Breach by Either Party. (a) Executive understands and agrees that a breach by Executive of any provision of this Agreement nullifies any obligation of the Company to continue making payments to him or on his behalf pursuant to Section 2 of this Agreement, and obligates Executive to return to the Company the automobile and all monies already paid out under Section 2 of this Agreement at the time of the breach except for One Thousand Dollars ($1000.00), and permits the Company to pursue any other legal or equitable relief to which it is otherwise entitled as the result of such breach. Executive also understands and agrees that he will be responsible for payment of the Company’s attorneys’ fees incurred as a result of a successful effort to pursue legal action against Executive in connection with such breach.
(b) The Company understands and agrees that a breach by the Company of any provision of this Agreement permits Executive to pursue any legal or equitable relief to which he is entitled as the result of such breach. The Company also understands and agrees that it will be responsible for payment of Executive’s attorneys’ fees incurred as a result of a successful effort to pursue legal action against Executive in connection with such breach.
Breach by Either Party. In addition to the ---------------------- foregoing, if prior to the Effective Time, this Agreement is terminated by either Party as a result of the other Party's breach of such Party's representations, warranties or agreements set forth herein of this Agreement, such Party shall pay to the non-breaching Party as its sole and exclusive remedy resulting from such termination, an amount in cash equal to the sum of:
(i) the reasonable direct costs and expenses incurred by or on behalf of the non-breaching Party in connection with the transactions contemplated by this Agreement, plus
(ii) the sum of $100,000, which sum represents compensation for the non-breaching Party's loss as the result of the transactions contemplated by this Agreement not being consummated.
Breach by Either Party. Failure by either Party to comply with any of the material obligations of such Party contained in this Agreement shall entitle the other Party to give notice to the defaulting Party specifying the nature of the default and requiring it to cure such default. If such default is not cured within 60 days after the receipt of such notice (or, if such default cannot be cured within such 60-day period, if the defaulting Party does not commence and diligently continue actions to cure such default), the other Party shall be entitled, without prejudice to any of its other rights conferred on it by this Agreement, in addition to any other remedies available to it by law or in equity, to terminate this Agreement by giving written notice to take effect immediately. The right to terminate this Agreement, as hereinabove provided, shall not be affected in any way by the other Party's waiver or failure to take action with respect to any previous default.
Breach by Either Party. This agreement may be terminated by either party hereunder if the other party fails to perform or observe any of the terms hereof on its part to be performed and observed and fails to remedy such breach within thirty days of a notice from the other party to remedy the same giving adequate particulars of the alleged default and of the intention of the party serving the notice to terminate this Agreement under this clause unless such default is made good or remedied within thirty (30) days. If either party waives
Breach by Either Party. Both Parties acknowledge and agree that any breach of the warranties in Clause 12.2 by either Party shall be remedied as a matter of urgency at no cost to the other Party. Failure to remedy (if capable of remedy) such failure within five (5) Working Days of notification by the non-defaulting Party of such failure shall constitute a breach of this Agreement entitling the other Party to terminate in accordance with Clause 53.
Breach by Either Party. Where a Party is in material breach of this Agreement, and where the non-breaching Party has given thirty (30) days prior written notice specifying the breach to the breaching Party and the breaching Party has not cured the breach within such 30-day period then the non-breaching Party may terminate this Agreement without liability.
Breach by Either Party. If either party breaches any provision of this Agreement, the breaching party agrees to pay all reasonable attorneys' fees and costs incurred by the non-breaching party or by any COMPANY RELEASEE as a result of such breach. In the event of a material breach of this Agreement by the other party, the Company shall have the right to rescind this Agreement and to recover all consideration paid or provided hereunder, and Employee shall have the right to recover damages for any amounts due hereunder.
Breach by Either Party. If either party breaches any provision of this Agreement, the breaching party agrees to pay all reasonable attorneys’ fees and costs incurred by the non-breaching party or by any COMPANY RELEASEE as a result of such breach. In the event of a material breach of this Agreement by Employee, the Company shall have the right to recover all consideration paid or provided hereunder in excess of amounts which would have been payable to Employee under the Employment Agreement had Employee been terminated by the Company without Cause (as defined in the Employment Agreement) as of the date this Agreement is executed, and Employee shall have the right to recover damages for any amounts due hereunder.
Breach by Either Party. Except as expressly stated in
Breach by Either Party. Executive agrees that if he breaches Section 13 of this Agreement, he will pay all costs and expenses incurred by any Sonoco Party in its defense of such a suit, including reasonable attorney's fees, and shall entitle the Company to suspend any payments provided herein except for Required Payments. If it is ultimately determined that the Executive breached Section 13, the Company shall recover all amounts previously paid under this Agreement except for Required Payments and shall be relieved of any obligation to make further payments under this Agreement except for Required Payments. If it is ultimately determined that the Executive did not breach Section 13, Sonoco will pay Executive all payments which were suspended plus interest at the prime rate as quoted in the Wall Street Journal and shall begin to make all future payments required under the Agreement. A suit or counterclaim by a Sonoco Party to recover the sums paid hereunder shall be permitted to protect the consideration paid and will not be considered by Executive to be retaliatory. If Sonoco breaches Section 13 of this Agreement, or if Executive breaches Section 9 or Executive or the Company breaches Section 11 of this Agreement, the breaching party shall be required to pay to the other party the legal fees and expenses incurred to enforce the terms of Sections 9, 11 or 13, and pay such actual damages as may be proven as a result of any breach. The parties further agree that in the event the Company believes that Executive is in violation of Section 10 of this Agreement, the Company shall give written notice to Executive of its belief that Executive is in violation of Section 10 and Executive shall have thirty (30) days after receipt of such notice to cure any alleged breach. If Executive does not cure an alleged breach of Section 10 after written notice from the Company, the Company may exercise its rights under Section 10(d) to seek injunctive relief and, in the event the Company obtains a preliminary injunction after notice and an opportunity to be heard, it may suspend any remaining payments to Executive under this Agreement except for Required Payments, pending a final determination as to whether Executive breached Section 10. If it is finally determined that Executive breached Section 10 of this Agreement, the Company will not be required to pay to Executive the suspended payments and Executive will be required to reimburse the Company for its legal fees and expenses. If it is finally dete...
