Availability of Relief Sample Clauses

Availability of Relief. A. In the event that the Executive fails to abide by any of the terms of the Agreement, the Company may, in addition to any other remedies it may have, terminate any benefits or payments that are subsequently due under the Agreement, without waiving the release granted herein.
AutoNDA by SimpleDocs
Availability of Relief. In the event that the Executive fails to abide by any of the terms of this Release, including but not limited to Section 2 of this Release, the Company may, in addition to any other legal, monetary or equitable remedies it may have, terminate any portion of the payments that are subsequently due pursuant to Section 1, if any, without waiving the release granted to the Releasees herein.
Availability of Relief. (a) In the event that Executive willfully and materially breaches Section 5, 6 or 7 of this Agreement, the Company may, in addition to any other remedies it may have, terminate any benefits or payments that are subsequently due under this Agreement, without waiving the release granted herein.
Availability of Relief. A. In the event that Executive fails to abide by any of the material terms of this Amendment and Release following notice of such failure by the Company and a reasonable opportunity to cure, the Company may, in addition to any other remedies it may have, terminate any benefits or payments that are subsequently due under this Amendment and Release, without waiving the release granted herein.
Availability of Relief. A. Notwithstanding any other provision of this Agreement, in the event that the Executive receives notice in writing from the Company of any material breach of Section 6 or 9 of this Agreement by the Executive and the Executive cures such breach within ten (10) days of the date he receives such notice, then the Company will continue the benefits or payments that are subsequently due under Sections 4.A, 4.B, 4.C or 4.D of this Agreement; provided, that, the Executive shall not be entitled to such payments or benefits for periods during which he is in material breach of Section 6 or 9 of this Agreement; provided, further, that the Company shall have no further obligation to provide such payments and benefits if the Executive fails to so cure such material breach.
Availability of Relief. A. In the event that Executive fails in any material respect to abide by any of the terms of the Agreement (which failure, if curable, continues after the Company has provided Executive with written notice thereof and a reasonable opportunity to cure), the Company may, in addition to any other remedies it may have, offset any benefits or payments that are subsequently due under the Agreement, without waiving the release granted herein. Notwithstanding the foregoing, the Company may not offset or otherwise withhold any benefits or payments that are subsequently due under Section 3A and/or Section 3B of this Agreement.
Availability of Relief. The Employee acknowledges and agrees that the remedy at law available to the Company for breach of any of his post-termination obligations under this Agreement, including but not limited to his obligations under Sections 4, 5, 6 and 8 of this Agreement, would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Employee acknowledges, consents and agrees that, in addition to any other rights or remedies which the Company may have at law, in equity or under this Agreement, upon adequate proof of his violation of any such provision of this Agreement, the Company shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach, without the necessity of proof of actual damage.
AutoNDA by SimpleDocs
Availability of Relief. The Executive acknowledges and agrees that the remedy at law available to the Corporation for breach of any of his obligations under this Agreement, including but not limited to his obligations under Sections 4, 5, and 6 of this Agreement, would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies which the Corporation may have at law, in equity or under this Agreement, upon adequate proof of his violation of any such provision of this Agreement, the Corporation shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach, without the necessity of proof of actual damage.
Availability of Relief. The Executive acknowledges that a violation by the Executive of any of the covenants contained in Sections 4 or 5 of this Agreement or Section 12 of the Employment Agreement, would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, the Executive agrees that, notwithstanding any provision of this Agreement to the contrary, the Company shall be entitled (without the necessity of showing economic loss or other actual damage) to injunctive relief (including temporary restraining orders, preliminary injunctions and/or permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the covenants set forth in Sections 4 or 5 of this Agreement or Section 12 of the Employment Agreement, in addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under this Agreement or otherwise, and all of the Company's rights shall be unrestricted.
Availability of Relief. A. In the event that Executive fails to abide by any of the material terms of this Separation Agreement following notice of such failure by the Company and a reasonable opportunity to cure, the Company may, in addition to any other remedies it may have, terminate any benefits or payments that are subsequently due under this Separation Agreement, without waiving the release granted herein.
Time is Money Join Law Insider Premium to draft better contracts faster.