Common use of Waiver of Breach; Specific Performance Clause in Contracts

Waiver of Breach; Specific Performance. The waiver by the Company or the Executive of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other breach of such other party. Each of the parties to this Agreement will be entitled to enforce its respective rights under this Agreement and to exercise all other rights existing in its favor. In the event either party takes legal action to enforce any of the terms or provisions of this Agreement, the nonprevailing party shall pay the successful party’s costs and expenses, including but not limited to, attorneys’ fees, incurred in such action.

Appears in 8 contracts

Samples: Form of Separation Benefit Agreement (SiteOne Landscape Supply, Inc.), Separation Benefit Agreement (SiteOne Landscape Supply, Inc.), Separation Benefit Agreement (SiteOne Landscape Supply, Inc.)

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Waiver of Breach; Specific Performance. The waiver by the Company or the Executive of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other breach of such any other party. Each of the parties to this Agreement will be entitled to enforce its respective rights under this Agreement and to exercise all other rights existing in its favor. In the event either party takes legal action to enforce any of the terms or provisions of this Agreement, the nonprevailing party shall pay the successful party’s costs and expenses, including but not limited to, attorneys’ fees, incurred in such action.

Appears in 4 contracts

Samples: Employment Agreement (Agilon Health, Inc.), Employment Agreement (Agilon Health, Inc.), Employment Agreement (Agilon Health, Inc.)

Waiver of Breach; Specific Performance. The waiver by the Company or the Executive of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other breach of such other party. Each of the parties (and third party beneficiaries) to this Agreement will be entitled to enforce its respective rights under this breach of any provision of this Agreement and to exercise all other rights existing in its favor. In the event either party takes legal action to enforce any of the terms or provisions of this Agreement, the nonprevailing party shall pay the successful party’s costs and expenses, including but not limited to, attorneys’ fees, incurred in such action.

Appears in 1 contract

Samples: Senior Advisor Agreement (Devry Inc)

Waiver of Breach; Specific Performance. The waiver by the Company or the Executive of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other breach of such other party. Each of the parties to this Agreement will be entitled to enforce its respective rights under this Agreement and to exercise all other rights existing in its favor. In the event either party takes legal action to enforce any of the terms or provisions of this Agreement, the nonprevailing party shall pay the successful party’s 's costs and expenses, including but not limited to, attorneys' fees, incurred in such action.

Appears in 1 contract

Samples: Separation Benefit Agreement (SiteOne Landscape Supply, Inc.)

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Waiver of Breach; Specific Performance. The waiver by the Company Company, Parent or the Executive of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other breach of such other any party. Each of the parties to this Agreement will be entitled to enforce its respective rights under this Agreement and to exercise all other rights existing in its favor. In the event either party takes legal action to enforce any of the terms or provisions of this Agreement, the nonprevailing party shall pay the successful party’s costs and expenses, including but not limited to, attorneys’ fees, incurred in such action.

Appears in 1 contract

Samples: Employment Agreement (Agilon Health, Inc.)

Waiver of Breach; Specific Performance. The waiver by the Company Company, Parent or the Executive of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other breach of such any other party. Each of the parties to this Agreement will be entitled to enforce its respective rights under this Agreement and to exercise all other rights existing in its favor. In the event either party takes legal action to enforce any of the terms or provisions of this Agreement, the nonprevailing party shall pay the successful party’s costs and expenses, including but not limited to, attorneys’ fees, incurred in such action.

Appears in 1 contract

Samples: Employment Agreement (Agilon Health, Inc.)

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