Remedies at Law. In the event the Company or the City fails to fulfill any of its respective obligations under this Agreement, the City or the Company, whichever the case may be, shall have a breach of contract claim and remedy against the other, in addition to any other remedy provided herein or by law; provided, however, that no remedy that would have the effect of amending the specific provisions of this Agreement shall become effective without such action that would be necessary to formally amend the Agreement.
Remedies at Law. Without limiting Section 13.3 and except as expressly stated in this Agreement, the rights and remedies provided in this Agreement and all other rights and remedies available to either Party at law or in equity are, to the extent permitted by law, cumulative and not exclusive of any other right or remedy now or hereafter available at law or in equity. * - * - * - *
Remedies at Law. This Section 10 shall not limit or constrain the right of the Company to pursue and recover damages at law for breaches of this Agreement, including breaches of Sections 7 through 9 hereof.
Remedies at Law. In the event the Company or the City fails to fulfill any of its respective obligations under this Agreement, the Party that is not in default may exercise any remedies available to it provided by law; however, no remedy that would have the effect of amending the provisions of this Agreement shall become effective without a formal amendment of this Agreement.
Remedies at Law. In the event of a default by either party under this Agreement, the party not in breach shall have the right to receive from Escrow Agent those deposits or sums paid under Section 4 of this Agreement, in addition to such other remedies as it may have under applicable law including, but not limited to, specific performance.
Remedies at Law or in Equity. If any representation or warranty made by or on behalf of any party hereto, in this Agreement or in any certificate, report or other instrument delivered under or pursuant to any term hereof shall be untrue or misleading as of the date of this Agreement or as of the Closing Date or as of the date it was made, furnished or delivered, or any covenant made by a party hereto shall be breached by such party, the other party or parties may proceed to protect and enforce its rights by suit in equity or action at law, whether for the specific performance of any term contained in this Agreement, the Certificate of Designation or any other Transaction Document or for an injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, any other Transaction Document or the Certificate of Designation, or to enforce any other legal or equitable right of such party, or to take any one or more of such actions. In the event the Purchaser brings such an action against the Company, or the Company brings an action against the Purchaser arising under this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement or any other Transaction Document including without limitation such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Remedies at Law. Landlord may exercise any rights and remedies provided at law or in equity on account of such Event of Default, other than termination of this Lease or Tenant's right of possession, or other repossession of the Premises or any portion thereof.
Remedies at Law. The Seller Parties acknowledge and agree that (a) the acquisition by the Buyer of the goodwill and confidential information of the Business is a material inducement to the Buyer to acquire the Purchased Assets and Assumed Liabilities and to enter into this Agreement and to enter into the Employment Agreement and consummate the transactions contemplated hereby and thereby, (b) the confidentiality, non‑competition, non‑solicitation, and other restrictive covenants contained in this Agreement and the Restrictive Covenant Agreement are fair, reasonable, and no greater than necessary for the protection of such goodwill and confidential information as well as the NFP Group’s valuable customer, client, employee, contractor and other business relationships, and (c) the Buyer would not have been willing to acquire the Purchased Assets and Assumed Liabilities or enter into this Agreement or enter into the Employment Agreement but for the Seller Parties’ agreement to such confidentiality, non‑competition, non‑solicitation, and other restrictive covenants. Accordingly, the Seller Parties acknowledge and agree that the remedies available to the NFP Group as described in this Section 7.10 and in Section 7.11 hereof are reasonable and appropriate in light of the foregoing. The Seller Parties further agree that in the event of any breach of this Agreement or the Restrictive Covenant Agreement by any of them, the Buyer shall have all of the following remedies at law: (i) the offset of any damages incurred or suffered by the Buyer against any sums owed to the Seller Parties under this Agreement or under the Transition Services Agreement; (ii) commencement of an action for monetary and/or other damages; and/or (iii) any other remedy available at law. For the avoidance of doubt, the Parties agree that the remedies provided in this Agreement are non-exhaustive and shall be in addition to, and not in lieu or limitation of, any injunctive relief, damages, or other rights or remedies to which the applicable member(s) of the NFP Group is or may be entitled at law or in equity under this Agreement or otherwise.
Remedies at Law. In the event the Grantee or the County fails to fulfill any of their respective obligations under this Franchise, the County or the Grantee, whichever the case may be, shall have a breach of contract claim and remedy against the other, in addition to any other remedy provided herein or by law; provided, however, that no remedy that would have the effect of amending the specific provisions of this Franchise shall become effective without such action that would be necessary to formally amend the Franchise.
Remedies at Law. Both parties maintain all remedies at law. However, both parties agree, in good faith, to mediate any disputes prior to seeking any such remedies at law.
