Breach of this Section Sample Clauses

Breach of this Section. Executive understands and agrees that the restrictions in this Section 3 shall continue beyond the termination of Executive’s employment regardless of the reason for such termination. Executive acknowledges that money damages may not be sufficient remedy for any breach of this Section 3 by Executive, and that the Company Parties shall be entitled to seek to enforce the provisions of this Section 3 by specific performance and injunctive relief as remedies for such breach or any threatened breach. Such remedies shall not be deemed the exclusive remedies for a breach of this Section 3, but shall be in addition to all remedies available at law or in equity to the Company Parties, including the recovery of damages from Executive and his agents involved in such breach. In the event that Executive fails in any material respect to perform any of his material obligations under this Section 3, the Company may elect (a) to cease any payments due under this Agreement and recover all payments made to Executive under this Agreement on or subsequent to the date of the failure, (b) obtain an injunction and/or (c) exercise any and all other remedies available by law.
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Breach of this Section. The Employee understands and agrees that the restrictions in this Section 10 do not terminate when the Employee’s employment terminates. The Employee understands and agrees that such restrictions may limit his ability to engage in a business similar to the Company’s business (specifically a business which is directly competitive with the activities conducted by the Company or any of its affiliates within the Correctional Industry (as defined in Section 13(a)(i))) in a position similar to his position with the Company because such a position would inevitably and unavoidably require him to disclose the Confidential Information protected herein, but acknowledges that he will receive sufficient monetary and other consideration from the Company hereunder to justify such restriction. The Employee acknowledges that money damages would not be sufficient remedy for any breach of this Section 10 by the Employee, and the Company shall be entitled to enforce the provisions of this Section 10 by (a) terminating any payments then owing to the Employee under this Agreement and/or (b) specific performance and injunctive relief, in each case as remedies for such breach or any threatened breach. Such remedies shall not be deemed the exclusive remedies for a breach of this Section 10, but shall be in addition to all remedies available at law or in equity to the Company, including, without limitation, the recovery of damages from the Employee and his agents involved in such breach.
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Breach of this Section. The Executive understands and agrees that the restrictions in this Section 7 do not terminate upon the expiration of the Employment Term. The Executive acknowledges that money damages would not be a sufficient remedy for any breach of this Section 7 by the Executive, and the Parent or Company shall be entitled to enforce the provisions of this Section 7through specific performance and injunctive relief as remedies for such breach or any threatened breach. Such remedies shall not be deemed the exclusive remedies for a breach of this Section 7, but shall be in addition to all remedies available at law or in equity to the Company or Parent.
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Breach of this Section. 14.16 shall require the violating party to pay to the non-violating party, immediately following the retention of a person giving rise to the violation, as liquidated damages and not as a penalty, a sum equal to one hundred percent (100%) of such person’s cash salary or other cash compensation (including any cash bonuses, awards or incentives) earned during the twelve (12) month period ending on the date of such retention (annualized if such person was employed or otherwise retained by the non-violating party for less than twelve (12) months). Exhibit A: Territory Exhibit B: Marketing and Promotional Obligations Exhibit C: Maintenance and Support Exhibit D: Workstations and PACS Vendors
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Breach of this Section. In the event the Executive breaches the restrictive covenants and obligations set forth in this Section 7, then the running of the Restrictive Period and/or Non-Solicit Period shall be tolled and suspended during the time period in which Executive acts in breach of this Agreement.
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Breach of this Section. If Employee breaches this confidentiality and non-disparagement Section, Employee agrees that such breach will cause the Company damage and that such damages will be difficult to ascertain; therefore, Employee agrees that upon any such breach, the Company shall have the right to immediately stop payment of any consideration described in Section C, below and Employee will be liable for any further damages directly or indirectly resulting from Employee’s breach. The Company may further initiate a civil action for breach of this Section and Employee agrees that if Employee breaches this Section, Employee will stipulate to the entry of a court injunction prohibiting Employee from engaging in any further breach. Nothing in this Agreement shall restrict or preclude Employee from, or otherwise influence Employee in, testifying truthfully in any civil, criminal or administrative proceeding, as required by law or formal legal process. If Employee is compelled to testify by law or formal legal process, concerning this Agreement or Employee’s employment with the Company, Employee will advise counsel for the Company immediately, but no later than three calendar days within receiving notice of such compulsion.
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Breach of this Section. Any breach of this Section may result in termination of the Agreement and the demand for return of all records in connection with this Agreement. The Contractor agrees to indemnify and hold harmless the County for any damages related to the Contractor’s unauthorized use or disclosure of personal information.
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Breach of this Section. Each Party acknowledges that in the event of any breach or default or threatened breach or default by any Party of this Section 11, the other Party may be irreparably damaged, it may be extremely difficult and impractical to measure such damage and the remedy of damages at law may be inadequate. Accordingly, each Party, in addition to any other rights and remedies available at law or in equity, shall be entitled to seek injunctive relief including, but not limited to, specific performance, with respect to the breach or default or threatened breach or default of this Section 11.
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Related to Breach of this Section

  • Breach of this Agreement If the Executive commits a breach, or threatens to commit a breach, of any of the provisions of Sections 7, 8 or 9 of this Agreement, then the Company shall have the right and remedy to have those provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed by the Executive that the rights and privileges of the Company granted in Sections 7, 8 and 9 are of a special, unique and extraordinary character and any such breach or threatened breach will cause great and irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Breach of the Agreement The Beneficiary commits a material breach of its obligations under this Agreement;

  • Breach of Agreements Licensee fails to perform in accordance with any of the material terms and conditions contained herein in any material respect.

  • Liability for Breach of Agreement During the term of this Agreement, any violation of any provisions herein by either party constitutes breach of contract and the breaching party shall compensate the non-breaching party for the loss incurred as a result of this breach.

  • Termination of this Agreement (a) The Representative shall have the right to terminate this Agreement by giving notice to the Company as hereinafter specified at any time at or prior to the Closing Date or any Option Closing Date (as to the Option Shares to be purchased on such Option Closing Date only), if in the discretion of the Representative, (i) there has occurred any material adverse change in the securities markets or any event, act or occurrence that has materially disrupted, or in the opinion of the Representative, will in the future materially disrupt, the securities markets or there shall be such a material adverse change in general financial, political or economic conditions or the effect of international conditions on the financial markets in the United States is such as to make it, in the judgment of the Representative, inadvisable or impracticable to market the Shares or enforce contracts for the sale of the Shares (ii) trading in the Company’s Common Stock shall have been suspended by the Commission or Nasdaq or trading in securities generally on the Nasdaq Stock Market, the NYSE or the NYSE MKT shall have been suspended, (iii) minimum or maximum prices for trading shall have been fixed, or maximum ranges for prices for securities shall have been required, on the Nasdaq Stock Market, the NYSE or NYSE American, by such exchange or by order of the Commission or any other governmental authority having jurisdiction, (iv) a banking moratorium shall have been declared by federal or state authorities, (v) there shall have occurred any attack on, outbreak or escalation of hostilities or act of terrorism involving the United States any declaration by the United States of a national emergency or war, any substantial change or development involving a prospective substantial change in United States or other international political, financial or economic conditions or any other calamity or crisis, or (vi) the Company suffers any loss by strike, fire, flood, earthquake, accident or other calamity, whether or not covered by insurance, or (vii) in the judgment of the Representative, there has been, since the time of execution of this Agreement or since the respective dates as of which information is given in the Registration Statement, the Time of Sale Disclosure Package or the Final Prospectus, any material adverse change in the assets, properties, condition, financial or otherwise, or in the results of operations, business affairs or business prospects of the Company, whether or not arising in the ordinary course of business. Any such termination shall be without liability of any party to any other party except that the provisions of Section 5(a)(viii) and Section 7 hereof shall at all times be effective and shall survive such termination.

  • Early Termination and Breach of Agreement (a) The Corporation may terminate this Agreement with respect to all of the Units held (or previously held and Exchanged) by all Members at any time by paying to the Members the Early Termination Payment; provided, however, that this Agreement shall only terminate upon the receipt of the Early Termination Payment by all Members, and provided, further, that the Corporation may withdraw any notice to execute its termination rights under this Section 4.01(a) prior to the time at which any Early Termination Payment has been paid. Upon payment of the Early Termination Payments by the Corporation, neither the Members nor the Corporation shall have any further payment obligations under this Agreement, other than for any (a) Tax Benefit Payment agreed to by the Corporation and the Member as due and payable but unpaid as of the Early Termination Notice and (b) Tax Benefit Payment due for the Taxable Year ending with or including the date of the Early Termination Notice (except to the extent that the amount described in clause (b) is included in the Early Termination Payment). For the avoidance of doubt, if an Exchange occurs after the Corporation makes the Early Termination Payments with respect to all Members, the Corporation shall have no obligations under this Agreement with respect to such Exchange, and its only obligations under this Agreement in such case shall be its obligations to all Members under Section 4.03(a).

  • Liabilities for Breach of Agreement 9.1 In the event any Party failed to perform any of its obligations under this Agreement, or made any untrue or inaccurate representations or warranties, such Party shall be liable for all the losses of other Parties for breach of the Agreement. This Article 9 shall not influence any other right of Party A under this Agreement.

  • Breach of Confidentiality Contractor acknowledges that there can be no adequate remedy at law for any breach of Contractor’s obligations hereunder, that any such breach will likely result in irreparable harm, and therefore, that upon any breach or threatened breach of the confidentiality obligations, the Court shall be entitled to appropriate equitable relief, without the requirement of posting a bond, in addition to its other remedies at law. INDEMNIFICATION

  • Breach of Covenant The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

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