Breach or Misrepresentation Sample Clauses

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.
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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.
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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.
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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.
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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, Xx. Xxxxx 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 Xx. Xxxxx, and without in any way affecting any other covenant or provision in this Agreement, including, without limitation, Xx. Xxxxx'x 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, Xx. Xxxxx 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.
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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.
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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.
Sample 1
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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.
Sample 1

Related to Breach or Misrepresentation

  • No Misrepresentation The representations and warranties of the Company contained in this Agreement, any schedule, annex or exhibit hereto and any agreement, instrument or certificate furnished by the Company to the Investors pursuant to this Agreement, do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

  • Misrepresentation Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.

  • Misrepresentations Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

  • No Fraud or Misrepresentation To the best of the Seller’s knowledge, each Receivable that was originated by a Dealer was sold by the Dealer to the Seller and by the Seller to the Purchaser without any fraud or misrepresentation on the part of such Dealer or the Seller, respectively.

  • No Misrepresentations The reports and other submittals by Seller to Buyer under this Agreement are not false or misleading in any material respect.

  • No Misrepresentation or Breach of Covenants and Warranties (a) There shall have been no breach by either of Seller or Parent in the performance of any of its respective covenants and agreements contained herein; and (b) each of the representations and warranties of Seller and Parent contained in this Agreement shall be true and correct on the date of this Agreement and the Closing Date as though made on the Closing Date (except to the extent that they expressly speak as of a specific date or time other than the Closing Date, in which case they need only have been true and correct as of such specified date or time), except for changes (i) therein specifically permitted by this Agreement or (ii) resulting from any transaction expressly consented to in writing by Buyer or any transaction contemplated by this Agreement; provided, that, in the case of each of clauses (a) and (b) above, except where the failure of such representations and warranties to be true and correct (without giving effect to any limitation as to “materiality” or “Material Adverse Effect” set forth in such representations and warranties), or the failure to perform such covenants and agreements, individually or in the aggregate, has not had and could not reasonably be expected to have a Material Adverse Effect. In addition, Parent shall have delivered to Buyer a certificate, dated as of the Closing Date, signed by an officer of Parent and certifying as to the satisfaction of the conditions specified in clauses (a) and (b) above.

  • Breach of Representation or Warranty Any representation or warranty made or deemed made by Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

  • Breach of Warranties In the event of any breach, or reasonably anticipated breach, of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Exodus will have the right immediately, in Exodus' sole discretion, to suspend any related Internet Data Center Services if deemed reasonably necessary by Exodus to prevent any harm to Exodus and its business.

  • Breach of Warranty Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

  • Breach by Seller In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser’s default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser.

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