Breach of this Agreement. If the Executive commits a breach, or threatens to commit a breach, of any of the provisions of Sections 7, 8 or 9 of this Agreement, then the Company shall have the right and remedy to have those provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed by the Executive that the rights and privileges of the Company granted in Sections 7, 8 and 9 are of a special, unique and extraordinary character and any such breach or threatened breach will cause great and irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company.
Breach of this Agreement. Employee acknowledges that upon breach of the confidential and proprietary information provision contained in Section 13 of this Agreement, the Company would sustain irreparable harm from such breach, and, therefore, Employee agrees that in addition to any other remedies which the Company may have for any breach of this Agreement or otherwise, including termination of the Company's obligations to provide benefits to Employee as described in Sections 2, 3 and 5 of this Agreement, the Company shall be entitled to obtain equitable relief, including specific performance and injunctions, restraining Employee from committing or continuing any such violation of this Agreement.
Breach of this Agreement. You promise to abide by the terms and conditions in this Agreement and understand that if you do not, the Company is entitled to seek damages and injunctive relief.
Breach of this Agreement. 6.1. In the event that you, or any of your invited guests, are deemed by the University to be in breach any of the conditions of this Agreement, the University reserves the right to take any action the University deems appropriate, including termination of this Agreement in accordance with the provisions of Clauses 7 and 8 below. However, the University may also:
6.1.1. consider the matter as an offence under the University’s General Regulation IV Discipline; or
6.1.2. where the University considers the breach as amounting to a criminal offence, immediately refer the matter to appropriate law enforcement and notify the University Secretary under the Terms of the University’s Code of Practice on Notification of Misconduct to the Police and Internal Action;
6.2. In addition to any of the sanctions under the University’s General Regulation IV Discipline, if misconduct on your part or the part of any of your guests results in damage to the University’s property or if the University suffers any other loss as a consequence of such breach, you will be issued with a demand for the reasonable cost of repairing the damage caused by your breach and, as appropriate, with a demand to make good other losses. You undertake to pay any such charges within fourteen (14) days of notification that such sums are due and owing. In the event that you fail to pay such sums on expiry of this fourteen (14) day period, the University will consider the breach as constituting an offence under the University’s General Regulation IV Discipline and may result in further disciplinary action.
Breach of this Agreement. If a court of competent jurisdiction determines that either party has breached or failed to perform any part of this Agreement, the parties agree that the non-breaching party shall be entitled to injunctive relief to enforce this Agreement and that the breaching party shall be responsible for paying the non-breaching party’s costs and attorneys’ fees incurred in enforcing this Agreement.
Breach of this Agreement. 7.1 Subject to clause 7.3 in the event of failure by the Project Authority Lead to achieve the Project Agreed Outputs or a breach by either Party of any other obligations under this Agreement the Parties shall attempt to resolve the failure by following the following procedure prior to dealing with the matter in accordance with the procedure set out in clause 8:
(a) The non-defaulting Party shall serve a Notice of Breach on the defaulting Party. Such Notice of Breach shall identify the breach and shall require the defaulting Party to take specified rectification action within twenty (20) Working Days of receipt of the Notice of Breach or such longer period as the non-defaulting Party considers reasonable.
(b) If the defaulting Party fails to take the action specified within the Notice of Breach within twenty (20) Working Days or such other period as is specified the non-defaulting Party shall refer the matter to the Joint Committee to decide whether the breach by the defaulting Party shall be treated as a Notification Event.
(c) If the Joint Committee decides that the breach by the defaulting Party shall be treated as a Notification Event clause 8 shall apply.
7.2 If either Party reasonably considers that any action or omission by the other Party has caused a potential risk of a Notification Event occurring the Party who reasonably considers that the other Party has caused such potential risk shall have the right to regard the action or omission of the other Party as a breach of obligations under this Agreement and shall have the right to follow the procedure in clause 7.1 as the non-defaulting Party.
7.3 The Accountable Body reserves the right at its absolute discretion to treat breach by the Project Authority Lead as a Notification Event without first following the procedure in clause 7.1 and shall be obliged to do so if the Welsh Government exercises its right under the Funding Award Letter to treat the failure as a Notification Event.
Breach of this Agreement. You may choose to deal with this ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .
Breach of this Agreement. If you know of a material breach of the terms of this Agreement by us, you may (a) terminate this Agreement and the Services immediately upon written notice if you reasonably determine that cure is not possible or (b) provide us written notice of that breach in sufficient detail to enable us to understand the specific nature of that breach and afford the us at least thirty (30) days’ notice to cure the breach. If we fail to cure the breach within the thirty (30) day notice period, you may immediately terminate this Agreement and the Services upon written notice to us. If we know of a material breach of the terms of this Agreement by you, we may (a) terminate this Agreement and the Services immediately upon written notice if we reasonably determine that cure is not possible or (b) provide you written notice of that breach in sufficient detail to enable you to understand the specific nature of that breach and afford the you at least thirty (30) days’ notice to cure the breach. If you fail to cure the breach within the thirty (30) day notice period, we may immediately terminate this Agreement and the Services upon written notice to you.
Breach of this Agreement. Subject to the limitations set forth in section 6(d) of this Agreement, each party agrees to indemnify and hold the other party, its affiliates, shareholders, directors, officers, employees, customers, successors and assigns harmless against all liabilities, claims, costs, damages, losses and expenses, including reasonable legal fees and related costs, which the indemnified party incurs by reason of the defaulting party's failure to perform its obligations under this Agreement. If a claim, demand or suit is presented or filed against the nondefaulting party and indemnification by the nondefaulting party is sought pursuant to this provision, the nondefaulting party shall give prompt notice to the defaulting party and provide reasonable assistance to and cooperation with the defaulting party, at the defaulting party's cost, in the settlement or defense of the claim, demand or suit. The right of indemnification shall be extinguished if the nondefaulting party fails to give notice of the claim, demand or suit, or settles the same without the written consent of the defaulting party.
Breach of this Agreement. 6.1 If You:
(a) discontinue or withdraw from the Commonwealth Funded Internship and consequently the Initiative, after commencing the Commonwealth Funded Internship;
(b) are excluded, suspended or terminated from the Commonwealth Funded Internship at any time after commencing the Commonwealth Funded Internship;
(c) do not gain General Registration as a Medical Practitioner within 18 months after commencement of the Commonwealth Funded Internship;
(d) do not complete an Approved Return of Service Placement in accordance with clause 3.1(b) and (c), excluding any period of deferral under clause 4.1;
(e) fail to Work in an Approved Return of Service Placement for the Return of Service Period in accordance with clause 3.1(c); then You will have breached this Agreement, unless the Department in its discretion otherwise determines, and clause 7 and 8 will apply.
6.2 Apart from recovery of the Commonwealth Internship Cost under clause 7, the Department will not seek damages in respect of any breach of this Agreement by You.
6.3 If You breach this Agreement under clause 6.1 the Department may, in its absolute discretion, immediately terminate this Agreement by written notice to You.
6.4 If the Department terminates this Agreement under clause 6.3, then clauses 7 and 8 and any other provision in this Agreement which enables the Department to recover money from You for breach under clause 6.1 will survive that termination.
