Right to Damages. If this Agreement is terminated pursuant to Section 8.2, neither party hereto shall have any claim against the other except as set forth in Section 8.4 or, if the circumstances giving rise to such termination were caused by the other party's willful failure to comply with a material covenant set forth herein, such termination shall not be deemed or construed as limiting or denying any legal or equitable right or remedy of said party.
Right to Damages. If the employer breaches the provisions of this article, then he can be liable for damages.
Right to Damages. If this Agreement is terminated pursuant to Sections 8.3 or 8.4, neither party hereto shall have any claim against the other except if the circumstances giving rise to such termination were caused by either (a) the other party's material breach of Article IV; or (b) a party's representations and warranties contained in Articles II or III are incorrect when made such that the incorrect representation and warranty would have a Material Adverse Effect with respect to such party, in which event termination shall not be deemed or construed as limiting or denying any legal or equitable right or remedy of said party, and said party shall be entitled to recover, without limitation, its costs and expenses which are incurred in pursuing its rights and remedies (including reasonable attorneys' fees).
Right to Damages. Xxxxx recognizes and agrees that in the event of any breach, threatened breach or default under this Agreement by Xxxxx, HouseValues may suffer irreparable injury and damages and have no adequate remedy at law. In the event of any threatened or actual breach or default, HouseValues shall be entitled to injunctive relief, specific performance and other equitable relief. The rights and remedies of HouseValues under this section are in addition to, and not in lieu of, any other right or remedy afforded to HouseValues under any other provision of this Agreement, by law, or otherwise. Any party’s failure to enforce this Agreement in the event of one or more events that violate this Agreement shall not constitute a waiver of any right to enforce this Agreement against subsequent violations.
Right to Damages. If Purchaser terminates this Agreement pursuant to Section 9.2, Purchaser shall have no damages claim against Seller except if the circumstances giving rise to such termination were caused either by Seller’s material breach of Seller’s obligations under Article III or Sections 5.1 and 5.3, or by any of Seller’s representations and warranties contained in Section 2.3 being in a material respect incorrect when made, in which event termination shall not be deemed or construed as limiting or denying any legal or equitable right or remedy of Purchaser against Seller, and Purchaser shall be entitled to recover, without limitation, its costs and expenses which are incurred in pursuing its rights and remedies (including reasonable attorneys’ fees).
Right to Damages. If this Agreement is terminated pursuant to Section 11.1 hereof, neither party hereto shall have any claim against the other except if the circumstances giving rise to such termination were caused by the other party's willful failure to comply with a material covenant set forth herein, in which event termination shall not be deemed or construed as limiting or denying any legal or equitable right or remedy of said party, and said party shall be entitled to recover its costs and expenses which are incurred in pursuing its rights and remedies (including reasonable attorneys' fees).
Right to Damages. Any termination of this Agreement shall be without prejudice to any other rights or remedies which have accrued to either Party as of the date of termination in respect of the breach concerned (if any) or any other breach. Each Party reserves the right to bring a claim for damages against the other Party in respect of a breach by such other Party of this Agreement. EXCEPT IN CASES OF WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, IN NO EVENT WILL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR MULTIPLE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE EXERCISE OF RIGHTS HEREUNDER.
Right to Damages. If this Agreement is terminated pursuant to Section 11.2 or 11.4(b), neither party hereto shall have any claim against the other except if the circumstances giving rise to such termination were caused by the other party's breach of representation or warranty or failure to comply with a covenant or obligation set forth herein, in which event termination pursuant to Section 11.2 or 11.4(b) shall not be deemed or construed as limiting or denying any legal or equitable right or remedy of said non-breaching party, and said non-breaching party shall also be entitled to recover its actual costs and expenses which are incurred in pursuing its rights and remedies (including reasonable attorneys' fees).
Right to Damages. If this Agreement is terminated under Section 12.1, no party to this Agreement shall have any liability to the other parties to this Agreement; provided, that no such termination shall relieve any party that has breached any provision of this Agreement before such termination from liability for such breach, and any such breaching party shall remain fully liable for any and all Losses incurred or suffered by the other parties to this Agreement as a result of such breach. The provisions of this Section and Sections 9.2 and 11.10 shall remain in full force and effect following any termination of this Agreement under Section 12.1, and each party to this Agreement shall remain fully liable to the others for any and all Losses incurred or suffered by the other parties as a result of a breach of any such provisions that survive such termination.
Right to Damages. If this Agreement is terminated, no party hereto shall have any liability or obligation to the other; provided, however, that each party shall remain liable for (a) any breach of any of the party's representations, warranties and covenants contained in this Agreement, and (b) any willful failure by the party to perform any of its or their 28 obligations or agreements contained in this Agreement. If Seller and/or Shareholder fails to perform pursuant to this Agreement then they shall be jointly and severally liable for all of Buyer's out-of-pocket costs and expenses which were incurred in connection with the negotiations, due diligence reviews, and preparation of this Agreement, and all of the other documents related to this transaction, and those costs and expenses which are incurred by Buyer in pursuing such rights and remedies (including reasonable attorneys' fees).
