Common use of Breach of Agreement Remedies Clause in Contracts

Breach of Agreement Remedies. If either party believes that the other has materially breached any provision of this Agreement, the party alleging the breach shall deliver notice to the other party, specifying the nature of the alleged breach. The party alleged to be in breach shall have sixty (60) days from the date of mailing of such notice in which to attempt to cure the alleged breach. During such sixty (60) day period, either party may request a personal meeting between the parties in which to negotiate in good faith to attempt to resolve the dispute. If such negotiations are unsuccessful and the alleged breach has not been cured by the end of such sixty (60) day period, the party alleging the breach may pursue any and all rights and remedies that it has under this agreement, at law or in equity. The parties agree that the remedy at law for any breach of its covenant not to compete and its covenant of confidentiality shall be inadequate and that irreparable harm shall be presumed, and the other party shall be entitled to injunctive relief, in addition to any other remedy it might have, including damages and the right to recover reasonable attorneys' fees, if it becomes necessary for the injured party.

Appears in 2 contracts

Samples: Marketing Agreement (Schimatic Cash Transactions Network Com Inc), Marketing Agreement (Schimatic Cash Transactions Network Com Inc)

AutoNDA by SimpleDocs

Breach of Agreement Remedies. If either party believes that the other has materially breached any provision of this Agreement, the party alleging the breach shall deliver notice to the other party, specifying the nature of the alleged breach. The party alleged to be in breach shall have sixty (60) days from the date of mailing of such notice in which to attempt to cure the alleged breach. During such sixty (60) day period, either party may request a personal meeting between the parties in which to negotiate in good faith to attempt to resolve the dispute. If such negotiations are unsuccessful and the alleged breach has not been cured by the end of such sixty (60) day period, the party alleging the breach may pursue any and all rights and remedies that it has under this agreementAgreement, at law or in equity. The parties agree that the remedy at law for any breach of its covenant not to compete and its covenant of confidentiality shall be inadequate and that irreparable harm shall be presumed, and the other party shall be entitled to injunctive relief, in addition to any other remedy it might have, including damages and the right to recover reasonable attorneys' fees, if it becomes necessary for the injured party.

Appears in 2 contracts

Samples: Marketing Agreement (Schimatic Cash Transactions Network Com Inc), Marketing Agreement (Schimatic Cash Transactions Network Com Inc)

AutoNDA by SimpleDocs

Breach of Agreement Remedies. If either party believes that the other has materially breached any provision of this Agreement, the party alleging the breach shall deliver notice to the other party, specifying the nature of the alleged breach. The party alleged to be in breach shall have sixty (60) days from the date of mailing of such notice in which to attempt to cure the alleged breach. During such sixty (60) day period, either party may request a personal meeting between the parties in which to negotiate in good faith to attempt to resolve the dispute. If such negotiations are unsuccessful and the alleged breach has not been cured by the end of such sixty (60) day period, the party alleging the breach may pursue any and all rights and remedies that it has under this agreementAgreement, at law or in equity. The parties agree CardOne agrees that the remedy at law for any breach of its covenant not to compete and its covenant of confidentiality shall be inadequate and that irreparable harm shall be presumed, and the other party IC One shall be entitled to injunctive relief, in addition to any other remedy it might have, including damages and the right to recover reasonable attorneys' fees, if it becomes necessary for IC One to enforce such covenants. CardOne specifically releases IC One from the injured partyrequirement of posting any bond in connection with temporary or interlocutory injunctive relief, to the extent permitted by law.

Appears in 1 contract

Samples: Purchase Agreement (Schimatic Cash Transactions Network Com Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.