Common use of Material breach by the Company Clause in Contracts

Material breach by the Company. Xx. Xxxxxx will be entitled to recover actual damages in the event of any material breach of this Agreement by the Company, including any unexcused late or non-payment of any amounts owed under this Agreement, or any unexcused failure to provide any other benefits specified in this Agreement. In the event of a breach or threatened breach by the Company of any of its material obligations to him under this Agreement, Xx. Xxxxxx will be entitled to seek, in addition to any other remedies provided in this Agreement, specific performance of the Company’s obligations and any other applicable equitable or injunctive relief. Pursuant to paragraph 15, and except as prohibited or limited by law, the Company will also be liable for any litigation costs and expenses that Xx. Xxxxxx incurs in successfully seeking enforcement of her rights under this Agreement, including reasonable attorney’s fees. Despite any breach by the Company, its other duties and obligations under this Agreement will remain in full force and effect.

Appears in 2 contracts

Samples: Separation Agreement (Pacific Gas & Electric Co), Separation Agreement (Pg&e Corp)

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Material breach by the Company. Xx. Xxxxxx Xxxxx will be entitled to recover actual damages in the event of any material breach of this Agreement by the Company, including any unexcused late or non-payment of any amounts owed under this Agreement, or any unexcused failure to provide any other benefits specified in this Agreement. In the event of a breach or threatened breach by the Company of any of its material obligations to him under this Agreement, Xx. Xxxxxx Xxxxx will be entitled to seek, in addition to any other remedies provided in this Agreement, specific performance of the Company’s obligations and any other applicable equitable or injunctive relief. Pursuant to paragraph 15, and except as prohibited or limited by law, the Company will also be liable for any litigation costs and expenses that Xx. Xxxxxx Xxxxx incurs in successfully seeking enforcement of her his rights under this Agreement, including reasonable attorney’s fees. Despite any breach by the Company, its other duties and obligations under this Agreement will remain in full force and effect.

Appears in 1 contract

Samples: Separation Agreement (Pg&e Corp)

Material breach by the Company. Xx. Xxxxxx XxXxxxxx will be entitled to recover actual damages in the event of any material breach of this Agreement by the Company, including any unexcused late or non-payment of any amounts owed under this Agreement, or any unexcused failure to provide any other benefits specified in this Agreement. In the event of a breach or threatened breach by the Company of any of its material obligations to him under this Agreement, Xx. Xxxxxx XxXxxxxx will be entitled to seek, in addition to any other remedies provided in this Agreement, specific performance of the Company’s obligations and any other applicable equitable or injunctive relief. Pursuant to paragraph 15, and except as prohibited or limited by law, the Company will also be liable for any litigation costs and expenses that Xx. Xxxxxx XxXxxxxx incurs in successfully seeking enforcement of her rights under this Agreement, including reasonable attorney’s fees. Despite any breach by the Company, its other duties and obligations under this Agreement will remain in full force and effect.

Appears in 1 contract

Samples: Separation Agreement (PACIFIC GAS & ELECTRIC Co)

Material breach by the Company. XxMx. Xxxxxx will be entitled to recover actual damages in the event of any material breach of this Agreement by the Company, including any unexcused late or non-payment of any amounts owed under this Agreement, or any unexcused failure to provide any other benefits specified in this Agreement. In the event of a breach or threatened breach by the Company of any of its material obligations to him Mx. Xxxxxx under this Agreement, XxMx. Xxxxxx will be entitled to seek, in addition to any other remedies provided in this Agreement, specific performance of the Company’s obligations and any other applicable equitable or injunctive relief. Pursuant to paragraph 1514, and except as prohibited or limited by law, the Company will also be liable for any litigation costs and expenses that XxMx. Xxxxxx incurs in successfully seeking enforcement of her Mx. Xxxxxx’x rights under this Agreement, including reasonable attorney’s fees. Despite any breach by the Company, its other duties and obligations under this Agreement will remain in full force and effect.

Appears in 1 contract

Samples: Separation Agreement (Pg&e National Energy Group Inc)

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Material breach by the Company. Xx. Xxxxxx Xxxxx will be entitled to recover actual damages in the event of any material breach of this Agreement by the Company, including any unexcused late or non-payment of any amounts owed under this Agreement, or any unexcused failure to provide any other benefits specified in this Agreement. In the event of a breach or threatened breach by the Company of any of its material obligations to him under this Agreement, Xx. Xxxxxx Xxxxx will be entitled to seek, in addition to any other remedies provided in this Agreement, specific performance of the Company’s 's obligations and any other applicable equitable or injunctive relief. Pursuant to paragraph 1514, and except as prohibited or limited by law, the Company will also be liable for any litigation costs and expenses that Xx. Xxxxxx Xxxxx incurs in successfully seeking enforcement of her his rights under this Agreement, including reasonable attorney’s 's fees. Despite any breach by the Company, its other duties and obligations under this Agreement will remain in full force and effect.

Appears in 1 contract

Samples: Severance Agreement and Release (Pacific Gas & Electric Co)

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