Breaches and Remedies. Executive acknowledges and agrees that in the event that Executive violates the undertakings set forth in Section 4 or 5 hereof, other than in an immaterial fashion, in addition to any other rights or remedies to which it may be entitled under law or this Agreement, the Company shall, except as prohibited by applicable law, cease making any severance or other payments hereunder and shall be entitled to enforce the provisions of Section 4 or 5 by injunction or other equitable relief, without having to prove irreparable harm or inadequacy of money damages.
Breaches and Remedies. Except as otherwise provided herein, any --------------------- and all remedies herein expressly conferred upon a Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such Party, and the exercise by a Party of any one remedy will not preclude the exercise of any other remedy.
Breaches and Remedies. 9.1 The provisions of the Contracts (Remedies for Breach of Contractor) Law 5731–1970 and the provisions of the Contracts (General Part) Law 5733– 1973 shall apply to this Lease.
Breaches and Remedies. In the event of a breach or a threatened breach by the Executive of this Agreement, the Company shall be entitled to a temporary restraining order and injunctive relief restraining the Executive from the commission of any breach, and (if the Company obtains such relief) to recover the Company’s attorneys’ fees, costs and expenses related to the breach. Nothing contained in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available to it for any breach or threatened breach, including, without limitation, the recovery of money damages, attorneys’ fees, and costs. The Executive and the Company shall construe each of the restrictions in this Agreement as independent of any other provisions in this Agreement, and the existence of any claim or cause of action, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement of this Agreement. The Executive acknowledges and agrees that in the event that the Executive violates Section 4 or Section 5 hereof, in addition to any other rights or remedies to which it may be entitled under law or this Agreement, the Company shall, except as prohibited by applicable law, cease making any severance or other payments hereunder, shall be entitled to reimbursement from the Executive for any and all severance payments previously made to the Executive under this Agreement during the period of such violation and shall be entitled to enforce the provisions of Section 4 or Section 5 by injunction or other equitable relief, without having to prove irreparable harm or inadequacy of money damages.
Breaches and Remedies. 25.1. The provisions of the Contracts Law (Remedies for Breach of Contract), 5731-1970 shall apply to breach of this Agreement, unless otherwise stated expressly herein.
Breaches and Remedies a. The Contracts (Remedies by reason of Breach of Contract) Law, 5731-1970, will apply to a breach of this Contract by either of the parties. /s/ L.S.
Breaches and Remedies. The Agreement will provide for adequate protections and remedies for the Parties against breach of the Agreement by any other party, with the termination of the Agreement being a remedy of last resort in the case of a major default. 16. Contract Termination or Expiry • If the Agreement expires or is terminated, following such termination or expiry: o The City will have no continuing payment obligations for the operations or maintenance of Line 6 Xxxxx West, and all rights and obligations under the Agreement will cease, including rights to the farebox revenue and non-farebox revenue; and o The TTC will have no ongoing operation or maintenance obligations for Line 6 Xxxxx West, except where mutually agreed by the Parties and where new or amended terms are negotiated. • Termination rights of the Parties under the Agreement will ensure that any termination will result in minimal disruption to operations and maintenance of Line 6 Xxxxx West and that Line 6 Xxxxx West transit will continue to be provided at ordinary Service Levels. 17. Fare Revenue • Per the AIP, the City and the TTC will receive farebox revenue in order to recover all or a portion of the costs of operating Line 6 Xxxxx West.
Breaches and Remedies. 14.1 The occurrence of any of the following will be deemed to be a fundamental breach of the Agreement:
Breaches and Remedies. If the State Recipient breaches the requirements of this Agreement or the applicable HOME Regulations DCA shall inform the State Recipient of the actions the State Recipient must take to correct the breach. DCA, at its sole discretion, may set the time period within which State Recipient shall cure the breach. Upon any material breach of this Agreement or the State Recipient’s failure to cure any other breach, DCA, at its sole discretion, may take any or all of the following actions: (1) immediately terminate or suspend this Agreement in accordance with 24 CFR 85.43; (2) disallow any further disbursement of CHIP funds; (3) require the State Recipient to repay to DCA all or any portion of the CHIP funds; (4) require the State Recipient to turn over all pertinent records and information relating to the State Recipient’s Program; (5) select another administrator to oversee the operation of the State Recipient’s Program; and (6) take any and all action in law, equity or otherwise which it deems necessary or advisable. The rights and remedies of DCA shall be cumulative. Any election of a right or remedy will not be deemed to be an election of that right or remedy to the exclusion of any other right or remedy. The rights and remedies available to DCA in the event of a suspension or termination of this Agreement will survive such suspension or termination. The State Recipient agrees to avoid conflicts of interest in accordance with DCA policy, State law, provisions outlined in 24 CFR 85.36 and 24 CFR 84.42, 24 CFR 92.356, and must follow instructions provided in the Procurement Policy Standards of the CHIP Administrative Manual and other written guidance provided by DCA. Further, State Recipient warrants and represents that no member, employee, officer, agent, consultant, or official of State Recipient, nor any member of their immediate family or business associates, during their tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or any proceeds or benefits arising there from. State Recipient has certified in its application to DCA that no such conflict exists and said certification is a covenant and warranty of this Agreement. State Recipient shall also require each Eligible Borrower to certify that no such conflict exists.
Breaches and Remedies. The Agreement will provide for adequate protections and remedies for the Parties against breach of the Agreement by any other party, with termination of the Agreement being a remedy of last resort in the case of a major default. 16. Contract Termination or Expiry • If the Agreement expires or is terminated, following such termination or expiry: o the City will have no continuing funding obligations for the operations or maintenance of Line 5 - Eglinton, and all rights and obligations under the Agreement will cease, including rights to the farebox revenue and non- farebox revenue; and o the TTC will have no ongoing operation or maintenance obligations for Line 5 - Eglinton, except where mutually agreed by the Parties and where new or amended terms are negotiated. • Termination rights of the Parties under the Agreement will ensure that any termination will result in minimal disruption to operations and maintenance of Line 5 - Eglinton and that Line 5 - Eglinton transit will continue to be provided at ordinary service levels. 17. Fare Revenue • Per the AIP, the City and TTC will receive farebox revenue in order to recover all or a portion of the costs of operating the ECLRT. 18. Non-Fare Revenue • Per the AIP, the City and TTC will retain farebox revenue and non-farebox revenue for the ECLRT during the Term, in order to recover all or a portion of the costs of operating the ECLRT. • The Agreement will establish the terms upon which the City and TTC will generate non-farebox revenue opportunities during the term of the Agreement. Non-farebox revenue will include such opportunities as, but not limited to: o Advertising on stations, trains, stops and platforms o Wi-Fi o Retail in dedicated locations as included in the project scope o Vending spaces • For clarity, non-farebox revenue does not include disposition or development of real property owned by Metrolinx, including any revenue derived from Transit Oriented Communities development (TOC). • Metrolinx will make available to the City and TTC, all existing contracts related to non-farebox revenue, and all applicable components of the ECLRT for the purposes of generating non- farebox revenue during the term of the Agreement, including rights to sub-license and/or sub-lease as applicable. • The introduction of any non-farebox revenue generating opportunity will require review and approval by Metrolinx as the asset owner, through a streamlined process, which approval will not be unreasonably withheld. 19. Station...
