Breach; Remedy. If any party committed a material breach of its obligations under this Agreement, the non-breaching party shall first give written notice of breach to the breaching party and request the breaching party to correct the breach within thirty (30) days from the date of its receipt of the notice unless expressly provided otherwise in this Agreement, including but not limited to section 12. In the event that the breaching party failed to correct the breach within the curing period, the non-breaching party shall then be entitled to claim damages from the breaching party. The remedies under this Section 7.3 shall be in addition to any other remedies available to the non-breaching party.
Breach; Remedy. Prior to closing of the sale, in the event that KPB or SELLER fails to make any payment required, or fails to submit or execute any and all documents and papers necessary for closing and transfer of title within the time period specified in this agreement, the SELLER or KPB may terminate this Agreement.
Breach; Remedy. If Contractor, after having commenced work, fails to complete the Plugging Project in accordance with the Project Requirements as set forth in this Agreement, as determined by the ODNR in its sole and absolute discretion, Contractor shall be in breach of this Agreement, and ODNR will not have any obligation to make payments to Contractor under this Agreement. Landowner shall not be liable to Contractor for any sums not paid to Contractor by ODNR.
Breach; Remedy. I understand and agree that the Company shall have the right to bring legal action to enforce this Agreement and to recover monetary or other damages resulting from a breach of the Agreement by me. This right includes but is not limited to the Company’s right to obtain injunctive relief to restrain any breach or threatened breach of the Agreement by me or otherwise to specifically enforce any provision of this Agreement. In addition, I acknowledge and understand that if I breach any provision of this Agreement, I will cease to be eligible for payments and benefits under this Agreement and the Company may, in its sole discretion, discontinue remaining payments and benefits, if any, and may require me to reimburse the value of payments and benefits previously received.
Breach; Remedy. In the event of breach of this Agreement by a Party (“Breaching Party”), the Party suffering the breach (“Serving Party”) shall serve upon the Breaching Party a written notice of breach (“Notice of Breach”) detailing the Breaching Party’s non-compliance with the obligations set forth in this Agreement. Except for a breach caused by failure to timely pay project costs or pay for Water Service, a Breaching Party shall have a cure period (“Cure Period”) of thirty (30) calendar days after receipt of the Notice of Breach within which to cure or otherwise comply with those obligations violated and set forth in the Notice of Breach. Should the Breaching Party fail to timely cure or otherwise comply with such violated obligations, then, the Serving Party may (i) terminate this Agreement effective as of the end of the Cure Period unless the Breaching Party’s failure to cure or otherwise timely comply with those obligations violated is due to an event of Force Majeure hereunder; and (ii) pursue any and all remedies available in law, equity, and under this Agreement.
Breach; Remedy. I understand and agree that the Company shall have the right to bring legal action to enforce this Agreement and to recover monetary or other damages resulting from a breach of the Agreement, or of my continuing obligations under the Employment Agreement, by me. This right includes but is not limited to the Company’s right to obtain injunctive relief to restrain any breach or threatened breach of the Agreement or the Employment Agreement by me or otherwise to specifically enforce any provision of this Agreement or the Employment Agreement. In addition, I acknowledge and understand that if I breach any provision of this Agreement or the Employment Agreement, or become employed by, or provide services as a contractor or consultant to, Wal-Mart Stores, Inc., Costco Wholesale Corporation, Sam’s Clubs, or any of their respective subsidiaries or affiliates, I will cease to be eligible for payments and benefits under this Agreement and the Company may, in its sole discretion, discontinue remaining payments and benefits, if any, and may require me to reimburse the value of payments and benefits previously received.
Breach; Remedy. If Xx. Xxxxxx breaches or threatens to breach any obligations under this Agreement, LMI and Released Parties may experience irreparable harm for which money damages will not provide an adequate remedy. LMI or any Released Party may seek appropriate equitable relief in addition to legal relief. Furthermore, in the event of a breach by Xx. Xxxxxx, the Parties expressly agree that LMI shall be relieved of any further obligation to make any payments or provide any benefits required under this Agreement and the Severance Pay paid under Section 2 hereof shall, upon demand by LMI, be repaid by Xx. Xxxxxx within ten (10) days of such demand. In the event of a breach by either Party or any action by either Party to enforce the terms of this Agreement, except as provided in Section 3.d(ii) above for any action brought to challenge the validity, enforceability, or knowing and voluntary nature, of this release under the Age Discrimination in Employment Act, if LMI at all prevails in any action to enforce the Agreement or remedy the breach, it shall be entitled to recover from the other party its costs, including attorneys' fees, incurred to enforce this Agreement or to defend such action. This remedy is in addition to, and shall not supersede or replace, the fee recovery provisions of Section 3.e. by which the Released Parties shall recover attorneys’ fees and costs for the defense of any action or claims brought in violation of the terms of Paragraph 3.
Breach; Remedy. If Employee breaches or threatens to breach any obligations under this Agreement, the Company and Released Parties may experience irreparable harm for which money damages will not provide an adequate remedy. The Company or any Released Party may seek appropriate equitable relief in addition to legal relief. Furthermore, in the event of a breach by Employee, the Parties expressly agree that Company shall be relieved of any further obligation to make any payments required hereunder and any Severance Benefit paid under Paragraph 1 shall, upon Company demand, be repaid by Employee within ten (10) days of such demand. If the Company or a Released Party brings an action to enforce the provisions of this Agreement or is a party to an action brought by Employee, except as provided in Paragraph 2.d. above, the Company shall be entitled to recover from Employee the costs and attorney’s fees that the Company incurs to enforce or defend this Agreement if the Company at all prevails. These remedies are in addition to, and shall not superseded or replace, the fee recovery provisions of Paragraph 2.e. by which the Released Parties shall recover attorneys’ fees and costs for the defense of any action or claims brought contrary to the releases of claims provided in Paragraph 2.
Breach; Remedy. 3.6.1 In the event of breach of this Agreement by a Party (“Breaching Party”), the Party suffering the breach (“Serving Party”) shall serve upon the Breaching Party a written notice of breach (“Notice of Breach”) detailing the Breaching Party’s non- compliance with the obligations set forth in this Agreement. Except for a breach described in Section 3.6.2, and 3.6.3 below, a Breaching Party shall have a cure period (“Cure Period”) of thirty (30) calendar days after receipt of the Notice of Breach within which to cure or otherwise comply with those obligations violated and set forth in the Notice of Breach. If the Breaching Party fails to timely cure or otherwise comply with such violated obligations, then, unless the Breaching Party’s failure to cure or otherwise timely comply with those obligations violated is due to an event of Force Majeure, the Serving Party may, subject to the mediation requirements of Section 3.15 below, pursue any and all remedies available in law, equity, and under this Agreement.
Breach; Remedy. Prior to closing of the sale, in the event that KPB or Greens fail to make any payment required, or fail to submit or execute any and all documents and papers necessary for closing and transfer of title within the time period specified in this agreement, Greens or KPB may terminate this agreement.
