ATTORNEYS’ FEES AND REMEDIES. In the event either the TOWN or the CONTRACTOR brings an action against the other to interpret and/or enforce this Agreement and/or any condition, covenant and/or provision herein, the prevailing party shall be entitled to recover its reasonable attorney’s fees and court and professional costs, including, without limitation, any such fees or costs related to appellate or bankruptcy proceedings. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
ATTORNEYS’ FEES AND REMEDIES. Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. I agree that my obligations hereunder are necessary and reasonable in order to protect MACOM and its business, that monetary damages would be inadequate to compensate MACOM for any breach of any covenant or agreement set forth herein, that any such violation or threatened violation will cause irreparable injury to MACOM and that, in addition to any other remedies that may be available, in law, in equity or otherwise, MACOM shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement or the continuation of any such breach, without the necessity of proving actual damages or posting a bond. I also agree that if I violate this Agreement, MACOM will be entitled to any damages arising from such breach, and MACOM shall also be entitled to recover its costs and expenses, including attorneys’ fees that MACOM incurs, in enforcing its rights under this Agreement.
ATTORNEYS’ FEES AND REMEDIES. The parties hereto acknowledge and agree that time is of the essence under this Agreement, and in addition to any other remedies provided hereunder, under law or in equity, the parties shall be entitled to the remedy of specific performance and each party hereby waives any defense to specific performance based upon the adequacy of damages or the inability of a party to demonstrate or prove irreparable harm. In addition to the foregoing, the parties acknowledge and agree that if a party is successful in asserting a breach or failure to perform under this Agreement, the party that failed to perform shall pay to the prevailing party all costs, attorneys fees and other expenses of and relating to the action, suit or proceeding. Further, the parties acknowledge and agree that any damages that may be awarded for a breach or failure of or under Sections 1(C), 1(D), 1(E), 1(F), 2, or 4, the requirement to fund the Tabulation amount or to perform an obligation rendered by an arbitrator under Section 3, and obligations not released under Section 6, will not fully compensate the parties for the actual damages and other injury suffered; therefore, the parties agree that in addition to (and not as a reduction of) all damages that may be awarded, the party breaching or failing to perform shall pay to the party asserting such breach or failure the sum of two hundred thousand dollars and no cents ($200,000) as additional and liquidated damages. The parties hereto agree that such sum is reasonable and acceptable, and each has consulted with counsel and agrees to such sum as additional and liquidated damages.
ATTORNEYS’ FEES AND REMEDIES. Should any dispute arise concerning this Agreement, and either party finds it necessary to commence legal action to resolve such a dispute, the prevailing party in such a legal action shall be entitled to have the other party pay the attorney’s fees, court costs, and expenses of the prevailing party incurred in such dispute and legal action, in addition to any other damages or legal relief awarded. In addition to any legal remedies previously stated in this Agreement, or otherwise available at law, each party may seek as a remedy the specific enforcement of this Agreement, and/or the issuance of an injunction to prevent the further breach of this Agreement. Company Signature State of County of . X Distributor Signature Subscribed and affirmed before me by Print name of distributor This day of (day) (month) (year) Notary Public Signature
