Remedies for Breach of Agreement. Executive acknowledges that Executive’s breach of any promise or covenant contained in Section 6 will result in irreparable injury to Company and that Company’s remedies at law for such a breach will be inadequate. Accordingly, Executive agrees and consents that Company, in addition to all other remedies available at law and in equity, shall be entitled to both preliminary and permanent injunctions to prevent and/or halt a breach or threatened breach by Executive of any such promise or covenant, and Executive waives the requirement of the posting of any bond in connection with such injunctive relief. Executive further acknowledges and agrees that the promises and covenants contained in Section 6 are enforceable, reasonable, and valid.
Remedies for Breach of Agreement. In the event of the breach or threatened breach of any provision of the Agreement by either party, the other party shall be entitled to injunctive relief, both preliminary and final, enjoining and restraining such breach or threatened breach. Such remedies shall be in addition to all other remedies available at law or in equity, including the Company's right to recover from the Executive any and all damages that may be sustained as a result of Executive's breach of the Agreement.
Remedies for Breach of Agreement. 33. The parties to this Agreement recognize that irreparable harm could result from any breach of those provisions of this Agreement set forth in paragraphs 28 through 31 under the heading “Restrictive Covenants” and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, in addition to any other remedy which may be available to ParkerVision, if Executive breaches a restrictive covenant in this Agreement, the parties acknowledge that injunctive relief in favor of ParkerVision is proper. Additionally, if Executive breaches any restrictive covenant in this Agreement, he forfeits his right to any compensation described in paragraphs 14 and 30 above payable while Executive is breaching such covenant or after any such breach has occurred.
Remedies for Breach of Agreement. In addition to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may:
Remedies for Breach of Agreement. In addition to other rights and remedies that Lender may have, upon discovery by either Mortgage Broker or Lender of any breach of any representation, warranty or covenant of this Agreement, the party discovering the breach shall promptly notify the other. Within thirty (30) days after discovery by or notice to Mortgage Broker of any breach, Mortgage Broker shall promptly cure such breach to the reasonable satisfaction of Lender. Notwithstanding the cure period set forth above, in the event of a breach of representation, or warranty, or covenant of this Agreement which in the reasonable judgment of Lender cannot be cured within such thirty (30) day time period, or if Lender is required to repurchase a Loan sold to an investor due to a deficiency in or omission with respect to such loan which is attributable to Mortgage Broker then Mortgage Broker shall purchase such loan for the “Repurchase Price”. The Repurchase Price shall be an amount equal to the sum of (a) the current unpaid principal balance of the Loan at the time of repurchase (or at the time of the foreclosure sale date if the related loan has been foreclosed), (b) accrued but unpaid interest on such principal balance at the Note rate from the paid-to date of the Loan through and including the last day of the month in which the Repurchase Price is paid, (c) all costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by Lender as a result of Mortgage Broker’s breach of this Agreement or enforcing the terms of this Agreement or Mortgage Broker’s obligation to repurchase the Loan, (d) any premium paid by Lender in excess of the principal balance of the Loan at the time of purchase (excluding the service release premium) if Lender has not sold the Loan at the time of Mortgage Broker’s repurchase or if Lender has sold the Loan and it is required to reimburse the purchaser, the premium that the purchaser paid to Lender, (e) any unreimbursed advances made by Lender, including without limitation taxes or insurance or payments authorized by the Note or the mortgage or applicable law to protect Lender’s interest in the Loan or related property and (f) any other fees, costs or amounts relating thereto. The Repurchase Price shall be reduced by (a) any proceeds of mortgage insurance collected by Lender with respect to the Loan that have not been applied to the unpaid principal balance; and (b) if the Loan has been foreclosed and the property has been sold to a third ...
Remedies for Breach of Agreement. 13.1 [SUBMITTER] and the MDEQ recognize and agree that this Agreement is a legally enforceable contract as required by Section 20114d of the NREPA and may be enforced in a court of competent jurisdiction. For that purpose, [SUBMITTER] consents to the jurisdiction of the Xxxxxx County Circuit Court in any action by the State of Michigan to enforce this Agreement. [SUBMITTER] also recognizes and understands that the MDEQ remedies if [SUBMITTER] breaches the terms and conditions of this Agreement may include other statutory or common law remedies subject to the rights or defenses available to [SUBMITTER] under applicable law.
Remedies for Breach of Agreement. Contractor recognizes that if he or she violates any portion of this Agreement, irreparable damage will result to the Company that could not be remedied by monetary damages. As a result, Contractor hereby agrees that in the event of any breach by him of any portion of this Agreement, or in the event of apparent danger of such breach, the Company shall be entitled, in addition to any other legal or equitable remedies available to it, to an injunction to restrain such breach, without the necessity of posting a bond or complying with any similar requirement.
Remedies for Breach of Agreement. Executive acknowledges that the Employer and the other Released Parties would suffer irreparable harm as a result of any disparagement (described in paragraph 6), unauthorized disclosure, or use of Employer Confidential Information (described in paragraph 11 and the Confidentiality Agreement), and that monetary damages would be insufficient to compensate the Employer for such harm. Therefore, if Executive is in breach of his obligations or any provision of this Agreement, the Employer and any other affected Released Party is entitled to seek an injunction or temporary restraining order, without notice to Executive, restraining any unauthorized disclosure or use of the Employer’s Confidential Information in addition to any other available remedy, including damages. In any such action, if the Employer prevails, Executive agrees to reimburse the prevailing party(ies) for its/their costs and reasonable attorneys’ fees incurred in connection with taking the legal action. Further, Executive acknowledges that any breach of the foregoing would cause damage to the Employer that would be difficult if not impossible to establish and, thus, Executive agrees that he will pay to the Employer as liquidated damages, and not as a penalty, the amount equal to the Separation Consideration paid to Executive, and he expressly waives the right to any further Separation Consideration obligations expressly stated in this Agreement. In the event that Executive sues or otherwise institutes, initiates, or participates in any legal proceedings against the Employer or any Released Party for any claim or matter released hereby in violation of this Agreement, (a) the Employer will be relieved of its obligation to pay any Separation Consideration provided for in this Agreement, (b) the Employer will be entitled to recover from Executive all Separation Consideration previously paid to Executive, in addition to all other lawful remedies, and (c) all other provisions of this Agreement will remain in full force and effect.
Remedies for Breach of Agreement. In the event of an uncured default under this Agreement, the sole remedy of the nondefaulting Party shall be to terminate this Agreement. Following such termination, no Party shall have any further rights, remedies or obligations under this Agreement. No Party shall have any liability to the other for monetary damages or specific performance for the breach of this Agreement, or failure to reach agreement on a Definitive Agreement, and each Party hereby waives and releases any such rights or claims it may otherwise have at law or at equity. Furthermore, the Developer, and each of Bridge and Xxxxxxx, knowingly agrees that it shall have no right to specific performance for conveyance of, nor to claim any right of title or interest in or to, the Project Site or any portion thereof.
Remedies for Breach of Agreement. The sole remedy of Owner for breach of this Agreement by Construction Manager (without limiting any claims that may be made by Owner against any insurance policies required to be maintained by Construction Manager pursuant to Article VIII) shall be the recovery of any actual direct damages suffered by Owner that are caused by such breach; provided that, notwithstanding the foregoing, Owner may, subject to Section 15.9, recover its actual damages without such limitation and seek any other remedy available at law or equity: (a) in the event such breach is caused by the gross negligence, willful misconduct, or violation of Law on the part of Construction Manager or its Designee; or (b) the breach of Sections 2.4, 4.1(b), 4.2, 5.4(c), 6.2, or 7.5 by Construction Manager or its Designee.
