Common use of Fund and Fund Clause in Contracts

Fund and Fund. s Designee acknowledge that in the event of a breach or threatened breach of this Agreement, Intermediary may have no adequate remedy at law, and, accordingly, shall be entitled to obtain an injunction against such breach. However, no specification in this Agreement of a specific legal or equitable remedy shall be construed as a waiver of or a prohibition against any other legal or equitable remedies in the event of a breach of a provision of this Agreement. Intermediary shall be entitled to legal damages and/or equitable relief from Fund as well as from Fund's Designee for any breach of this Agreement by Fund's Designee.

Appears in 22 contracts

Samples: Merrill Lynch Life Variable Annuity Separate Account A, Merrill Lynch Life Variable Annuity Separate Account D, Ml of New York Variable Annuity Separate Account A

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Fund and Fund. s Designee acknowledge that in the event of a breach or threatened breach of this Agreement, Intermediary may have no adequate remedy at law, and, accordingly, shall be entitled to obtain an injunction against such breach. However, no specification in this Agreement of a specific legal or equitable remedy shall be construed as a waiver of or a prohibition against any other legal or equitable remedies in the event of a breach of a provision of this Agreement. Intermediary shall be entitled to legal damages and/or equitable relief from Fund as well as from Fund's Designee for any breach of this Agreement by Fund's Designee.

Appears in 2 contracts

Samples: Merrill Lynch Life Variable Annuity Separate Account A, Ml of New York Variable Annuity Separate Account A

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