Consequences of Breach of Covenant Not to Xxx Sample Clauses

Consequences of Breach of Covenant Not to Xxx. If a party sues the other in violation of the Covenant Not To Xxx in paragraph (3) above, then such party shall be liable to the other for its reasonable attorneys’ fees and other litigation costs incurred in defending against such lawsuit. Alternatively, if you xxx a Releasee in violation of the Covenant Not To Xxx, the Company, at the Company’s option: (a) shall be entitled to apply for and receive an injunction to restrain any violation of paragraph (3) above, (b) shall not be obligated to continue payment of the Separation Compensation to me, and (c) can require me to return all but $5,000.00 of the Separation Compensation paid or made available to me. The parties further agree that the foregoing covenants in this paragraph (4) shall not affect the validity of this Waiver and Release Agreement and shall not be deemed to be a penalty nor a forfeiture.
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Consequences of Breach of Covenant Not to Xxx. Cisel further acknowledges and agrees that if he breaches the provisions of Section 4 above, then he shall be obligated to pay to Ameren its costs and expenses in enforcing this Agreement and defending against such lawsuit (including court costs, expenses and reasonable legal fees). Alternatively, at Ameren’s option: (i) Ameren shall not be obligated to continue payment of the pay and/or benefits under this Agreement to Cisel, and (ii) Cisel shall be obligated upon demand to repay to Ameren all but $15,000.00 of pay and/or benefit paid or made available to Cisel. Cisel further agrees that the covenants in this Section 7 shall not affect the validity of this Agreement and shall not be deemed to be a penalty nor a forfeiture.
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Consequences of Breach of Covenant Not to Xxx. Xxxxxxx further acknowledges and agrees that if he breaches the provisions of Section 4, then he shall be obligated to pay to Ameren its costs and expenses in enforcing this Agreement and defending against such lawsuit (including court costs, expenses and reasonable legal fees). Alternatively, at Ameren’s option: (i) Ameren shall be entitled to apply for and receive an injunction to restrain any violation of Section 3 above, (ii) Ameren shall not be obligated to continue payment of the pay and/or benefits under this Agreement to Xxxxxxx, and (iii) Xxxxxxx shall be obligated upon demand to repay to Ameren all but $10,000.00 of pay paid or made available to Xxxxxxx. Xxxxxxx further agrees that the covenants in this Section shall not affect the validity of this Agreement and shall not be deemed to be a penalty nor a forfeiture.
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Related to Consequences of Breach of Covenant Not to Xxx

  • Consequences of Breach Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Tenderer(s)/Contractor(s) and the Tenderer/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right:

  • Breach of Covenant The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

  • Breach of Covenants If the Company breaches any of the covenants set forth in this Section 4, and in addition to any other remedies available to the Buyer pursuant to this Agreement, it will be considered an event of default under Section 3.4 of the Note.

  • Non-Waiver of Breach The waiver by any party hereto of the other party’s prompt and complete performance, or breach or violation, of any term or provision of this Agreement shall be effected solely in a writing signed by such party, and shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any party hereto to exercise any right or remedy which he or it may possess shall not operate nor be construed as the waiver of such right or remedy by such party, or as a bar to the exercise of such right or remedy by such party, upon the occurrence of any subsequent breach or violation.

  • Waiver of Breach The waiver by either party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.

  • Waiver of Breach and Severability The waiver by either party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party. In the event any provision of this Agreement is found to be invalid or unenforceable, it may be severed from the Agreement and the remaining provisions of the Agreement shall continue to be binding and effective.

  • Consequences of Event of Default In every such event (other than an event with respect to the Borrower described in clause (l) of Section 7.01), and at any time thereafter during the continuance of such event, the Administrative Agent may, and at the request of the Required Lenders shall, by notice to the Borrower, take either or both of the following actions, at the same or different times: (i) terminate the Commitments, and thereupon the Commitments shall terminate immediately, and (ii) declare the Loans then outstanding to be due and payable in whole (or in part, in which case any principal not so declared to be due and payable may thereafter be declared to be due and payable), and thereupon the principal of the Loans so declared to be due and payable, together with accrued interest thereon and all fees and other obligations of the Borrower accrued hereunder, shall become due and payable immediately, without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; and in case of any event with respect to the Borrower described in clause (l) of Section 7.01, (i) the Commitments shall automatically terminate, and (ii) the principal of the Loans then outstanding, together with accrued interest thereon and all fees and other obligations of the Borrower accrued hereunder, shall automatically become due and payable, without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower.

  • Waiver of Breach; Specific Performance The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. Each of the parties to this Agreement will be entitled to enforce this Agreement, specifically, to recover damages by reason of any breach of this Agreement, and to exercise all other rights existing in that party’s favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce or prevent any violations of the provisions of this Agreement.

  • Notification of Breach During the term of this Agreement:

  • Effect of Breach In the event that Executive breaches any provision of this Agreement, Executive agrees that the Company may suspend all payments to Executive under this Agreement (including any Severance Payment), recover from Executive any damages suffered as a result of such breach and recover from Executive any reasonable attorneys’ fees or costs it incurs as a result of such breach. In addition, Executive agrees that the Company may seek injunctive or other equitable relief, without the necessity of posting bond, as a result of a breach by Executive of any provision of this Agreement.

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