Breach by Corporation. If the Corporation breaches any agreement, --------------------- provision, covenant, duty or requirement made herein or required herein on its part, then Anderson, in his sole discretion, shall be entitled to (i) actual damages from the Corporation for such breach, (ii) specific performance of this Agreement by the Corporation and an injunction restraining the Corporation from violating the terms of this Agreement, and (iii) to the fullest extent permitted by applicable law, recovery of his attorneys fees, court costs, and all related expenses of litigation, together with pre- and post-judgement interest thereon. Nothing herein shall be construed as prohibiting Xxxxxxxx from pursuing any other remedies allowed by law which may be available to him including the recovery of damages from any third party involved or associated with such reach.
Breach by Corporation. In the event of a breach by Corporation of the terms of this Agreement, Employee shall be entitled to institute legal and/or equitable proceedings to obtain damages and/or injunctive relief for any such breach and shall be entitled to recover interest at the legal rate on past due amounts. 10. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California and each party hereby irrevocably submits to the personal jurisdiction of the Federal and/or State Courts located in Los Angeles County, in any action or proceeding arising out of, or relating to, this Agreement, and its enforcement, and agrees that all claims in respect of any such action or proceeding may be heard and determined in either such court. The parties hereby irrevocably consent to the service of any summons or complaint, and any other process that may be served in such actions brought in said courts by the mailing by certified or registered mail, of copies of such process to the party to be served at his address as set forth on Page One, or by personal service by any adult or as may be directed by the Court in which such proceedings were filed. The parties hereby irrevocably waive any objection on the ground that any such action or proceeding in either of such Courts has been brought in an inconvenient forum. 11.
Breach by Corporation. Subject to the limitations set forth in Section 14.2.3, the Major Stockholders, jointly (but not severally, except with respect to the NIF Stockholders, who provide the following indemnifications jointly, but not severally, with the other Major Stockholders, but amongst the NIF Stockholders only, provide the following indemnifications jointly and severally), shall indemnify, defend and hold harmless the Surviving Corporation, OSI Subsidiary and OSI, and each of their shareholders, agents, heirs, successors, assigns, partners and joint venturers, from and against any and all Claims and Liabilities that are caused by or relate to the breach by Ancore of any of its representations, warranties, and covenants that are to be performed by the terms of this Agreement prior to the Effective Time set forth in the Ancore Documents.
Breach by Corporation the Corporation is in breach of any term, condition, covenant or agreement contained in any Transaction Document, or any representation or warranty given by the Corporation in a Transaction Document is or becomes untrue, false or misleading; or
