Breach or Misrepresentation Clause Samples
The Breach or Misrepresentation clause defines the consequences and remedies available if one party fails to fulfill its contractual obligations or provides false or misleading information. In practice, this clause typically outlines what constitutes a breach or misrepresentation, the process for notifying the other party, and the rights of the non-breaching party, such as the ability to terminate the agreement or seek damages. Its core function is to allocate risk and provide a clear framework for addressing failures or dishonesty, thereby protecting the interests of both parties and promoting trust in the contractual relationship.
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Breach or Misrepresentation. In the event of any breach by Employee of any provision of this Agreement, COMPANY shall be entitled to seek a decree of specific performance against Employee. Such remedy, however, shall be cumulative and non-exclusive and shall be in addition to any other remedy to which COMPANY may be entitled.
Breach or Misrepresentation. In the event of any breach by Employee of any provision of this Agreement, including, without limitation, the Fourth paragraph hereof, Company shall be entitled to seek a decree of specific performance against Loanout and/or Employee, as applicable. Such remedy, however, shall be cumulative and non-exclusive, and shall be in addition to any other remedy to which Company may be entitled.
Breach or Misrepresentation. Inasmuch as the actual damages that would result from any breach of the provisions of Paragraphs 5, 6, 7 and 8, are uncertain and would be impractical and extremely difficult to fix, ▇▇. ▇▇▇▇▇ agrees that STAR shall be entitled to injunctive relief to prevent any anticipated breach of the provisions of Paragraph 5, 6, 7, and 8, in addition to any other legal or equitable relief to which STAR may be entitled under this Agreement or applicable law. Moreover, in the event of any breach of either Paragraphs 5, 6, 7 or 8 by ▇▇. ▇▇▇▇▇, and without in any way affecting any other covenant or provision in this Agreement, including, without limitation, ▇▇. ▇▇▇▇▇'▇ General Release in Paragraph 4, above, and in addition to any relief to which STAR otherwise is entitled under this Agreement or applicable law, including, but not limited to, injunctive relief and the recovery of actual damages, ▇▇. ▇▇▇▇▇ will no longer be eligible to receive any payments described in Paragraph 2 of this Agreement that are scheduled to take place, but have not yet taken place, after the date of such breach or misrepresentation.
Breach or Misrepresentation. In the event of any material breach of this Agreement or any material misrepresentation of any representation or warranty contained herein by either party, the other party shall give the breaching party written notice thereof. The breaching party shall have thirty (30) days after receipt of written notice to cure said breach. If cure is not effected within the thirty (30) day period, the nonbreaching party shall have the right to terminate this Agreement.
Breach or Misrepresentation. Any and all damage, loss, deficiency, cost or expense resulting from a misrepresentation by Seller or Company or Dover in this Agreement or Seller’s or Company’s or Dover’s breach of any warranty in this Agreement, or from non-fulfillment of any obligations hereunder on the part of Seller.
Breach or Misrepresentation. Any and all damage, loss, deficiency, cost or expense resulting from a misrepresentation by Buyer in this Agreement or Buyer’s breach of any warranty in this Agreement, or from non-fulfillment of any obligations hereunder on the part of Buyer.
Breach or Misrepresentation. Either OlympuSAT or IMG, in addition to whatever other remedies it may have, may elect to terminate this Agreement and be relieved of any further liabilities and obligations hereunder (except as otherwise provided herein), if the other has made any misrepresentation herein or breaches any of its obligations hereunder and such misrepresentation or breach (which shall be specified in such notice) is not cured within thirty (30) days of such notice or such misrepresentation or breach is material and has not been or cannot be cured within fifteen (15) business days of such notice.
Breach or Misrepresentation. In the event of any breach by Executive of any provision of this Agreement, Company shall be entitled to seek a decree of specific performance against Executive. Such remedy, however, shall be cumulative and non-exclusive and shall be in addition to any other remedy to which Company may be entitled.