Additional Remedy. Compliance with the insurance requirements of the Agreement shall not limit the liability of the, Contractor or its Subcontractors or Sub-subcontractors, employees or agents to the District or others. Any remedy provided to the District or the District’s members, officials, officers or employees by the insurance shall be in addition to and not in lieu of any other remedy available under the Agreement or otherwise.
Additional Remedy. If the Executive breaches any of the provisions of Section 9 or 10 of this Agreement, then the Company, in addition to all other rights and remedies hereunder, may cease making payments to Executive under Sections 7 or 8 of this Agreement, require Executive to repay to the Company any payments previously made under such Sections and obtain an injunction against the Executive from any court having jurisdiction over the matter restraining any further violation of this Agreement by the Executive.
Additional Remedy. If software or confidential information becomes the subject of a claim under this SECTION 8.1(B), or in the indemnitor's opinion is likely to become the subject of such a claim, then, in addition to defending the claim and paying any damages and attorneys' fees as required above in this SECTION 8.1(B), the indemnitor will either (A) replace or modify the software or confidential information to make it noninfringing or cure any claimed misuse of another's trade secret, or (B) procure for the indemnitee the right to continue using the software or confidential information pursuant to this Agreement. Any costs associated with implementing either of the above alternatives will be borne by the indemnitor but will be subject to SECTION 8.2. If neither option is available to the indemnitor through the use of reasonable, diligent efforts, (x) the indemnitee will return such software or confidential information to the indemnitor and (y) if requested by the indemnitee in good faith, the Parties will negotiate, pursuant to ARTICLE VI but subject to SECTION 8.2, to reach a written agreement on what, if any, monetary damages (in addition to the indemnitor's obligation to defend the claim and pay any damages and attorneys' fees as required above in this SECTION 8.1(B) are reasonably owed by the indemnitor to the indemnitee as a result of the indemnitee no longer having use of such software or confidential information.
Additional Remedy. In the event of an arbitrator's determination that Executive has breached any of the covenants contained in this Section 12 during his employment or within one year after termination thereof for any reason, then (1) all of Executive's outstanding stock options shall immediately terminate as of the date of the breach and (2) any gains realized by Executive from exercising all or a portion of any stock options within three months prior to his termination of employment or anytime after his termination of employment, shall be paid by Executive to the Company. The amount of the realized gains shall be the difference between the exercise price and the fair market value of the stock on the day each option is exercised and the Executive agrees to pay immediately said amounts to the Company. The Company shall cooperate with the Executive in filing amended tax returns required as a result of the exercise by the Company of its rights pursuant to this subclause (ii). Executive agrees to pay immediately the unpaid balance to the Company. Executive may be released from his obligations hereunder only if the Board (or its duly appointed agent) determines in its sole discretion that such action is in the best interests of the Company.
Additional Remedy. If a Claim may be or has been asserted, Kaltura may, in its sole discretion, at its expense and to the extent reasonably possible: (i) procure Licensee the right to continue using the Software, Hosted Services, or the Kaltura Marks, as the case may be; or (ii) replace or modify them to eliminate the infringement while providing functionally equivalent performance.
Additional Remedy. In addition to the other remedies herein provided, the City may, in the case of an Event of Default under Section 10.01(c), enter the Special Facilities and Ground Lease Properties (without such entering causing or constituting a termination of this Agreement or an interference with the possession of the Special Facilities and Ground Lease Properties by Lessee) and do all things reasonably necessary to cure such Event of Default, charging to Lessee the reasonable cost and expense thereof and Lessee agrees to pay to City upon demand such charge in addition to all other amounts payable by Lessee hereunder.
Additional Remedy. Compliance with the insurance requirements of this Contract shall not limit the liability of the, vendor/contractor or its Subcontractors or Sub-subcontractors, employees or agents to DCSB or others. Any remedy provided to DCSB or the DCSB’s members, officials, officers or employees by the insurance shall be in addition to and not in lieu of any other remedy available under this Contract or otherwise.
Additional Remedy. If Sabre IP or Customer IP (or Owned Systems or Owned Intellectual Property Rights) becomes the subject of a claim under this SECTION 12.1(c), or in the indemnitor's reasonable opinion is likely to become the subject of such a claim, then, in addition to defending the claim and paying any damages and attorneys' fees as required above, the indemnitor will use commercially reasonable efforts to either (A) replace or modify the Sabre IP or Customer IP (or Owned Systems or Owned Intellectual Property Rights), as applicable, to make it noninfringing or cure any claimed misuse of a Third Party's Trade Secret or (B) procure for the indemnitee the right to continue using the Sabre IP or Customer IP (or Owned Systems or Owned Intellectual Property Rights), as applicable. Any costs associated with either alternative will be borne by the indemnitor. If neither option is available to the indemnitor through the use of commercially reasonable efforts, (X) the indemnitee will return such Sabre IP or Customer IP (or Owned Systems or Owned Intellectual Property Rights), as applicable, to the indemnitor and (Y) if requested by the indemnitee in good faith, the Parties will negotiate, pursuant to SCHEDULE 13, but subject to SECTION 12.2, to reach a written agreement on what, if any, monetary damages (in addition to the indemnitor's obligations under this SECTION 12.1(c)) are reasonably owed by the indemnitor to the indemnitee.
Additional Remedy. Compliance with the insurance requirements of this Agreement shall not limit the liability of the, vendor/contractor or its Subcontractors or Sub-subcontractors, employees or agents to the District or others. Any remedy provided to the School Board of Xxxxx County, Florida, or its members, officials, officers or employees by the insurance shall be in addition to and not in lieu of any other remedy available under this Agreement or otherwise.
Additional Remedy. Receiving Party acknowledges and agrees that in the event of any breach of this Agreement, Disclosing Party may be irreparably and immediately harmed and may not be made whole by monetary damages. Accordingly, it is agreed that, in addition to any other remedy to which it may be entitled at law or in equity, Disclosing Party may be entitled to an injunction or injunctions (without the posting of any bond and without proof of actual damages) to prevent breaches or threatened breaches of this Agreement and/or to compel specific performance of this Agreement.
