Damages and Remedies. In the event of an anticipated, threatened, or actual breach by the Participant of any of the provisions of this Section 19, 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) 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) 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. The exercise by Landlord of any remedy arising by virtue of an Event of Default shall not be considered exclusive, but Landlord may exercise any and all other rights or remedies provided by this Lease or by law or equity. Landlord may elect to xxx Tenant hereunder without terminating this lease. The termination of the Term pursuant to this Section 15 shall not extinguish the right of either party to collect damages arising from the breach of this Lease by the other party. Tenant shall be liable for Rents accruing up to the end of the Term specified in this Lease notwithstanding the early termination of such Term due to an Event of Default and the reentry of Landlord before the normal expiration of the Term, except that Landlord shall make commercially reasonable and diligent efforts to rerent the Premises upon such terms as it sees fit in its reasonable discretion and for a term which may expire either before or after the specified termination date of the Term herein, and Tenant shall pay to Landlord all Rent and other sums which would be payable hereunder by Tenant if no such termination and reentry had occurred, less the net proceeds, if any, of any such reletting after deducting Landlord's reasonable expenses in connection with such reletting, including but not limited to repossession costs, brokerage commissions, legal fees and expenses, employee expenses, alteration costs and other such reletting preparation expenses, and operating expenses, and Tenant shall pay such current damages to Landlord on the days on which such Rent would have been payable hereunder if no such termination and repossession and reentry had occurred.
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. 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 defence 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. 29.1 Contractor shall promptly reimburse County for any expenses or damages incurred by County as a result of: Contractor's failure to substantially perform the work per this Contract; breach of any warranty or guarantee; or other deficiencies or omissions of Contractor. Contractor waives any monetary claims for, or damages arising from or related to, lost profits, lost business opportunities, unabsorbed overhead or any indirect consequential damages. County is entitled to interest on any amount due from Contractor that remains unpaid thirty (30) days after the amount is deemed due.
29.1 In the event that performance of this project is delayed by neglect or default by another Contractor or County, or by any damage which is the result of an unforeseen circumstance, act of God, or by a general strike of employees, Contractor shall have reason to claim for delay and request an extension of time to complete the terms of this contract.
Damages and Remedies. 5.1 In the event of any breach of any obligation under this Agreement, the Party in breach shall be liable for the damage suffered by the other Party, which shall be the actual damage exclusively arising from such breach, provided that it has been established by a final court decision. Without prejudice to the foregoing, in the specific case of violation of the obligations set forth in the following Article 7 (Ownership of Confidential Information and Intellectual Property), the aforesaid indemnifiable damage shall include, in addition to the actual damage, also the damage for loss of profit, provided that it has been ascertained by a final judgment.
5.2 In any event, by entering into this Agreement, in view of the nature of the Confidential Information, the Receiving Party agrees and acknowledges that the (i) disclosure, (ii) unauthorized use of Confidential Information of the Disclosing Party and/or (iii) breach of the obligations under this Agreement, could cause significant damage to the Disclosing Party, which may be difficult or impossible to quantify. Accordingly, the Parties agree that the compensation for damages may not be an adequate remedy for the breach of any provision of this Agreement and that the Disclosing Party shall be entitled to obtain such measures and/or remedies as it deems appropriate to protect its rights in order to remedy or prevent any breach or potential breach of this Agreement (including, without limitation, injunctive relief).
