REMEDIES FOR BREACHES. OF THIS AGREEMENT
REMEDIES FOR BREACHES of This Agreement. ---------------------------------------
REMEDIES FOR BREACHES. The Officer understands and agrees that a breach by him of the covenants contained in Sections 5(a) or 5(b) will be deemed a material breach of this Agreement and will cause irreparable injury to the Bank, and that it would be difficult to ascertain the amount of monetary damages that would result from any such breach. In the event of the Officer's actual or threatened breach of the covenants contained in Paragraphs 5(a) or 5(b), the Bank shall be entitled to bring a civil action seeking an injunction restraining the Officer from breaching or continuing to breach those covenants or from any threatened breach thereof, or any other legal or equitable relief relating to the breach of such covenants. The Officer agrees that, if the Bank institutes any action or proceeding against him seeking to enforce any of such covenants or to recover other relief relating to an actual or threatened breach of any of such covenants, he shall be deemed to have waived any claim or defense that the Bank has an adequate remedy at law and shall not urge in any such action or proceeding the claim or defense that such a remedy at law exists. The exercise by the Bank of any such right, remedy, power or privilege, however, shall not preclude the Bank from pursuing any other remedy or exercising any other right, power or privilege available to it for any such breach, whether at law or in equity, including the recovery of damages, all of which shall be cumulative and in addition to all other rights, remedies, powers or privileges of the Bank. Notwithstanding anything contained to the contrary, the Officer agrees that the provisions of Sections 5(a) and 5(b) and the remedies provided in this Section 5(c) for a breach shall be in addition to, and shall not be deemed to supersede or to otherwise restrict, limit or impair, the rights of the Bank under the Trade Secrets Protection Act contained in Article 24, Chapter 66 of the North Carolina General Statutes, or any other state or federal law or regulation dealing with or providing a remedy for this wrongful disclosure, misuse or misappropriation of trade secrets or other proprietary or confidential information.
REMEDIES FOR BREACHES. OF THIS AGREEMENT 19 7.1 Survival of Representations and Warranties. 19 7.2 Indemnification Provisions for Benefit of KCS. 19 7.3 Indemnification Provisions for Benefit of GTMM and TFM. 19 7.4 Determination of Adverse Consequences. 20 7.5 Specific Performance. 20 ARTICLE VIII. TERMINATION 20 8.1 Termination of Agreement. 20 8.2 Effect of Termination. 20 ARTICLE IX. 21
REMEDIES FOR BREACHES. In addition to any and all remedies provided herein and by applicable law, the User agrees that a suspected or perceived breach of the whole Section 9 could cause irreparable harm to the Disclosing Party and the Receiving Party accordingly agrees that the Disclosing Party is entitled to all legal and equitable relief, including but not limited to injunctive relief.
REMEDIES FOR BREACHES. Without prejudice to the rights and remedies available to Client in accordance with applicable law, in the event of any defective performance from the Supplier or failure to furnish the agreed level of service, the Supplier will use reasonable commercial efforts to restore the service to a good operating condition on an urgent basis at no additional cost to the Client.
REMEDIES FOR BREACHES. OF THIS AGREEMENT.......................................... 27 (a) Survival of Representations and Warranties............................... 27 (b) Indemnification Provisions for Benefit of the Buyer...................... 27 (c) Indemnification Provisions for Benefit of the Sellers.................... 28 (d) Matters Involving Third Parties.......................................... 29 (e) Limitations.............................................................. 30 (f) Determination of Adverse Consequences.................................... 30 (g)
REMEDIES FOR BREACHES. OF THIS AGREEMENT AND OTHER MATTERS 35 6.1 Survival of Representations and Warranties 35 6.2 Indemnification of Buyer 35 6.3 Indemnification Provisions for Benefit of the Company and the Seller Members 37 6.4 Matters Involving Third Parties 39 6.5 Manner of Payment 40 6.6 Exclusive Remedy 40 6.7 Materiality Qualifiers 41 6.8 Release of Holdback Fund 41 ARTICLE 7 CERTAIN DEFINITIONS 41 7.1 Additional Definitions 47 ARTICLE 8 MISCELLANEOUS 49 8.1 No Third Party Beneficiaries 49 8.2 Entire Agreement 49 8.3 Successors and Assigns 49 8.4 Counterparts 49 8.5 Headings 49 8.6 Notices 49 8.7 Governing Law 50 8.8 Amendments and Waivers 50 8.9 Incorporation of Schedules 50 8.10 Construction 50 8.11 Severability of Provisions 51 8.12 Specific Performance 51 8.13 Successor Laws 51 8.14 Release 51 8.15 Delivery by Facsimile, etc. 52 8.16 Captions 52 8.17 Consent to Jurisdiction 52 8.18 Waiver of Jury Trial 53 EXHIBITS EXHIBIT A FORM OF TREASURY REGULATIONS SECTION 1.1445-2(b)(2) CERTIFICATE EXHIBIT B FORM OF ASSUMPTION AGREEMENT EXHIBIT C XXXX OF SALE AND ASSIGNMENT EXHIBIT D FORM OF OPTION CANCELLATION AGREEMENT EXHIBIT E TRANSITIONAL SERVICES AGREEMENT
REMEDIES FOR BREACHES. Party B is entitled to exert one or several right(s) as follows where the above breaches from (a) to (e) happen:
REMEDIES FOR BREACHES. In the event of the identification of any problem the National Office may direct steps to be taken by the Member Youth Services to rectify the problem and the timescale by which the problem must be rectified. If the problem is not rectified to the satisfaction of the National Office and/or the Management Team within the advised timescale the problem is categorised as a Priority 1 problem and may result in the immediate temporary or permanent cessation of payments to the Member Youth Service. Any priority problems 1, 2 & 3 may require more immediate or radical responses up to and including the caseation of payment (partial or full) until the problem has been fully resolved. Should the Member Youth Services, National Office and/or Management Team be dissatisfied with the steps taken by the National Office and/or Management Team, they may refer the matter to the Board of Youth Work Ireland within 14 days of the completion of the National Office and/or Management Team timescale. The Board of Youth Work Ireland will confirm whether the problem has been resolved by the Member Youth Services. If the Board of Youth Work Ireland are not satisfied that the problem has been resolved by the Member Youth Service, the Board of Youth Work Ireland may direct the complete cessation of payments and the initiation of proceedings for the expulsion of the Member Youth Service under the terms of the Membership Charter. The Member Youth Service may within 14 days of the decision of Youth Work Ireland seek to have the decision referred to arbitration under the terms of the Membership Charter.
