Specific Performance and Mandamus Sample Clauses

Specific Performance and Mandamus. It is acknowledged by the Parties that the City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. In addition, the Parties agree that monetary damages are not an adequate remedy for Developer if the City should be determined to be in default under this Agreement. The Parties further agree that specific performance and mandamus shall be Developer’s only remedies under this Agreement and Developer may not seek monetary damages in the event of a default by the City under this Agreement. Developer covenants not to xxx for or claim any monetary damages in the event of a default by the City under this Agreement (including without limitation special, incidental or consequential damages) and expressly waives its right to recover damages under this Agreement. The City shall have the right to recover (1) actual damages only (and not consequential, punitive or special damages, each of which is hereby expressly waived) for (a) the Developer’s failure to pay sums to the City as and when due under this Agreement, but subject to any express conditions for such payment set forth in this Agreement, and (b) the Developer’s failure to make payment due under any indemnity in this Agreement, (2) any and all damages relating to the Developer's failure to construct Public Improvements in accordance with City-approved plans and specifications and in accordance with all applicable laws (but only to the extent that the City first collects against any security, including but not limited to bonds, for such Public Improvements), and (3) attorney's fees and costs when awarded by an arbitrator or a court with jurisdiction. For purposes of the foregoing, “actual damages” shall mean the actual amount of the sum due and owing under this Agreement, with interest as provided by law, together with such judgment collection activities as may be ordered by the judgment and no additional sums. Developer may seek specific performance of City’s obligations under this Agreement or a writ of mandate pursuant to Code of Civil Procedure sections 1085 or 1094.5, as applicable, to compel the City to take or refrain from taking any action, or to modify any action taken, that is necessary to effectuate the terms of this Agreement only after serving written notice of the alleged default(s) on City and lapse of the period given for City to cure such default(s), all in accordance with Section 5.4.1, and for so long...
Sample 1
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Specific Performance and Mandamus. It is acknowledged by the Parties that the City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. In addition, the Parties agree that monetary damages are not an adequate remedy for Developer if the City should be determined to be in default under this Agreement. The Parties further agree that specific performance and mandamus shall be Developer’s only remedies under this Agreement and Developer may not seek monetary damages in the event of a default by the City under this Agreement. Developer covenants not to xxx for or claim any monetary damages in the event of a default by the City under this Agreement (including without limitation special, incidental or consequential damages) and expressly waives its right to recover damages under this Agreement. Developer may seek specific performance of City’s obligations under this Agreement or a writ of mandate pursuant to Code of Civil Procedure sections 1085 or 1094.5, as applicable, to compel the City to take or refrain from taking any action, or to modify any action taken, that is necessary to effectuate the terms of this Agreement only after serving written notice of the alleged default(s) on City and lapse of the period given for City to cure such default(s), all in accordance with Section 5.4.1, and for so long as City remains in default of its obligations under this Agreement.
Sample 1

Related to Specific Performance and Mandamus

  • Specific Performance The parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity.

  • Urgent relief Despite any other provision of this Agreement, each party may take steps to seek urgent injunctive or equitable relief before an appropriate court.

  • Injunctive Relief The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

  • Injunctive Relief Warnings 2.1 Commencing sixty (60) days after the Execution Date, W/R shall not sell, offer for sale, ship for sale or otherwise directly or indirectly distribute in California any Covered Products, unless the sales and distribution of the Covered Products are in full compliance with California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements § 25601-25603 and 25607.1-25607.2 (see also: “xxx.X00Xxxxxxxx.xx.xxx.”) or are within safe harbor levels, which include No Significant Risk Levels (NSRLs) and Maximum Allowable Dose Levels (MADLs) as established under Proposition 65 as determined by a single day serving. Covered Products that were manufactured, packed, or labeled prior to the Execution Date shall be permitted to be sold as previously manufactured, packed or labeled. The On-product warnings shall state: WARNING: Cancer and reproductive harm xxx.X00Xxxxxxxx.xx.xxx./food OR WARNING: Consuming this product can expose you to chemicals including Lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx.

  • Right to Injunctive Relief Each Party agrees that breaches of this Section 9 may cause irreparable harm to the other Party and shall entitle such other Party, in addition to any other remedies available to it (subject to the terms of this Agreement), the right to seek injunctive relief enjoining such action.

  • Performance while Dispute is Pending Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

  • Equitable Relief The parties hereto agree and declare that legal remedies may be inadequate to enforce the provisions of this Agreement and that equitable relief, including specific performance and injunctive relief, may be used to enforce the provisions of this Agreement.

  • Injunctive Relief Warnings or Reformulation 2.1 Commencing on the Compliance Date, and continuing thereafter, GFV agrees to “Distribute into the State of California” or directly sell in the State of California Covered Products resulting in exposures less than 0.5 micrograms of lead per day, or alternatively comply with the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distribute into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor, retailer, or other business entity that GFV knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Products that are already in the stream of commerce—including but not limited to the possession and control of distributors and retailers—as of the Compliance Date, and all claims as to such Covered Products are released in this Settlement Agreement.

  • Settlement Relief A. An Injunction, as set forth below in Section II.E hereof.

  • Consent of Each Party to Arbitration 1. Each Party consents to the submission of a claim to arbitration under this Section in accordance with this Agreement.

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