Damages and Remedies. In the event of an anticipated, threatened, or actual breach by the Participant of any of the provisions of this Section 20, the Corporation and its Affiliates shall be entitled to all damages available as a matter of law. The Participant acknowledges and agrees that any damages would not be an adequate remedy to compensate the Corporation or an Affiliate for the harm to the business of the Corporation or the Affiliate and, in such event, agrees that the Corporation or the Affiliate, as applicable, shall be entitled to a temporary restraining order and to injunctive relief to prevent or terminate such anticipated or actual breach, provided, however, that nothing in this Award Agreement shall be construed to limit any additional relief to which the Corporation or the Affiliate may be entitled or the damages otherwise recoverable by the Corporation or the Affiliate in any such event.
Damages and Remedies. 1. The Seller shall notify the Logger in writing of the nature, extent, and amount of any damages that may have occurred as a result of the Logger’s operations under this contract.
2. The Seller shall give the logger a reasonable amount of time to repair those damages.
3. The Seller shall provide the Logger with a written itemized xxxx for any damages that have monetary value and cannot be repaired.
4. If the Seller is not satisfied with compensation for damages, or if timber or other forest products are cut or removed by the Logger that were not designated in this contract, the Seller may pursue any and all remedies for those values, costs, or damages.
5. In case of dispute over the terms of this contract, the final decision shall rest with an arbitration board of three persons; one to be selected by each party to this contract and a third to be selected by agreement of both parties.
6. Other
Damages and Remedies. A. In the event of termination of this Agreement by Company pursuant to Section 7.B (i), Company shall have all remedies available to it at law and in equity.
B. In the event of termination pursuant to Section 7.B (ii), and provided that Contractor is not in material breach of its obligations hereunder, Contractor shall be entitled to keep all monies already paid pursuant to Section 2 and Company's sole obligation shall be to pay Contractor the amount due for Services already acceptably performed, pro rata. In no event shall Company be liable for any lost profits or consequential, incidental or special damages.
C. Contractor waives any and all right to injunctive relief in the event of any dispute with Company, and Contractor's sole remedy in such a dispute shall be at law.
Damages and Remedies. (a) If the sale of the Aircraft does not occur before the Final Delivery Date as a result of (i) the failure of Seller to cause each of the conditions set forth in Section 3.1 to be satisfied or to perform any of its other obligations under the Sale Documents, and/or (ii) the failure of Lessee to cause each of the conditions set forth in Sections 3.1 and 3.2 of the Lease to be satisfied, then Buyer may by notice to Seller terminate its obligations to purchase the Aircraft from Seller. Buyer shall be entitled to exercise any and all rights and remedies, available by law, for Seller’s failure to perform its obligations under the Sale Documents.
(b) If the sale of the Aircraft does not occur before the Final Delivery Date as a result of the failure of Buyer to cause each of the conditions set forth in Section 3.2 to be satisfied or to perform any of its other obligations under the Sale Documents, then Seller may by notice to Buyer terminate its obligation to sell the Aircraft to Buyer. Seller shall be entitled to exercise any and all rights and remedies, available by law or in equity, for Buyer’s failure to perform its obligations under the Sale Documents.
Damages and Remedies. (a) EXCEPT FOR DAMAGES ARISING UNDER EACH PARTY’S INDEMNIFICATION FOR THIRD PARTY CLAIMS AS SET OUT IN SECTION 8.2, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND, SUFFERED BY OR OTHERWISE COMPENSABLE TO THE OTHER, ARISING OUT OF, UNDER OR RELATING TO THIS AGREEMENT, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Each Party recognizes that, if it fails to perform, observe or discharge any of its obligations under this Agreement, no remedy at law will provide adequate relief to the other Party. Each Party may obtain specific performance of this Agreement, and is entitled to preliminary and permanent injunctive relief, upon appropriate notice and hearing as required by a court of competent jurisdiction at any time when the other Party fails to comply with the provisions of this Agreement.
Damages and Remedies. (a) This Lease and the term and estate hereby granted are subject to the limitation that whenever an Event of Default shall occur, regardless of and notwithstanding the fact that Landlord has or may have some other remedy under this Lease or by virtue hereof, or in law or in equity, Landlord may give to Tenant a notice (the "Termination Notice") of intention to end the term of this Lease specifying a day not less than five (5) days thereafter and, upon the giving of the Termination Notice, this Lease and the term and estate hereby granted shall expire and terminate upon the day so specified in the Termination Notice as fully and completely and with the same force and effect as if the day so specified were the date herein set forth the expiration of the term of this Lease, and all rights of Tenant under this Lease shall expire and terminate, but Tenant shall remain liable for damages as hereinafter provided. From and after the date upon which Landlord shall be entitled to give a Termination Notice, Landlord, without further notice, may re-enter, possess and repossess itself of the demised premises.
(b) It is covenanted and agreed by Tenant that in the event of the expiration or termination of this Lease or re-entry by Landlord, under any of the provisions of this Article or pursuant to law, by reason of any Event of Default hereunder, Tenant will pay to Landlord, as damages with respect to this Lease, at the election of Landlord:
(i) a sum which at the time of such termination of this Lease or at the time of any re-entry by Landlord, as the case may be, represents the then present value (employing a discount rate equal to the then current rate of United States Treasury bills having a term that most closely approximates the then remaining term of this Lease) of the excess, if any, of:
(A) the aggregate Rent which would have been payable by Tenant for the period commencing with such earlier termination of this Lease or the date of any such re-entry, as the case may be, and ending with the date hereinabove set for the expiration of the full term hereby granted, had this Lease not so terminated or had Landlord not so reentered the Property
(B) the rental value of the demised premises for the same period; or
(ii) sums equal to the aggregate Rent and other sums which would have been payable by Tenant had this Lease not so terminated, or had Landlord not so re-entered the demised premises, payable upon the rent days specified herein following such termination or s...
Damages and Remedies. Each Party acknowledges that the payment of the Termination Fee in the circumstances contemplated in Section 7.3 is the sole remedy to which a Party is entitled on the termination of this Agreement and that such amount is not a penalty, but intended to reimburse a Party for its time, efforts and costs in implementing the transactions contemplated herein. Each Party irrevocably waives any right it may have to raise as a defense that any such fee is excessive or punitive. Each Party acknowledges that, other than in respect of the termination of this Agreement in circumstances contemplated in Section 7.3, nothing restricts the ability of a Party to pursue any and all legal remedies with respect to any breach by the Other Party of its covenants, representations or warranties contained herein, including without limitation the ability to xxx for damages, seek injunctive relief or specific performance. Nothing herein shall preclude a Party from seeking injunctive relief to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or otherwise to obtain specific performance of any of such act, covenants or agreements, without the necessity of posting bond or security in connection therewith.
Damages and Remedies. A. In the event of termination of this Agreement, the parties shall each have all remedies available to it at law and in equity. Any and all Materials, including Materials-in progress, prepared for and/or delivered to the Company prior to termination shall be delivered to and remain the property of the Company.
Damages and Remedies. A. In the event this Agreement is terminated, CPG shall have all remedies available to it at law and in equity. Any and all Materials prepared for and/or delivered to CPG prior to termination shall remain the property of CPG.
B. The Independent Contractor waives any and all right to injunctive relief in the event of any dispute with CPG, and the Independent Contractor's sole remedy in such a dispute shall be at law.
Damages and Remedies. In the event of termination of this Agreement by the Office or the County, the County shall have all remedies available to it at law and in equity. In the event that Independent Contractor terminates this Agreement, and provided that Independent Contractor is not in material breach of its obligations hereunder, the Independent Contractor shall be entitled to keep all monies already paid pursuant to Section 2 and collect all monies due for Services previously rendered and for which supporting documentation has been provided. The Independent Contractor waives any and all right to injunctive relief in the event of any dispute with Fort Bend County or the Office.
