Remedy for Violation. In addition to all other remedies available to Autodesk at law or in equity or this VAR Agreement, including termination, in the event that VAR violates any of the provisions of this subsection 3 or the Channel Partner Policies and Procedures, VAR shall pay to Autodesk, as liquidated damages and not as a penalty, an amount equal to the difference between the then-current Autodesk suggested retail price and the price VAR actually paid for the Autodesk software product used, procured or distributed in contravention of this Section 3 or the sum of $500.00 for each copy of the Autodesk software product used, procured or distributed in contravention of this Section 3, whichever is greater. Additionally, VAR shall not be eligible for Co-op for, at minimum, the remainder of the Autodesk fiscal quarter in which the violation occurred (or the remainder of the Autodesk fiscal quarter in which Autodesk learned of such violation by VAR) and the subsequent Autodesk fiscal quarter.
Remedy for Violation. Employer and Employee agree that remedies at law are inadequate and that Employer may seek injunctive relief in the event of violation of this covenant. In addition, it is agreed that the actual damages occasioned by any breach of the covenants by Employee not to solicit and/or perform services except as provided above will not be susceptible to exact determination and Employer shall be entitled to liquidated damages in an amount equal to three (3) times the gross fees billed by Employer to any such patients solicited or treated in violation of this covenant during the two (2) year (twenty four (24) month) period immediately preceding the violation of this covenant.
Remedy for Violation. In the event that any person Disposes of any shares in violation of any of the provisions of this Agreement, such disposition shall be void. In the event any restriction on transfer herein shall be held invalid, Newco and the other Shareholders shall have the right to redeem or purchase, as the case may be, all or any shares disposed of in violation of the invalidated restrictions from the then holder thereof (a) at the price and on the terms on which such shares were acquired by such holder, if such shares were acquired by the holder in a purchase transaction, or (b) at the election of the redeeming or purchasing parties, or in the case of a transaction that is unique or the terms of which cannot readily be assumed by other parties, at the Determined Value of such shares. The rights given by this paragraph shall accrue first to Newco and then, Pro Rata, to the Investor Shareholders and then, Pro Rata to the other Shareholders, and then to any assignee(s) of Newco. Newco shall notify the Shareholders promptly of the final judgment holding the transfer restriction invalid, and shall have one hundred twenty (120) days after the date of mailing of such notice to elect to exercise its redemption option by mailing written notice of such election to the holder of the shares and to the Shareholders. In the event that Newco elects not to exercise its option hereunder as to all the shares available for redemption or purchase hereunder, each Shareholder shall have sixty (60) days after the date of mailing of Newco's initial notice to notify the holder of the shares, Newco and all other Shareholders of such Shareholder's election to purchase all or any part of such Shareholder's Pro Rata portion of the shares. If the other Shareholders do not elect to purchase all the remaining shares, Newco may assign the right to purchase all or any part of the remaining shares to one or more third parties provided that such third parties agree to execute this Agreement and agree to be bound by the terms hereof.
Remedy for Violation a. In the event that XX. XXXX brings a cause of action against COMPANY in violation of Paragraphs 11 and 12 above, XX. XXXX understands and agrees to place in an escrow account an amount equal to any settlement or separation payment paid to XX. XXXX pursuant to this Agreement (except for payments pursuant to Paragraph 1(j)) while said cause of action is in litigation. If a court of competent jurisdiction determines that XX. XXXX should not have brought such a cause of action because it is without merit and/or prohibited by XX. XXXX'x promises in this Agreement, then XX. XXXX shall repay to COMPANY any settlement payment(s) being held in the escrow account, as well as an amount, with interest, equal to any salary continuation after XX. XXXX is released from regular full-time duties and responsibilities, other discretionary payments or services that are paid to or provided to XX. XXXX as consideration for the promises made by XX. XXXX in this Agreement, and attorneys fees incurred by COMPANY defending its actions and this Agreement, in addition to any other damages the Court may deem proper.
Remedy for Violation. Should AZCOMP become aware that CLIENT has violated Section XII.A., AZCOMP may, at its option, remove the Data or User Data in violation, immediately terminate hosting CLIENT's Software, and/or notify authorities. If hosting is terminated, AZCOMP may, in its sole discretion, reinstate hosting upon adequate showing of CLIENT's right to use the Data or User Data.
Remedy for Violation. In the event the Licensee exceeds the scope of this License Agreement or in any other manner violates the terms and conditions hereof, Xxxxx shall have the right to enjoin such activities as violate the terms of this Agreement and may seek any other allowable remedies, including the right to obtain its reasonable costs and attorney fees in connection therewith. The Licensee hereby agrees to the terms and conditions of this AGREEMENT and agrees to abide by the same. Licensee (Organization or Company Name; if not part of an Organization or Company print first and last name) Phone City, State, Zip By: (Printed Name) Title (if part of an organization) E-mail Subscriber or Licensee Signature Date For Internal Use Only: Data Sales Number: _ Supplemental Information Inquiries regarding the Agreement should be directed to Xxxx Xxxxxxx, Zoning and GIS Administrator at xxxxxx@xxxxxxxxxxx.xxx or 217.762.3111.
Remedy for Violation. Should Blue Ocean Interactive Marketing Inc become aware that Customer has violated Part 4.1, Blue Ocean Interactive Marketing Inc may, at its option, remove the Content or User Content in violation, immediately terminate hosting Customer's Website under Part 6.3, and/or notify authorities. If hosting is terminated, Blue Ocean Interactive Marketing Inc may, in its sole discretion, reinstate hosting upon adequate showing of Customer's right to use the Content or User Content.
Remedy for Violation. In addition to all other remedies available to Discreet under law or equity or this Agreement, including termination, in the event that Reseller violates any of the provisions of this subsection 3, Reseller shall pay to Discreet, as liquidated damages and not as a penalty, an amount equal to the difference between the then-current Discreet suggested retail price and the price Reseller actually paid for the Discreet software product used, procured or distributed in contravention of this Section 3 or the sum of $500.00 for each copy of the Discreet software product used, procured or distributed in contravention of this Section 3, whichever is greater. Additionally, Reseller shall not be eligible for Co-Op for, at minimum, the remainder of the Discreet fiscal quarter in which the violation occurred (or the remainder of the Discreet fiscal quarter in which Discreet learned of such violation by Reseller) and the subsequent Discreet fiscal quarter.
Remedy for Violation. In the event the Consultant exceeds the scope of this License Agreement or in any other manner violates the terms and conditions hereof, RPC shall have the right to enjoin such activities as violate the terms this agreement and may seek any other allowable remedies, including the right to obtain its reasonable costs and attorney fees in connection therewith. The digital data is authorized to: BUSINESS ADDRESS PHONE CITY, STATE, ZIP pursuant to the terms and conditions listed in this LICENSE AGREEMENT. The data is provided for use in completing the following project: PROJECT for the DATA REQUESTED CUUATS Xxxx Xxxxx RPC DEPARTMENT RPC EMPLOYEE NAME The Consultant hereby agrees to the terms and conditions in the attached LICENSE AGREEMENT and agrees to abide by same. Printed Name Title Signature Date E-mail
Remedy for Violation. Upon any voluntary Transfer of Shares by a Minority Stockholder or any of its Permitted Transferees in violation of any of the provisions of this Agreement, the Company, the Xxxxxxxx Investors and the Xxxx Investors shall have, in addition to such other remedies and damages as may be available to them under applicable law, the right and option to purchase all or any of such Shares from the holder or holders thereof at a price equal to 90% of the price that would otherwise have been applicable if the Minority Stockholder had complied with the terms hereof and the terms of payment shall be the Contract Terms. Such option shall be exercisable in the manner and in accordance with the procedures set forth in Sections 4.1.1 through 4.1.3, provided that, for purposes of applying such procedures, the date of discovery of such violation shall be deemed to be the date on which the Offer is made.
