Breach; Injunctive Relief Sample Clauses

Breach; Injunctive Relief. In the event of a Breach, in addition to being entitled to exercise all rights granted by law, including recovery of damages, the Company and the Employer will be entitled to specific performance of its rights under this Agreement. The Grantee acknowledges that the Company shall suffer irreparable harm in the event of a Breach or prospective Breach, and that monetary damages would not be adequate relief. Accordingly, the Company shall be entitled to seek injunctive relief in any federal or state court of competent jurisdiction located in New York County, or in any state in which the Grantee resides. The Grantee further agrees that the Company and the Employer shall be entitled to recover all costs and expenses (including attorneys’ fees and expenses) incurred in connection with the enforcement of the Company’s rights hereunder including, but not limited to, with respect to a Breach.
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Breach; Injunctive Relief. Each of the Seller Parties acknowledges that a breach by a member of the Seller Group of Section 2 would cause immediate and irreparable harm to Buyer for which an adequate monetary remedy does not exist; hence, each of the Seller Parties agrees that, in the event of a breach or threatened breach of the provisions of Section 2, Buyer shall be entitled to injunctive relief restraining the Person in breach from violation of that Section without the necessity of proof of actual damage or the posting of any bond. Nothing herein shall be construed as prohibiting Buyer from pursuing any other remedy at law or in equity to which Buyer may be entitled under applicable law in the event of a breach or threatened breach of this Agreement by any member of the Seller Group, including, but not limited to, recovery of costs and expenses such as reasonable attorney’s fees incurred by reason of any such breach, actual damages sustained by Buyer as a result of any such breach, and cancellation of any payments or reimbursements otherwise outstanding at the date of termination.
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Breach; Injunctive Relief. In the event you breach this Agreement, Licensor may, in addition to its other remedies, immediately terminate your access to the Forms without prior notice. You agree that if you breach or threaten to breach this Agreement with respect to Licensor's intellectual property rights in any manner, Licensor may suffer irreparable damage, that money damages will be inadequate, and that Licensor shall be entitled to preliminary and other injunctive relief by a court of competent jurisdiction against any such breach or threatened breach, without having to wait for you to cure a breach, and without having to post a bond or other security. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies Licensor may have at law or equity.
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Breach; Injunctive Relief. The parties understand and agree that, because of the unique nature of the Proprietary Information, in the event of a breach or threatened breach of this Agreement by either party hereto, remedies at law may be inadequate to protect the other party, the other party would suffer irreparable harm and the actual damages would be impracticable or extremely difficult to determine. Therefore, the parties hereto agree that in the event of a breach or threatened breach of this Agreement by either party hereto, the other party may, without prejudice to any other remedies which it has at law or equity, immediately obtain and enforce injunctive relief prohibiting breach of this Agreement and/or an order compelling specific performance of this Agreement.
Sample 1
Breach; Injunctive Relief. The Members hereby agree the subject matter of this Agreement is unique, unusual and extraordinary in nature such that it has a peculiar value, the loss of which cannot be reasonably or adequately compensated in damages in an action at Law. Each Member, therefore, expressly agrees that the other Member, in addition to any other rights or remedies which the other Member may possess, shall be entitled to injunctive and other equitable relief to prevent or remedy a breach of this Agreement by a Member, including, without limitation, any breach arising out of a Member’s failure to perform the services described.
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Breach; Injunctive Relief. In the event of a breach of this Section 5, in addition to being entitled to exercise all rights granted by law, including recovery of damages, the Company and the Service Recipient will be entitled to specific performance of its rights under this Agreement. Participant acknowledges that the Company shall suffer irreparable harm in the event of a Breach or prospective Breach, and that monetary damages would not be adequate relief. Accordingly, the Company shall be entitled to seek injunctive relief in any federal or state court of competent jurisdiction located in New York, or in any state in which Participant resides. Participant further agrees that the Company and the Service Recipient shall be entitled to recover all costs and expenses (including attorneys’ fees and expenses) incurred in connection with the enforcement of the Company’s rights hereunder including with respect to a Breach. For the avoidance of doubt, although a breach occurring more than 12 months after Participant’s Termination shall not result in forfeiture of vested Upstairs Class B Units, the Company and its Affiliates retain all rights under law and in equity to enforce their rights (including to recover damages for breach) under this Section 5 even after the 12-month period has elapsed.
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Breach; Injunctive Relief. 11.1 In the event DTMC, or a sublicensee, commits a breach of any of its obligations under this Agreement, LOL may give DTMC written notice of the breach and if DTMC or the sublicensee does not take diligent action to correct such breach within the seven (7) day period or does not cure the breach as soon as commercially practicable LOL shall have the right to seek all such relief as is available to LOL in law and in equity, including but not limited to an action for money damages and/or injunctive relief, excluding termination. 11.2 In the event DTMC, or a sublicensee, commits a breach which has a material adverse impact on the value of one or more of the Trademarks and LOL is successful in obtaining money damages against DTMC, or a sublicensee, DTMC agrees, in DTMC's sole discretion, (i) to pay to LOL, as a right of contract which shall not be disputed by DFC, treble such damages as liquidated damages and not as punitive damages (and DFC hereby guarantees the payment of such liquidated damages) or (ii) to immediately terminate this License Agreement. 11.3 In the event DTMC, or a sublicensee, commits a breach, the parties hereby expressly agree that LOL shall have the right to injunctive relief, including but not limited to a permanent restraining order enjoining any continuing breach and/or an order that DTMC or the appropriate sublicensee take such actions as ordered by the court to ensure that the breach does not reoccur. 11.4 The parties agree that the losing party in any action brought shall pay the reasonable attorneys' fees and other costs incurred by the winning party or parties, in the prosecution or defense of such action.
Sample 1
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Related to Breach; Injunctive Relief

  • Injunctive Relief The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

  • Right to Injunctive Relief Each Party agrees that breaches of this Section 9 may cause irreparable harm to the other Party and shall entitle such other Party, in addition to any other remedies available to it (subject to the terms of this Agreement), the right to seek injunctive relief enjoining such action.

  • Specific Performance; Injunctive Relief The parties hereto acknowledge that Parent will be irreparably harmed and that there will be no adequate remedy at law for a violation of any of the covenants or agreements of Stockholder set forth herein. Therefore, it is agreed that, in addition to any other remedies that may be available to Parent upon any such violation, Parent shall have the right to enforce such covenants and agreements by specific performance, injunctive relief or by any other means available to Parent at law or in equity.

  • Remedies and Injunctive Relief Executive acknowledges that a violation by Executive of any of the covenants contained in Sections 6, 7, 8, or 9 would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, Executive agrees that, notwithstanding any provision of this Agreement to the contrary, the Company shall be entitled (without the necessity of showing economic loss or other actual damage) to injunctive relief (including temporary restraining orders, preliminary injunctions, and permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the covenants set forth in Sections 6, 7, 8, or 9 in addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under this Agreement or otherwise, and all of the Company’s rights shall be unrestricted.

  • Specific Performance and Injunctive Relief Notwithstanding the availability of legal remedies, Mortgagee will be entitled to obtain specific performance, mandatory or prohibitory injunctive relief, or other equitable relief requiring Mortgagor to cure or refrain from repeating any Default.

  • Injunctive Relief; Punitive Damages (a) The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages. (b) The Administrative Agent, the Lenders and the Borrower (on behalf of itself and the other Credit Parties) hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • Injunctive Relief for Breach Consultant’s obligations under this Agreement are of a unique character that gives them particular value; breach of any of such obligations will result in irreparable and continuing damage to Client for which there will be no adequate remedy at law; and, in the event of such breach, Client will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate).

  • Availability of Injunctive Relief In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

  • Injunctive Relief and Additional Remedy The Executive acknowledges that the injury that would be suffered by the Employer as a result of a breach of the provisions of this Agreement (including any provision of Sections 7 and 8) would be irreparable and that an award of monetary damages to the Employer for such a breach would be an inadequate remedy. Consequently, the Employer will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and the Employer will not be obligated to post bond or other security in seeking such relief.

  • Injunctive Relief Warnings 2.1 Commencing one hundred eighty (180) days after the Execution Date, Quinoa shall not sell, offer for sale, ship for sale or otherwise distribute or allow to be distributed in California any Covered Products, unless the sales and distribution of the Covered Products are in full compliance with California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements § 25601-25603 (see also: “xxx.X00Xxxxxxxx.xx.xxx.”). Covered Products that were manufactured, packed, or labeled prior to the Execution Date and up to 180 days after the Execution Date shall be permitted to be sold as previously manufactured, packed or labeled. As used in this Settlement Agreement, the term "distributing in California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Quinoa knows or has reason to know will sell the Covered Product in California.

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