Breaches of Agreement. Hexcel’s obligation to make payments to Employee hereunder is subject to the further conditions precedent (a) that Employee has not breached or violated any term, convenant or provision of this Agreement, including, without limitation, those set forth in Section 3.2, and (b) Employee has not engaged in any of the acts mentioned in Section 4.2 while an employee of Hexcel, which acts are discovered subsequent to Employee’s retirement or other termination of employment. In case of any such breach or violation under clause (a) or if Employee has engaged in the acts referred to in clause (b) all of Employee’s rights and benefits hereunder shall terminate.
Breaches of Agreement. 21.1 Breaches defined 21.2 Injunctive relief
Breaches of Agreement. 21.1 The Developer shall be deemed to be in breach of this agreement if there is:
Breaches of Agreement. The Parties expressly understand that both direct and indirect breaches of the provisions of this Agreement are proscribed. Therefore, the Settling Claimants, PG&E Corporation, their respective Releasors, and Edison International, on the one hand, and the El Paso Releasors, on the other hand, covenant that each will not institute or prosecute, against the other or their respective Releasees any action or other proceeding based in whole or in part upon their respective Claims released by this Agreement, except as expressly permitted in Paragraph 5 of this Agreement.
Breaches of Agreement. The Parties expressly understand that both direct and indirect breaches of the provisions of this Agreement are proscribed. Therefore, the Settling Claimants covenant that each will not institute or prosecute, directly or indirectly, any action or other proceeding based in whole or in part upon their respective Claims released by this Agreement, except as expressly permitted in Paragraph 5.2 of this Agreement.
Breaches of Agreement. 5.1 The Applicant agrees that Misuse by the Applicant or by a Project Member is a fundamental breach of this Agreement.
Breaches of Agreement. (a) In the event of any breach by any of the parties of the terms and conditions of this Agreement, and in the event of such party remaining in default after twenty (20) working day's written notice calling for rectification of the matter, the other party shall be entitled to:
Breaches of Agreement. The Parties expressly understand that both direct and indirect breaches of the provisions of this Agreement are proscribed. Therefore, each of the Customer and CalAmp covenants that it will not institute or prosecute, directly or indirectly, any action or other proceeding based in whole or in part upon (i) the CalAmp AO2 Released Claims and the Customer AO2 Released Claims, subject to the occurrence of the Closing Date and (ii) the CalAmp AO3 Released Claims and the Customer AO3 Released Claims, subject to the occurrence of the AO3 Release Date. Nothing in this Paragraph shall prohibit or interfere with (A) the Customer's right to setoff or recoup as set forth in Paragraph 3.1(c) of this Agreement or (B) either parties' right to assert that an event has occurred that nullifies and voids the Forbearance or CalAmp Forbearance as set forth in Paragraphs 4.3 and 4.4 of this Agreement.
Breaches of Agreement. OlympuSAT and IMG each agrees to indemnify, defend, and hold harmless the other party, its parent, subsidiary and affiliated companies and entities and their respective officers, directors, employees and agents from and against any and all damages, liabilities, costs and expenses (including reasonable Attorneys' Fees) arising out of any breach of any of its respective representations or obligations pursuant to this Agreement. The provisions of this Section 9.1 shall apply, without limitation, to claims brought by either party hereto against the other. If either OlympuSAT or IMG brings an action against the other in order to enforce any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable Attorneys' Fees in addition to any other available remedy.
Breaches of Agreement. Contractor agrees that if it breaches any term or condition of this Agreement, the remaining provisions, clauses, and/or articles of this Agreement, or parts thereof, remain valid and in full force or effect. The parties have executed this Agreement on the Effective Date. CONTRACTOR SUTOER SOLUTIONS, lNC. By: /s/ Vxxxxx Xxxxxxxxx By: /s/ Kare A Suda Name: Vxxxxx Xxxxxxxxx Name: Kare A Suda Its: President & CEO Its: President EXHIBIT A Riverside Publishing Houghton Mifflin Harcourt Pro Unlimited
