Damages for Breach. Employee acknowledges that breach or violation of this covenant would cause substantial damages to Employer. Employee agrees that, in the event of a breach or violation of this covenant of non-solicitation, Employee will be liable to compensate Employer for all damages, including, without limitation, consequential damages, not limited to lost profits, expense incurred to replace the employee or business relationship, finder's fees, sign-on bonuses, and compensation, remuneration and/or benefits premiums paid to employees, independent contractors and consultants to secure their services or to replace the lost business relationship(s). The payment of such damages shall not limit, impair or diminish Employer's right to seek and obtain (x) any appropriate equitable relief (including but not limited to specific performance, temporary restraining order and temporary and permanent injunction), (y) other monetary relief, and other relief, at law or in equity, for other causes of action which may have resulted from Employee's breach or violation (such as intentional interference with contractual or business relations in the event an employee is solicited by Employee for a competitive position and such employee is subject to a covenant-not-to-compete), or (z) monetary and other relief, at law or in equity, from or against persons or entities other than Employee.
Damages for Breach. Either Party’s violation of any representations, warranties or covenants of this Agreement, or any other terms of this Agreement constitutes a breach. The breaching Party shall pay all and full damages to the non-breaching Party; while the non-breaching Party shall have the right to decide whether or not to continue performing this Agreement or terminate this Agreement.
Damages for Breach. In the event of a breach of this Agreement by either the Company or the Employee resulting in damages to the other party, that party may recover from the party breaching this Agreement any and all damages that may be sustained.
Damages for Breach. Plaintiff recognizes and agrees that the representations, promises, and covenants set forth in Paragraphs 1, 2 and 4 of the Release constitute a material and significant part of the consideration received by the Defendant Releasees in exchange for their obligations under this Release, and that any violation of Paragraphs 1, 2 and 4 will constitute a material violation of this Release. In the event of any violation of Paragraphs 1, 2, 4 and 5 Plaintiff recognizes and agrees that Defendant Releasees will be entitled to seek any and all appropriate relief, including seeking recovery of moneys paid under the Stipulation and Settlement Agreement, enforcing rights under this Release, and pursuing any other rights and remedies available under law, including equitable relief, injunctive relief, and damages. In the event that Plaintiff or his attorneys violate the terms of this Release, including, but not limited to, Paragraphs 1, 2 and/or 4, an arbitrator may award the prevailing party their reasonable attorneys’ fees, expenses, and costs, and the provisions of this Release that were not breached remain binding and in effect.
Damages for Breach. If Executive breaches this Separation and Release Agreement, Executive shall pay all costs incurred by Releasees (or any of them), including reasonable attorney’s fees, in defending against Executive’s claim, and, as a precondition to filing any such lawsuit, shall return all but $500.00 of the severance benefits or payments Executive has received pursuant to Section 6(c) or Section 6(d) of the Employment Agreement. The preceding two sentences of this section do not apply if Executive files a charge or lawsuit under the ADEA challenging the validity of this Separation and Release Agreement. However, in the event any such ADEA lawsuit is unsuccessful, a court may order Executive to pay attorney’s fees and/or costs incurred by Releasees (or any of them) where authorized by law. In the event any such ADEA lawsuit is successful, the severance benefits or payment Executive received for signing this Separation and Release Agreement shall serve as restitution, recoupment, or setoff to any monetary award received by Executive.
Damages for Breach. If TENANT defaults in the performance of any covenant, condition or agreement contained in this Lease and the default be incurable or not be cured within the time period set forth hereinabove, then CITY may terminate this Lease and:
(1) Bring an action to recover from TENANT:
(a) The worth at the time of award of the unpaid Rent which had been earned at the time of termination of the Lease;
(b) The worth at the time of award of the amount by which the unpaid Rent, which would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that TENANT proves could have been reasonably avoided;
(c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that TENANT proves could be reasonably avoided; and
(d) Any other amount necessary to compensate CITY for all detriment proximately caused by TENANT'S failure to perform its obligations under this Lease; and
(2) Bring an action, in addition to or in lieu of the action described in subparagraph (1) of this Section, to re-enter and regain possession of the Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect.
Damages for Breach. 27.1 In the event of a breach of any Covenant the Owner will on demand pay to the Grantee the sum of $20,000.00 or a sum equal to 25 per cent of the cost of erection of a dwelling, house or structure on the Property, whichever sum is greater. This sum together with all costs incurred in enforcing the Covenant will constitute a debt due to the Grantee and is recoverable by the Grantee as liquidated damages.
Damages for Breach. 39.7.1 For the purposes of this Contract, a Party shall be deemed to institute or to have instituted proceedings or contested proceedings under this Sub-article 39.7, upon serving notice to the other Party under the provisions of Article 41, and by continuing to avail itself to such provisions.
39.7.2 A Party hereto shall be entitled to damages if the other Party is found to be in breach of this Contract under the procedures of the provisions of Article 41.
Damages for Breach. If Purchaser defaults in any of purchaser's obligations hereunder, all sums paid hereunder may be retained by the Owner and Auctioneer, in accordance with their agreement, as liquidated damages and not as a penalty, without affecting any of Owner's further remedies. Either party may demand specific performance of this agreement.
Damages for Breach. Client agrees that if Client breaches this Agreement, and Broker is required to bring an action for damages for such breach or if action is taken against Broker because of such action of Client, Broker shall be entitled to recover from Client the costs of any such action including Broker’s reasonable attorneys’ fees and expert fees, plus any commissions lost by Xxxxxx as a result of Client’s breach. Such breach would include, but not be limited to, buying a Disclosed Property without going through Broker.
