No Adequate Remedy definition

No Adequate Remedy. The Consultant understands that if the Consultant fails to fulfill the Consultant's obligations under this Agreement, the damages to the Company would be very difficult to determine. Therefore, in addition to any other rights or remedies available to the Company at law, in equity, or by statute, the Consultant hereby consents to the specific enforcement of this Agreement by the Company through an injunction or restraining order issued by an appropriate court.
Sample 1

Examples of No Adequate Remedy in a sentence

  • If the deadline passes without the defects having been eliminated, SUSS may choose either to continue requesting the Contractor to eliminate the defects or to reject further efforts by the Contractor and then shall have the right to eliminate the defects on its own or have them eliminated at the Contractor's expense.

  • There Is No Adequate Remedy at Law and Plaintiffs are Likely to Suffer Irreparable Harm in the Absence of Preliminary Relief 37D.

  • Because Smartflash’s only recourse for this behavior is to file serial lawsuits, and those lawsuits cannot fully compensate Smartflash for the injury that Apple is causing, this factor weighs heavily in favor of injunctive relief.2. Smartflash Has No Adequate Remedy at Law.

  • For all of these reasons, laches does not apply.2. The City Will Suffer Irreparable Harm and Has No Adequate Remedy at Law.

  • Exela has no excuse for its evasive tactics and steadfast refusal to pay Plaintiffs what they are owed.Plaintiffs Have No Adequate Remedy at LawFinally, Plaintiffs have no adequate remedy at law.

  • Plaintiffs Will Suffer Irreparable Harm If the Court Does Not Grant a Preliminary Injunction, and There Is No Adequate Remedy at Law.

  • HES Has No Adequate Remedy At Law and Has Shown Irreparable Harm As discussed above in Section I(C), no remedy at law, monetary or otherwise, could result in: (1) redemption of Retterath’s Units; (2) retirement of Retterath’s Board appointment powers; and (3) removal of Retterath as Member and Director of HES.

  • Irreparable Harm and No Adequate Remedy at LawThese elements are established where a plaintiff shows that it will suffer, without injunctive relief, “…harm that cannot be prevented or fully rectified by the final judgment after trial.” Roland Mach.

  • Board of Equalization of California, 493 U.S. 378, 392 (1990), and thus constitutes an impermissible endorsement of religion.Thus, plaintiffs have more than a reasonable likelihood of successfully showing that the media and religious exemptions are unconstitutional.B. The Plaintiffs Have No Adequate Remedy at Law.Plaintiffs lack an adequate remedy at law.

  • Appellees Possess No Adequate Remedy And WillSuffer Irreparable Harm Without A Temporary Injunction..

Related to No Adequate Remedy

  • Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Breach means the acquisition, Access, Use or Disclosure of Protected Health Information (PHI) which compromises the Security or privacy of the PHI, except as excluded in the definition of Breach in 45 CFR § 164.402.

  • Express Waiver I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS. Signature Date

  • Breach of the security of the system means unauthorized acquisition or acquisition without valid authorization of physical or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Remedy a Violation means to bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Legitimate law enforcement purpose means a goal within the lawful authority of an officer that is to be achieved through methods or conduct condoned by the officer’s appointing authority.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Adequate means that which is needed to accomplish the intended purpose in keeping with good public health practice.

  • Express warranty means an express warranty as set forth in sections 4-2-313 and 4-2.5-210, C.R.S. An express warranty shall cover every part of a new facilitative device.

  • Harm means ill-treatment or the impairment of health or development, including for example, impairment suffered from seeing or hearing the ill-treatment of another;

  • Breach of Security means the occurrence of unauthorised access to or use of the Premises, the Services, the Contractor system or any ICT or data (including the Authority’s Data) used by the Authority or the Contractor in connection with this Contract.

  • Injury/Injured means a bodily injury caused by an accident occurring while the Insured’s coverage under this Policy is in force and resulting directly and independently of all other causes of Loss covered by this Policy. The injury must be verified by a Physician.

  • the other party means, with respect to the Company, Parent and means, with respect to Parent, the Company.

  • Adequate Country means a country or territory that is recognized under EU Data Protection Laws as providing adequate protection for Personal Data;

  • Repeat violation means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two years or a notice of civil violation has been issued

  • Permitted Remedies means, with respect to any securities, one or more of the following remedies:

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

  • Material Damage and "Materially Damaged" means damage which, in Seller's reasonable estimation, exceeds $200,000.00 to repair or which, in Seller's reasonable estimation, will take longer than ninety (90) days to repair.