will have the power to reduce the scope, duration or geographic area of the term or provision, to delete specific words or phrases or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the Parties’ intention in the invalid or unenforceable term or provision.
Enforcement of Covenant. Employee acknowledges that a violation of the covenant in paragraph 12 will cause irreparable injury to Company. In the event of the violation or threatened violation of said paragraph 12, the Company may, in addition to any other legal or equitable rights that it may have, obtain specific enforcement of paragraph 12 by means of an a court order enjoining and restraining Employee from committing or continuing to commit any such violation. Further, in the event of such breach or threatened breach, Employee promises and agrees to reimburse Company for all costs, expenses and attorneys fees incurred in the enforcement of Company's rights hereunder provided a breach or threatened breach by the Employee shall have occurred. Nothing contained herein shall be construed as prohibiting Company from pursuing any other remedy available to it for such breach or threatened breach, including recovery of damages from Employee. The one (1) year restriction under paragraph 12 shall be extended for any period of time during which Employee is in violation of any provision of paragraph 12.
Enforcement of Covenant. Employee acknowledges that a violation of the covenant in paragraph 11 will cause irreparable injury to Company. In the event of the violation or threatened violation of said paragraph 11, the Company may, in addition to any other legal or equitable rights that it may have, obtain specific enforcement of paragraph 11 by means of an ex parte court order enjoining and restraining Employee from committing or continuing to commit any such violation. Further, in the event of such breach or threatened breach, Employee promises and agrees to reimburse Company for all costs, expenses and attorneys fees incurred in the enforcement of Company's rights hereunder. Nothing contained herein shall be construed as prohibiting Company from pursuing any other remedy available to it for such breach or threatened breach, including recovery of damages from Employee. The one (1) year restriction under paragraph 11 shall be extended for any period of time during which Employee is in violation of any provision of paragraph 11.
Enforcement of Covenant. The Parties agree that any monetary remedy for the breach of any of the covenants contained in Section 7.2 and this Section 7.12 may be inadequate. In recognition of the irreparable harm that a violation of any of the covenants, agreements or obligations arising under Section 7.2 and this Section 7.12 would cause the non-breaching Party or its Affiliates, the Parties agree that in addition to any other remedies or relief afforded by Law, an injunction against an actual or threatened violation or violations may be issued against the breaching Party without posting a bond or other security. In the event of an action to enforce the covenants in Section 7.2 or this Section 7.12, the prevailing Party will be entitled to be reimbursed for its actual attorney’s fees incurred with respect to such action.
Enforcement of Covenant. The parties agree that the remedy of damages at law for the breach of any of the covenants contained in this Section 6.3 is an inadequate remedy and that no Seller will challenge the enforceability or reasonableness of the covenants set forth in this Section 6.3. In recognition of the irreparable harm that a violation by a Seller of any of the covenants, agreements or obligations arising under this Section 6.3 would cause the Purchaser or its Affiliates, Sellers agree that in addition to any other remedies or relief afforded by law, an injunction against an actual or threatened violation or violations may be issued against a Seller without posting a bond or other security. In the event of an action to enforce the covenants in this Section 6.3, the Purchaser will be entitled to be reimbursed for actual attorney’s fees incurred by such party with respect to such action. Sellers acknowledge and expressly consent to the governing law and exclusive jurisdiction provisions set forth in Section 8.8 with respect to this Section 6.3. In the event a Seller violates any provisions of this Section 6.3 hereof, then, in such event the period of the violation will be added to the restricted period set forth in such section with regard to such Seller.
Enforcement of Covenant. The parties agree that the remedy of damages at law for the breach of any of the covenants contained in this Section 6.3 is an inadequate remedy and that none of the Restricted Parties will challenge the enforceability or reasonableness of the covenants set forth in this Section 6.3. In recognition of the irreparable harm that a violation by the Restricted Parties of any of the covenants, agreements or obligations arising under this Section 6.3 would cause the Purchaser or its Affiliates, each Restricted Parties agree that in addition to any other remedies or relief afforded by law, an injunction against an actual or threatened violation or violations may be issued against the Restricted Parties without posting a bond or other security. In the event of an action to enforce the covenants in this Section 6.3, the Purchaser will be entitled to be reimbursed for attorney’s fees incurred by the Purchaser with respect to such action.
Enforcement of Covenant. The Parties agree that the remedy of damages at law for the breach of any of the covenants contained in this Section 8.7 is an inadequate remedy. In recognition of the irreparable harm that a violation by the Company or Guarantor of any of the covenants, agreements or obligations arising under this Section 8.7 would cause Buyer or its Affiliates, each of the Company and Guarantor agrees that in addition to any other remedies or relief afforded by law, a preliminary and permanent injunction against an actual or threatened violation or violations may be issued against any the Company or Guarantor without showing actual monetary damages or posting of a bond or other security. In the event of an action to enforce the covenants in this Section 8.7, the prevailing Party will be entitled to be reimbursed by the other Party for reasonable attorney’s fees and other expenses incurred by the prevailing Party with respect to such enforcement action; provided, however, Buyer shall be entitled to be reimbursed by the Company or Guarantor in the event the Company or Guarantor challenges the enforceability or reasonableness of any of the provisions of this Section 8.7. Each of Buyer’s Affiliates will have the right to enforce each of the Company’s and Guarantor’s obligations set forth in this Section 8.7.
Enforcement of Covenant. The Parties agree that the remedy of damages at law for the breach of any of the covenants contained in this Section 3.5 is an inadequate remedy. In recognition of the irreparable harm that a violation by the Equity Holder of any of the covenants, agreements or obligations arising under this Section 3.5 would cause Buyer or its Affiliates, the Equity Holder agrees that in addition to any other remedies or relief afforded by law, a preliminary and permanent injunction against an actual or threatened violation or violations may be issued against the Equity Holder. In the event of an action to enforce the covenants in this Section 3.5, the prevailing Party will be entitled to be reimbursed by the other Party for reasonable attorney’s fees and other expenses incurred by the prevailing Party with respect to such enforcement action; provided, however, Buyer will be entitled to be reimbursed by the Equity Holder in the event the Equity Holder challenges the enforceability or reasonableness of any of the provisions of this Section 3.5. Each of Buyer’s Affiliates will have the right to enforce the Equity Holder’s obligations set forth in this Section 3.5.
