Breach; Attorneys’ Fees. In the event it fails to perform any of its obligations under this Agreement, Company shall reimburse University for all University’s costs and expenses (including reasonable attorneys’ fees, court costs, and costs of investigation) to enforce this Agreement, regardless of whether a suit or action had been commenced or concluded.
Breach; Attorneys’ Fees. You acknowledge and agree that any material breach of this Agreement, unless such breach constitutes a legal action by you challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, or its exhibits shall entitle the Company immediately to recover and/or cease providing the consideration provided to you under this Agreement and to obtain damages and injunctive relief, except as provided by law, provided, however, that the Company shall not recover Fifty Dollars ($50.00) of the consideration already paid pursuant to this Agreement and such amount shall serve as full and complete consideration for the promises and obligations assumed by you under this Agreement and its exhibits. In addition, except with regard to a legal action challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, in the event that either party brings an action to enforce or effect its rights under this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including the costs of mediation, arbitration, litigation, court fees, and reasonable attorneys’ fees incurred in connection with such an action.
Breach; Attorneys’ Fees. In the event Consultant or any affiliate breaches this Agreement or the Separation Agreement and Release, the Corporation will be entitled to recover or withhold any payment and/or other benefits paid or payable under this Agreement or the Separation Agreement and Release and to obtain all other relief provided by law or equity. The prevailing party in any litigation resulting from any such claim shall be entitled to recover reasonable attorneys' fees and expenses of litigation from the losing party.
Breach; Attorneys’ Fees. In the event it fails to perform any of its obligations under this Agreement, Affiliate shall reimburse University of Minnesota for all University of Minnesota’s costs and expenses (including reasonable attorneys’ fees, court costs, and costs of investigation) to enforce this Agreement, regardless of whether a suit or action had been commenced or concluded.
Breach; Attorneys’ Fees. In the event of any failure by any of Spur or any Spur Tenant to fully perform in accordance with this Agreement, the Company, at its option, and without relieving any of Spur or any Spur Tenant of its obligations hereunder, may so perform, but all costs and expenses so incurred by the Company in that event shall be reimbursed by Spur and the applicable Spur Tenant to the Company, together with interest on the same from the date any such expense was paid by the Company until reimbursed by Spur and the applicable Spur Tenant, at the rate of interest provided to be paid on judgments by the law of the State of Delaware. If the Company is required to xxx any of Spur or any Spur Tenant to enforce its rights to indemnification hereunder, it is agreed that the Company shall be entitled, in addition to the amount to which it is entitled hereunder (and only in cases where it is entitled to an amount hereunder), to reimbursement for the reasonable legal fees, court costs and fees of experts incurred by it in prosecuting such suit.
Breach; Attorneys’ Fees. Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA shall entitle the Company immediately to recover and/or cease providing the consideration provided to Employee under this Agreement and to obtain damages and injunctive relief. The parties will bear their own costs and expenses, including the costs of mediation, arbitration, litigation, court fees, and reasonable attorneys’ fees incurred in connection with any action brought to enforce or effect rights under this Agreement.
Breach; Attorneys’ Fees. You understand and agree that, if you materially breach this Agreement, you will forfeit all Severance Benefits owing under this Agreement; and that your obligations under this Agreement will remain in full force and effect. If any action is brought to enforce the terms of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees, costs and expenses from the other party, in addition to any other relief to which the prevailing party may be entitled.
Breach; Attorneys’ Fees. In the event of any failure by any of Cactus or any Cactus Tenant to fully perform in accordance with this Agreement, the Company, at its option, and without relieving any of Cactus or any Cactus Tenant of its obligations hereunder, may so perform, but all costs and expenses so incurred by the Company in that event shall be reimbursed by Cactus and the applicable Cactus Tenant to the Company, together with interest on the same from the date any such expense was paid by the Company until reimbursed by Cactus and the applicable Cactus Tenant, at the rate of interest provided to be paid on judgments by the law of the State of Delaware. If the Company is required to xxx any of Cactus or any Cactus Tenant to enforce its rights to indemnification hereunder, it is agreed that the Company shall be entitled, in addition to the amount to which it is entitled hereunder (and only in cases where it is entitled to an amount hereunder), to reimbursement for the reasonable legal fees, court costs and fees of experts incurred by it in prosecuting such suit.
Breach; Attorneys’ Fees. If you materially breach your obligations under this Agreement, then, in addition to any of the Company’s other rights and remedies at law or in equity, the Company shall have the right to cease providing the severance payment and/or require you to return, upon written demand, 90% of the severance payment that you may already have received, but all of the other terms of this Agreement will remain in effect. The exercise of your preserved rights under section 13 (including, without limitation, a challenge to the validity of the ADEA wavier) will, in no event, be considered a breach of your obligations under this Agreement. Further, except in the case of a legal action by you challenging or seeking a determination in good faith of the validity of the ADEA waiver, if either party to this agreement brings an action to enforce its rights under this Agreement, the prevailing party will be entitled to recover its costs and expenses, including the costs of mediation, arbitration, litigation, court fees, and reasonable attorneys’ fees incurred in connection with such action. You and the Company hereby waive our respective rights to trial by jury in any action concerning this agreement or any and all matters arising directly or indirectly out of this Agreement. You represent that you have consulted with counsel of your choice or have chosen voluntarily not to do so specifically with respect to this jury trial waiver.
Breach; Attorneys’ Fees. In the event it fails to perform any of its obligations under this Agreement, Client shall reimburse System Impact for all System Impact’s costs and expenses (including reasonable attorneys’ fees, court costs, and costs of investigation) to enforce this Agreement, regardless of whether a suit or action has been commenced or concluded. System Impact’s Proprietary Rights Client shall take all steps reasonable to protect System Impact’s ownership rights in the Content. Client and any of its users shall not: ● Remove any branding and copyright notices ● Alter or otherwise modify the Content ● Create derivative works based in whole or in part on the Content ● Resell or other distribute or allow unauthorized access to the Content ● Permit use of Content materials by anyone other than authorized users. Client assumes all responsibility and liability for use of the Content by its authorized users and warrants that the authorized users will comply with the terms of this Agreement. In witness whereof, the parties have entered into the Agreement as of the dates indicated below. Each individual signing below represents that they have the authority to bind the party on whose behalf they are signing. System Impact Consulting Xxxxx Xxxxx, PhD Date President Xxxxxxx Unified School District Name Date
