Breach or Violation Clause Samples

Breach or Violation. Seller shall have obtained, or caused to be obtained, each consent and approval necessary in order that the transactions contemplated herein not constitute a breach or violation of, or result in a right of termination or acceleration of, or creation of any encumbrance on any of the Assets, pursuant to the provisions of any agreement, arrangement or undertaking of or affecting Seller or any license, franchise or permit of or affecting Seller.

Breach or Violation. The Borrower shall not, and shall not cause, permit or suffer any other Group Member to, enter into any agreement containing any provision that would be violated or breached by the performance of the Borrower's or any other Group Member's obligations under this Agreement, the Notes or any of the other Loan Documents.

Breach or Violation. Neither Party is responsible for the other’s violations of the Privacy Rule unless a pattern of activity or practice that constitutes a material breach or violation of the Privacy Rule is known, in which case the further delivery of Participant Data or MPOG Data will be withheld. If this is not possible, the breach will be reported to the Secretary.

Breach or Violation. Without limiting or waiving in any respect any rights or remedies of any party hereto under this Agreement or hereinafter existing at law or in equity or by statute, each of the Parties hereto shall be entitled to seek injunctive relief or specific performance of the obligations to be performed by the other Parties in accordance with the provisions of this Agreement.

Breach or Violation. Employee and Trex agree that, in the event of violation of the provisions of this Agreement, in addition to any damages allowed by law or as otherwise provided for in this Agreement, Employee and Trex shall be entitled to injunctive relief. In addition and without limiting the generality of the preceding sentence, if Employee fails to comply with Employee’s obligations or the conditions set forth in Section 14, 15, 16 or 17 of this Agreement or Section 2, 3, 4 or 5 of the 2004 Agreement on one or more occasions, Employee shall be required to and shall, within fifteen (15) days after Employee’s receipt of written notice to Employee from Trex, repay to Trex the full amount of the Severance Payments previously paid by Trex and shall not be entitled to any additional Severance Payments. The provision of notice by Trex and the payment by Employee in accordance with the preceding sentence shall not constitute an election of remedies by Trex, which, consistent with the first sentence of this Section 25, shall continue to be entitled to any and all remedies provided at law or equity for Employee’s failure to comply as set forth in the preceding sentence. In the event of a judicial determination that any restriction contained in this Agreement is unreasonable, Employee and Trex agree that the court may modify such restriction to make it reasonable prior to granting any injunctive relief.

Breach or Violation. The Parties hereto acknowledge that any breach of Section 7 would cause the non-breaching Party substantial irreparable injury. The Parties agree that in the event of any such breach, in addition to any damages allowed by law, the non-breaching Party shall be entitled to injunctive and/or other equitable relief.

Breach or Violation. Provider is not responsible for Recipient’s violations of the HIPAA Privacy Rule unless Provider knows of a pattern of activity or practice that constitutes a material breach or violation of the HIPAA Privacy Rule. HIPAA defined violations, including those rising to the level of a breach, will be reported to the Secretary of the Department of Health and Human Services (“DHHS”).

Breach or Violation. The execution and delivery of each of the Offering Documents and the Transaction Documents, the performance by the Company of its obligations hereunder or thereunder and the issuance, sale and delivery of the Common Shares and Warrants that comprise the Offered Securities and the Compensation Options and the issuance and delivery of the Warrant Shares and Compensation Shares upon the exercise of the Warrants and Compensation Options, as applicable, do not and will not: (i) require the consent, approval, authorization, registration or qualification of or with any Governmental Authority, stock exchange, Securities Commissions or other third party, except such as have been obtained or such as may be required (and shall be obtained by the Company prior to the Closing Time) under Applicable Securities Laws or stock exchange regulations; or (ii) result in a breach of or default under, and do not and will not create a state of facts which, after notice or lapse of time or both, will result in a breach of or default under, and do not and will not conflict with: (A) any of the terms, conditions or provisions of the articles, by laws or resolutions of the shareholders, directors or any committee of directors of the Company or any Subsidiary or any Material Agreement to which the Company or any Subsidiary is a party or by which it or they are contractually bound; or (B) any statute, rule, regulation or law applicable to the Company or any Subsidiary, including, without limitation, the Applicable Securities Laws, or any judgment, order or decree of any Governmental Authority or court having jurisdiction over the Company; and (iii) do not affect the rights, duties and obligations of any parties to any Material Agreement to which the Company or any Subsidiary is a party, nor give a party the right to terminate any such Material Agreement by virtue of the application of terms, provisions or conditions in such Material Agreement;

Breach or Violation. The Parties hereto acknowledge that any breach of Article V may cause the non-breaching Party substantial irreparable injury. The Parties agree that in the event of any such breach, in addition to any damages allowed by law, the non-breaching Party shall be entitled to injunctive and/or other equitable relief.