Liquidated Damages and Injunctive Relief. The Cooperative shall be entitled to relief under Kansas Statutes, Section 17-1616 including injunctive relief or a decree of specific performance in the event of any breach of this Agreement. It is further agreed that in the event of any breach of this Agreement, because of the impossibility of ascertaining with accuracy the damages resulting from such a breach, the Cooperative shall be entitled, as liquidated damages, to an amount equal to twenty dollars ($20) per head of cattle or twenty-five percent (25%) of the market value of the cattle which the Producer has failed to deliver or improperly furnished under the terms of this Agreement, provided however the Board may by resolution exempt from breach and liquidated damages a certain amount or percentage of the cattle required to be delivered based on accepted production losses. The greater amount of liquidated damages applies if the Board of Directors determines the breach is willful, the reason of the breach was to take advantage of higher markets elsewhere, or the Producer is abandoning the Member's contractual duties to the Cooperative and other members of the Cooperative. Should the non-performance by the Producer of his or her obligations under this Agreement result in the termination of his or her membership in the Cooperative, the Producer agrees that, in addition to any other remedies available to the Cooperative, the amount of damages as he or she may become obligated to pay the Cooperative shall be credited to the Cooperative against the Producer's stock or other evidences of equity. The Producer agrees to pay all reasonable legal costs and expenses, including attorneys' fees and court costs, incurred by the Cooperative in any action brought by the Cooperative against the Producer for any breach or threatened breach of this Agreement.
Liquidated Damages and Injunctive Relief. The Parties acknowledge that the payment of the Termination Fee set out in Section 6.3(a) is the payment of liquidated damages that are a genuine pre-estimate of the damages the Offeror will suffer or incur as a result of the event giving rise to such payment and the resultant termination of this Agreement and is not a penalty. Augusta irrevocably waives any right it may have to raise as a defence that any such liquidated damages are excessive or punitive. For greater certainty, the Parties agree that the right to receive payment of the amount determined pursuant to Section 6.3(a), in the manner provided therein, is, where such amount has been paid in full, the sole monetary remedy of the Offeror in respect of the event giving rise to such payment, other than the right to injunctive relief in accordance with Section 10.3 hereof to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or otherwise to obtain specific performance of any of such acts, covenants or agreements, without the necessity of posting a bond or security in connection therewith.
Liquidated Damages and Injunctive Relief. The Parties acknowledge that the payment of the Termination Fee, Expense Reimbursement or Reverse Termination Payment is the payment of liquidated damages that are a genuine pre-estimate of the damages the Offeror or CanniMed, as applicable, will suffer or incur as a result of the event giving rise to such payment and the resultant termination of this Agreement and is not a penalty. The Parties irrevocably waives any right they may have to raise as a defence that any such liquidated damages are excessive or punitive. For greater certainty, the Parties agree that the right to receive payment of the amount determined pursuant to Section 6.3(a), 6.3(b) and 6.3(d), in the manner provided therein, is, where such amount has been paid in full, the sole monetary remedy of the Offeror in respect of the event giving rise to such payment, other than the right to injunctive relief in accordance with Section 10.3 hereof to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or otherwise to obtain specific performance of any of such acts, covenants or agreements, without the necessity of posting a bond or security in connection therewith.
Liquidated Damages and Injunctive Relief. Any breach of any provision of the MSA governing confidentiality or non-disparagement by Claimants is presumed to constitute irreparable harm to OSU for which OSU is entitled to an injunction and monetary damages flowing from the breach, including, but not limited to, forfeiture or return to OSU of the breaching Claimant’s Settlement Amount. These non-exclusive damages are not a penalty but are fair and reasonable. Claimants’ Counsel and Claimants agree that this provision is a substantial and material provision of the MSA and an inducement for the Parties to enter into the MSA.
Liquidated Damages and Injunctive Relief. Each Party acknowledges that all of the payment amounts set out in this Article are payments of liquidated damages which are a genuine pre-estimate of the damages which the Party entitled to such damages will suffer or incur as a result of the event giving rise to such damages and the resultant termination of this Agreement and are not penalties. CP Ships irrevocably waives any right it may have to raise as a defence that any such liquidated damages are excessive or punitive. For greater certainty, the Parties agree that, subject to Article VIII, payment of the amount determined pursuant to this Article in the manner provided in respect thereof is the sole monetary remedy of the Party receiving such payment. Nothing contained herein shall preclude a Party from seeking injunctive relief to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or the Confidentiality Agreement or otherwise to obtain specific performance of any of such acts, covenants or agreements, without the necessity of posting a bond or security in connection therewith.
Liquidated Damages and Injunctive Relief. Digital acknowledges that the covenants contained in Section 2, prohibiting marketing and sales outside of the health care industry and outside of the United States of America and Canada and the disclosure and use of Confidential Information as prohibited in Sections (a) and (b) of Section 12, are crucial to the interests of VisCorp and that violation of such covenants would cause irreparable damage to VisCorp. Accordingly, Digital agrees that in the event of violation of the covenants of Digital contained in Sections 2, 12(a), or 12(b), of this Agreement:
Liquidated Damages and Injunctive Relief. Each of the Parties acknowledges that all of the payment amounts set out in Sections 7.3 and 7.4 are payments of liquidated damages which are a genuine pre-estimate of the damages Parent and Acquisition Sub, on the one hand, or Hummingbird, on the other hand (as the case may be) will suffer or incur as a result of the event giving rise to such payment and the resultant termination of this Agreement and are not penalties. Each of the Parties irrevocably waives any right it may have to raise as a defense that any such liquidated damages are excessive or punitive. For greater certainty, the Parties agree that, subject to Sections 7.3 and 7.4, payment of the amounts determined pursuant to Sections 7.3 and/or 7.4 in the manner provided in respect thereof is the sole monetary remedy of the Party receiving such payment. Nothing contained herein shall preclude a Party from seeking injunctive relief to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or otherwise to obtain specific performance of any of such acts, covenants or agreements, without the necessity of posting a bond or security in connection therewith.
Liquidated Damages and Injunctive Relief. Any breach by you of provisions set out in Sections 7 through 11 above shall be a material breach of this Separation Agreement for which we agree that Riverview or any Riverview Affiliate would suffer irreparable harm and damage to its reputation, and for which liquidated damages in the amount equal to the Severance Benefit specified in Section 7 of the Employment Agreement or actual damages, whichever is greater, shall be assessed. The foregoing shall not be interpreted to preclude any additional remedy available to Riverview at law or in equity, including, but not limited to, injunctive relief.
Liquidated Damages and Injunctive Relief. KUMAR agrees that the covenants in Paragraphs 9, 10 and 11 are reasonable and should he violate the terms of Paragraphs 9, 10 or 11, ECD shall have the right to seek and he gives his consent to the issuance of an injunction to prohibit him from further violation of these covenants including an order requiring him to immediately cease all employment or other activities in violation of these Paragraphs. While the Parties have stipulated to liquidated damages, the payment of such liquidated damages does not relieve the right of ECD to obtain an injunction prohibiting further violation. In addition to all equitable remedies available to ECD as specified above, KUMAR agrees that as a result of a violation of Paragraphs 9, 10 or 11, that he shall be liable for liquidated damages in the form of surrender to ECD of the financial value of the options and restricted shares that are the subject of accelerated vesting under Xxxxxxxxx 0X. The parties agree that the amount of actual damages suffered by ECD as a result of a violation of Paragraphs 9, 10 or 11 would be difficult to determine. The time periods specified in Paragraphs 9, Initial Here: ___ ENERGY CONVERSION DEVICES, INC. 10 and 11, as applicable, shall be extended for the period of any violation of the restriction. If KUMAR is obligated under Paragraph 9, 10, or 11 to surrender the financial value of the options and restricted shares that are subject to accelerated vesting under Xxxxxxxxx 0X, then KUMAR shall (1) forfeit any right to receive or exercise the unvested options and restricted shares that are the subject of accelerated vesting under Paragraph 2F, (2) forfeit any options that have vested under Paragraph 2F but have not then been exercised, (3) with respect to any options that have vested under Paragraph 2F and have then been exercised, pay ECD the fair market value of the shares on the date the options were exercised, less the option price, and (4) with respect to any restricted shares that have vested under Xxxxxxxxx 0X, xxx XXX the fair market value of the shares as of the date on which the restrictions lapsed. For purposes of this paragraph, “fair market value” will be defined as the per share closing price of ECD’s common stock on the date of exercise for options and the date on which the restrictions lapse for restricted stock.
Liquidated Damages and Injunctive Relief. The Receiving Party acknowledges that the improper disclosure or use of the Confidential Information may give rise to irreparable injury to the Disclosing Party, inadequately compensable in damages and that, accordingly, the Disclosing Party may seek and obtain, in addition to any legal remedies that may be available, liquidated damages in the amount of Ten Thousand Dollars ($10,000) for each violation of Section 4, and injunctive relief against the breach or threatened breach by the Receiving Party of any of the terms of this Agreement. It is expressly stipulated by the Receiving Party that the actual amount of damages resulting from such violation(s) of Section 4 would be difficult if not impossible to determine accurately because of the unique nature of this Agreement, and differences of opinion with respect to such matters, and that the liquidated damages and injunctive relief provided for herein are a reasonable estimate by the Parties of such damages. Receiving Party agrees that such liquidated damages and injunctive relief are not exclusive of any other remedies available to Disclosing Party may have, especially in cases of fraud. Under principles of equity, Receiving Party acknowledges and agrees that if a court or finder of fact finds that Receiving Party has breached any term of this Agreement, then Disclosing Party shall be entitled to pre and post judgment interest at the maximum interest rate allowed by law.
