Common use of Breach; Remedies Clause in Contracts

Breach; Remedies. If you breach this Agreement or any other agreement referenced herein, you agree that: (i) the Company shall be relieved of its obligations to make any further payments to you under Section 2; (ii) the Company will be entitled to seek recovery of the payment already made to you pursuant to Section 2; and (iii) the Company shall be entitled to recover its attorneys’ fees and costs incurred in enforcing its rights under this Agreement should it prevail in any such action, to the extent such recovery is not prohibited by law. This Agreement in all other respects, including, but not limited to, the release provision in Section 4, shall remain in full force and effect. The remedies in this Section shall be in addition to, and not as an alternative to, any other available remedies.

Appears in 2 contracts

Samples: Severance Agreement (Zenas BioPharma, Inc.), Severance Agreement (Zenas BioPharma, Inc.)

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Breach; Remedies. If you materially breach this Agreement Agreement, the NDA, the Option, or any other agreement referenced herein, you agree that: that (i) the Company shall be relieved of its obligations to make any further payments to you under Section 22 of this Agreement or under the Consulting Agreement; (ii) the Company will be entitled to seek recovery recover 95% of the payment severance payments already made to you pursuant to Section 2; and (iii) the Company shall be entitled to recover its attorneys’ fees and costs incurred in enforcing its rights under this Agreement should it prevail in any such actionAgreement, to the extent such recovery is not prohibited by law. This Agreement in all other respects, including, but not limited to, the release provision provisions in Section 44(a), shall remain in full force and effect. The remedies in this Section shall be in addition to, and not as an alternative to, any other available remediesremedies at law or in equity.

Appears in 1 contract

Samples: Separation Agreement (SQZ Biotechnologies Co)

Breach; Remedies. If you breach this Agreement or any other agreement referenced hereinherein (including the Nondisclosure Agreement), you agree that: (i) the Company shall be relieved of its obligations to make any further payments to you under Section 2; (ii) the Company will be entitled to seek recovery of the payment recover payments already made to you pursuant to Section 2Sections 2(a) and (b) if such breach is finally adjudicated in a court of law; and (iii) the Company shall be entitled to recover its attorneys’ fees and costs incurred in enforcing its rights under this Agreement should it prevail in any such actionAgreement, to the extent such recovery is not prohibited by law. This Agreement in all other respects, including, but not limited to, the release provision provisions in Section 4Sections 4(a) and (b), shall remain in full force and effect. The remedies in this Section shall be in addition to, and not as an alternative to, any other available remediesremedies at law or in equity.

Appears in 1 contract

Samples: Severance Agreement (Bluebird Bio, Inc.)

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Breach; Remedies. If you breach this Agreement or any other agreement referenced hereinherein (including the Nondisclosure Agreement), you agree that: (i) the Company shall be relieved of its obligations to make any further payments to you under Section 2; (ii) the Company will be entitled to seek recovery of the payment recover payments already made to you pursuant to Section 2Sections 2(a)-(b); and (iii) the Company shall be entitled to recover its attorneys’ fees and costs incurred in enforcing its rights under this Agreement should it prevail in any such actionAgreement, to the extent such recovery is not prohibited by law. This Agreement in all other respects, including, but not limited to, the release provision provisions in Section 4Sections 4 and 5, shall remain in full force and effect. The remedies in this Section shall be in addition to, and not as an alternative to, any other available remediesremedies at law or in equity.

Appears in 1 contract

Samples: Severance Agreement (Bluebird Bio, Inc.)

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