Common use of Abatement and Suit Clause in Contracts

Abatement and Suit. Violation or breach of any restriction herein contained shall give to Declarant the right to enter upon the Property upon or as to which said violation or breach exists and summarily to xxxxx and remove at the expense of the Owner, Lessee or occupant thereof any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. In addition, every Owner of a Site shall have the right, in the event of violation or breach of any restriction herein contained, to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or to recover damages for said violation. All remedies provided herein or at law or in equity shall be cumulative and not exclusive.

Appears in 3 contracts

Samples: Lease Agreement (Nuance Communications), Industrial Lease (Foxhollow Technologies, Inc.), Lease Agreement (Nuance Communications)

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Abatement and Suit. Violation or breach of any restriction herein ------------------ contained shall give to Declarant the right to enter upon the Property upon or as to which said violation or breach exists and summarily to xxxxx and remove at the expense of the Owner, Lessee or occupant thereof any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. In addition, every Owner of a Site shall have the right, in the event of violation or breach of any restriction herein contained, to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or to recover damages for said violation. All remedies provided herein or at law or in equity shall be cumulative and not exclusive.

Appears in 2 contracts

Samples: Lease Agreement (Jetfax Inc), Lease Agreement (Jetfax Inc)

Abatement and Suit. Violation or breach of any restriction herein contained shall give to Declarant GRANTOR the right to enter upon the Property property upon or as at to which said violation or breach exists and to summarily to xxxxx abate and remove at the expense of the Ownerxxxxr, Lessee lessee or occupant thereof thereof, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. In addition, every Owner owner of a Site property subject to these restrictions shall have the right, right in the event of violation or breach of any restriction herein contained, contained to prosecute prosecure a proceeding at law ?????? or in equity against the person or persons who have violated or are attempting BOOK 8565 553 to violate any of these restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. All remedies provided herein or at law or in equity shall be cumulative and not exclusive.

Appears in 1 contract

Samples: Interior Improvement Agreement (Cylink Corp /Ca/)

Abatement and Suit. Violation or breach of any restriction herein contained shall give to Declarant Prudential and every Owner the right to enter upon the Property property upon or as to which said violation or breach exists and to summarily to xxxxx and remove at the expense of the OwnerOwner thereof, Lessee or occupant thereof any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. In addition, every Owner any legal or equitable proceeding for the enforcement of a Site this Declaration the losing party or parties shall have pay the rightattorneys' fees of the prevailing party or parties, in such amount as may be fixed by the event of violation or breach of any restriction herein contained, to prosecute a proceeding at law or court in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or to recover damages for said violationsuch proceedings. All remedies EXHIBIT D Covenants, Conditions and Restrictions -------------------------------------- (continued) provided herein or at law or in equity shall be cumulative and not exclusive.

Appears in 1 contract

Samples: Infoseek Corp

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Abatement and Suit. Violation or breach of any restriction herein ------------------ contained shall give to Declarant the right to enter upon the Property upon or as to which said violation or breach exists and summarily to xxxxx and remove at the expense of the Owner, Lessee or occupant thereof any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. In addition, every Owner of a Site shall have the right, in the event of violation or breach of any restriction herein contained, to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to to, violate any of these restrictions to enjoin or to recover damages for said violation. All remedies provided herein or at law or in equity shall be cumulative and not exclusive.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Abatement and Suit. Violation or breach of any restriction herein contained shall give to Declarant the right to enter upon the Property upon or as to which said violation or breach exists and summarily to xxxxx and remove at the expense of the Owner, Lessee or occupant thereof any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin ending or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. In addition, every Owner of a Site shall have the right, in the event of violation or breach of any restriction herein contained, to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or to recover damages for said violation. All remedies provided herein or at law or in equity shall be cumulative and not exclusive.

Appears in 1 contract

Samples: Lease Agreement (Conor Medsystems Inc)

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