VIOLATION AND REMEDY Sample Clauses

VIOLATION AND REMEDY. If the Company reasonably determines that Executive has breached any of the provisions of this Section 5, in addition to any other remedies available to the Company in law or equity, the Company shall be entitled to immediately suspend as of the date of such breach the provision to Executive of any payments or benefits under this Agreement, including without limitation, the Severance Benefit outlined in Section 4 of this Agreement, and any Severance Benefits already paid shall be immediately returned to the Company. In addition, should the Company breach any of its obligations under this Agreement, including without limitation, the Severance Benefit outlined in Section 4, Executive will not be bound by the provisions of Sections 5.02 and 5.03.
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VIOLATION AND REMEDY. If the Company reasonably determines that you have breached any of the provisions of this Section 5, in addition to any other remedies available to the Company in law or equity, the Company shall be entitled to immediately suspend as of the date of such breach the provision to you of any payments or benefits under this Agreement.
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VIOLATION AND REMEDY. If the Company reasonably, after due consideration, determines that the Contractor or the Consultant have breached any of the provisions of clause (a), (b), (c) or (d) of this Section 6, in addition to any other remedies available to the Company in law or equity, the Company will be entitled (i) to immediately suspend as of the date of such breach any payments or benefits under this Agreement and (ii) to declare forfeited the Retention Options granted by the Company to the Contractor, whether or not such Retention Options have vested or been exercised. The parties further agree that upon forfeiture, the Company is entitled to recover, and the Contractor will disgorge to the Company, any profits or proceeds acquired from the Retention Option within the twelve months preceding such forfeiture. The forfeiture and disgorgement provisions will survive the termination of any such agreement and thereafter expire concurrently with the expiration date of the covenants in this Section 6. Prior to the suspension of payment or benefits or the forfeiture of Retention Options, the Company agrees to provide both the Contractor and the Consultant with written notice of the breach and a reasonable explanation therefore, and the Contractor and the Consultant will have an opportunity within 5 days to respond to such. Notwithstanding the foregoing, at the end of such response period the Company reserves the right to enforce the remedies as set forth above in this clause (g).
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VIOLATION AND REMEDY. If the Company reasonably, after due consideration, determines that Consultant has breached or has threatened to breach any of the provisions of paragraphs 7, 8 or 9, in addition to any other remedies available to the Company in law or equity, the Company will be entitled to immediately suspend as of the date of such breach or prospective breach any payments or benefits under this Agreement.
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VIOLATION AND REMEDY. If the Company reasonably determines that you have breached any of the provisions of this Restrictive Covenants section, in addition to any other remedies available to the Company in law or equity, the Company shall be entitled to immediately suspend as of the date of such breach the provision to you of any payments or benefits under this Agreement, including without limitation, the Severance Benefit, or any portion thereof, and any portion of the Severance Benefit already paid shall be immediately returned to the Company. In addition, should the Company breach any of its obligations under this Agreement, including without limitation, the Severance Benefit, you will not be bound by the provisions of sub-sections (b) and (c) if this Restrictive Covenants section."
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Related to VIOLATION AND REMEDY

  • Termination and Remedies 67 11.1. Termination....................................................67 11.2.

  • Indemnification and Remedies 37 13.1 Indemnification......................................................... 37 --------------- 13.2 Cumulative Remedies..................................................... 38 ------------------- 13.3 Equitable Remedies...................................................... 38 ------------------

  • Acceleration and Remedies Upon the acceleration of the obligations under the Credit Agreement pursuant to Section 8.1 thereof, the Obligations and, to the extent provided for under the Rate Management Transactions evidencing the same, the Rate Management Obligations, shall immediately become due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and the Agent may, with the concurrence or at the direction of the Required Secured Parties, exercise any or all of the following rights and remedies:

  • Defaults and Remedies Section 6.01.

  • Waiver and Remedies The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

  • Waivers and Remedies The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach or violation, of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any of the parties hereto to exercise any right or remedy which it may possess hereunder shall not operate nor be construed as a bar to the exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation.

  • Limitation on Remedies No Holder of any of the Securities will have any right to institute any proceeding, judicial or otherwise, or for the appointment of a receiver or trustee or pursue any remedy under this Indenture, unless:

  • Rights and Remedies When an Event of Default occurs and continues Bank may, without notice or demand, do any or all of the following:

  • Default Rights and Remedies If an Event of Default exists, the Agent shall have the following rights and remedies:

  • Judicial Remedies In the event of a breach or threatened breach by the Director of any provision of these restrictions, the Director recognizes the substantial and immediate harm that a breach or threatened breach will impose upon the Bank, and further recognizes that in such event monetary damages may be inadequate to fully protect the Bank. Accordingly, in the event of a breach or threatened breach of these restrictions, the Director consents to the Bank’s entitlement to such ex parte, preliminary, interlocutory, temporary or permanent injunctive, or any other equitable relief, protecting and fully enforcing the Bank’s rights hereunder and preventing the Director from further breaching any of his obligations set forth herein. The Director expressly waives any requirement, based on any statute, rule of procedure, or other source, that the Bank post a bond as a condition of obtaining any of the above-described remedies. Nothing herein shall be construed as prohibiting the Bank from pursuing any other remedies available to the Bank at law or in equity for such breach or threatened breach, including the recovery of damages from the Director. The Director expressly acknowledges and agrees that: (i) the restrictions set forth in Section 5.4 hereof are reasonable, in terms of scope, duration, geographic area, and otherwise, (ii) the protections afforded the Bank in Section 5.4 hereof are necessary to protect its legitimate business interest, (iii) the restrictions set forth in Section 5.4 hereof will not be materially adverse to the Director’s service with the Bank, and (iv) his agreement to observe such restrictions forms a material part of the consideration for this Agreement.

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