Breach by Consultant. In the event of a breach or threatened breach by the SUBCONSULTANT of the provisions of this AGREEMENT, the DEPARTMENT shall be entitled to an injunction restraining SUBCONSULTANT from disclosing or using confidential or proprietary information or from rendering any services to any person using confidential or proprietary information provided in breach of this AGREEMENT. Nothing herein shall be construed as prohibiting the DEPARTMENT from pursuing any other remedies available to the DEPARTMENT for such breach or threatened breach, including recovery of damages from SUBCONSULTANT. This provision shall survive any termination of this AGREEMENT.
Breach by Consultant. In the event Consultant -------------------- violates any of his obligations under this Agreement, the Company may, upon seven (7) days prior notice to Consultant, terminate the Consulting Term; provided, however, that Consultant shall have a reasonable opportunity to cure any breach of his obligations under Section 2.2, 2.3 or 2.6 of this Agreement during such seven (7) days' notice period. In the event of a termination pursuant to this Section 5(b), all payment obligations of the Company set forth in this Agreement shall terminate, and Consultant shall not be entitled to receive any unpaid portion of the cash payments set forth in Section 2.4(a) of this Agreement.
Breach by Consultant. Each Party recognizes that the Services to be rendered under this Agreement by Contractor are special, unique and extraordinary in character, and that in the event of breach by Contractor of the terms and conditions of this Agreement to be performed by Contractor, NONC shall be entitled, if NONC so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either in law or in equity, to seek damages for any breach of this Agreement, to obtain an injunction restraining Contractor from committing or continuing any violation of this Agreement (including, without limitation, the provisions of Section 4), or to enforce the specific performance of this Agreement by Contractor.
Breach by Consultant. The parties hereto recognize that the services to be rendered under this Agreement by Consultant are special, unique and extraordinary in character, and that in the event of a breach by Consultant of the terms and conditions of this Agreement to be performed by Consultant, the Company shall be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either in law or in equity, to obtain direct and actual damages for any breach of this Agreement, or to enforce the specific performance thereof by Consultant, or to obtain such other and further relief as the court may deem proper.
Breach by Consultant. The parties hereto recognize that the services to be rendered under this Agreement by the Consultant are special, unique and extraordinary in character, and that in the event of the breach by the Consultant of any of the terms and conditions of this Agreement to be performed by the Consultant, the Acquiring Companies shall be entitled, if they so elect, to institute and prosecute proceedings in any court of competent jurisdiction in the State of Ohio, either at law or in equity, without the necessity of posting a bond or other security, to institute suit to obtain damages for any breach of this Agreement, or to enforce the specific performance thereof by the Consultant.
Breach by Consultant. In the event of a breach by Consultant of any of the terms of this Agreement, the Company shall be entitled, if it shall so elect, to institute legal proceedings to obtain damages for any such breach, or to enforce the specific performance of this Agreement by Consultant and to enjoin Consultant from any further violation of this Agreement and to exercise such remedies cumulatively or in conjunction with all other rights and remedies provided by law. Consultant acknowledges, however, that the remedies at law for any breach by him of the provisions of this Agreement may be inadequate and that the Company shall be entitled to injunctive relief against him in the event of any breach. If the Company prevails in a proceeding for damages or injunctive relief, Consultant agrees that the Company, in addition to other relief, shall be entitled to reasonable attorney fees, costs, and the expenses of litigation incurred by the Company in securing the relief granted by the Court. Any payments due and owing to Consultant, as called for in this Agreement, shall be terminated immediately and shall no longer be due and owing to Consultant, upon his violation of any of the terms of this Agreement as confirmed by the Arbitrator described in Section 9.9
Breach by Consultant. In the event of a breach by Consultant of its duty to provide consulting services and a failure by Consultant to cure such breach within thirty (30) days after notice thereof by Company, this Agreement shall be deemed terminated, and Company shall be entitled to reimbursement of the entire cost of Company's arranging for and obtaining equivalent consulting services from another source, up to One Hundred Eighty Thousand Dollars ($180,000), which amount shall be regarded as liquidated damages for Consultant's breach. This amount may be set-off against compensation due Consultant in the event that Company owes Consultant compensation under this Agreement. Consultant and Company agree that Company's actual damages in the event of such breach would be difficult to establish and that the liquidated damages stated above are a reasonable estimate of Company's actual damages.
Breach by Consultant. In the event the Company or the Bank believes Consultant has breached Paragraph 5 or Paragraph 7 of the Separation Agreement, or Paragraph 4 hereof, it must give Consultant written notice and opportunity to cure within fifteen (15) days of Consultant’s receipt of the notice. This notice does not affect the ability of the Company or of the Bank to seek a protective order against Consultant. If Consultant shall fail to cure such breach of Paragraph 5 or Paragraph 7 of the Separation Agreement, or Paragraph 4 hereof, the Company shall be entitled to terminate this Agreement in which event Consultant shall only be entitled to the shares of Restricted Stock vested through the date of termination pursuant Restricted Stock Agreement and the Plan.
Breach by Consultant. Consultant breaches this Price Agreement OR Work Order Contract if:
(i) Consultant institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis;
(ii) Consultant no longer holds a license or certificate that is required for Consultant to perform its obligations under this Contract and Consultant has not obtained the license or certificate within thirty (30) calendar days after ODOC delivers notice of breach to Consultant or a longer period as ODOC may specify in the notice; or
(iii) Consultant commits any material breach of any covenant, warranty, obligation or certification under this Price Agreement, fails to perform its obligations under this Price Agreement or any Work Order Contract within the time specified or any extension of that time, and Consultant fails to cure the breach within thirty (30) calendar days after ODOC, as applicable, delivers notice of breach to Consultant or a longer period as ODOC may specify in the notice.
Breach by Consultant. Without limiting the previous paragraph, we may terminate this Agreement immediately if you fail to effect or maintain insurance as required by this Agreement, you breach any confidentiality obligation under this Agreement or there exists any conflict of interest or duty of yourself or any of your personnel, employees, agents or subcontractors.
