Enforcement and Indemnification. (a) Coda Octopus, in its sole discretion, may bring an action in any court of competent jurisdiction to seek injunctive relief and such other relief as Coda Octopus shall elect to enforce the Restrictive Covenants. If the courts of any one or more of such jurisdictions hold the Restrictive Covenants wholly unenforceable by reason of breadth of scope or otherwise it is the intention of Coda Octopus and the Executive that such determination not bar or in any way affect Coda Octopus’s right, or the right of any of its affiliates, to the relief provided in Section 8(e) above in the courts of any other jurisdiction within the geographical scope of such Restrictive Covenants, as to breaches of such Restrictive Covenants in such other respective jurisdictions, such Restrictive Covenants as they relate to each jurisdiction being, for this purpose, severable, diverse and independent covenants, subject, where appropriate, to the doctrine of res judicata. The parties hereby agree to waive right to a trial by jury for any and all disputes hereunder (whether or not relating to the Restrictive Covenants).
Enforcement and Indemnification. 9.1 The Company. in its sole discretion, may bring an action in any court of competent jurisdiction to seek injunctive relief and such other relief as the Company or the Company shall elect to enforce the Restrictive Covenants. If the courts of any one or more of such jurisdictions hold the Restrictive Covenants wholly unenforceable by reason of breadth of scope or otherwise it is the intention of the Company and the Executive that such determination not bar or in any way affect the Company’s right, or the right of any of its affiliates, to the relief provided in Section 8(e) above in the courts of any other jurisdiction within the geographical scope of such Restrictive Covenants, as to breaches of such Restrictive Covenants in such other respective jurisdictions, such Restrictive Covenants as they relate to each jurisdiction being, for this purpose, severable, diverse and independent covenants, subject, where appropriate, to the doctrine of res judicata. The Parties hereby agree to waive right to a trial by jury for any and all disputes hereunder (whether or not relating to the Restrictive Covenants).
Enforcement and Indemnification. In accordance with the Guaranty Agreement, the Borrower and the Guarantor(s), jointly and severally, acknowledge and agree that VSBFA may at its option assume all rights and remedies of the Lender under the Loan Documents and may enforce any such rights or remedies against the collateral, the Borrower, or the Guarantor(s), jointly and severally. Additionally, the Borrower and the Guarantor(s) shall hold VSBFA and the Lender harmless from and indemnify them against any and all liabilities, damages, claims, costs and losses incurred or suffered by either of them, including attorneys’ fees and costs, resulting from (a) any materially incorrect certification or statement knowingly made by the Borrower, the Guarantor(s), or an agent of the Borrower or Guarantor(s) to VSBFA or the Lender in connection with the Loan, this Agreement or any of the other Loan Documents or (b) any breach by the Borrower or the Guarantor(s) of the terms and conditions of this Agreement or any of the other Loan Documents. The Borrower and the Guarantor(s), jointly and severally, also acknowledge that any statement, certification or representation made by the Borrower or any of the Guarantor(s) in connection with the Loan is subject to the penalties provided in Article 18 U.S.C. Section 1001.
Enforcement and Indemnification. (a) The Company. in its sole discretion, may bring an action in any court of competent jurisdiction to seek injunctive relief and such other relief as the Company or the Company shall elect to enforce the Restrictive Covenants.
Enforcement and Indemnification. Users are liable to the ICC for any damages they cause to the ICC through their use of the Network. Users agree to indemnify the ICC against any and all damages they may cause to third parties through their use of the Network. ICC members who violate this policy may be placed on referral for uncooperative behavior (described in Standing Rule 6.7). Houses that fail to secure member compliance with this policy may be placed on House referral (described in Standing Rule 8.10). The ICC attempts to protect its members’ rights when possible, but the ICC may cooperate with law enforcement in investigating illegal activities conducted through, over, or with the Network. ICC MEMBER RIGHTS AND RESPONSIBILITIES MEMBER RIGHTS MEMBER RESPONSIBILITIES
Enforcement and Indemnification. In the event that any party hereto breaches any of the terms of this Agreement (the "Breaching Party"), the Breaching Party acknowledges and agrees that said breach will result in immediate and irreparable harm to the business and goodwill of any non-breaching party hereto (the "Non-Breaching Party") and that damages, if any, and remedies at law for such breach, will be inadequate and not determinable. The Non-Breaching Party, upon a breach of this Agreement by the Breaching Party, shall therefore be entitled to (a) subject to Sections 15 and 24 hereof, apply for and receive from any court of competent jurisdiction, equitable relief by way of temporary or permanent injunction to restrain any breach of this Agreement and for such further relief as such court may deem just and proper, at law or in equity; (b) in the event that the Non- Breaching Party shall prevail in enforcing any of its rights hereunder, the Non- Breaching Party's reasonable costs and expenses in enforcing such rights under this Agreement (including court costs and reasonable legal fees and expenses); and (c) be indemnified and held harmless by the Breaching Party from and against any and all manner of expenses, losses, claims and liabilities of any kind incurred by the Non-Breaching Party (including its Affiliates) in connection with such breach.
Enforcement and Indemnification. In the event of (a) a breach of any of the representations, warranties or covenants contained in this Agreement, the Note or the Xxxx of Sale or (b) any claim or action arising out of the operation of the Business or the Purchased Assets (including without limitation, any claim by a client, customer, vendor or supplier to or of the Business) by the Seller, the Seller shall indemnify and hold Buyer harmless from and against any and all damages, deficiencies, liabilities, losses, claims, costs and expenses which are incurred by Buyer as a result of such breach, including, without limitation, payment of reasonable attorneys' fees and all other costs and expenses incurred in connection with such breach or occurrence and Buyer's pursuit of its remedies hereunder or otherwise available under applicable laws. 4.
Enforcement and Indemnification. (a) Golden Phoenix, in its sole discretion, may bring an action in any court of competent jurisdiction to seek injunctive relief and such other relief as Golden Phoenix shall elect to enforce the Restrictive Covenants. If the courts of any one or more of such jurisdictions hold the Restrictive Covenants wholly unenforceable by reason of breadth of scope or otherwise it is the intention of Golden Phoenix and the Advisor that such determination not bar or in any way affect Golden Phoenix’s right, or the right of any of its affiliates, to the relief provided in Section 7(e) above in the courts of any other jurisdiction within the geographical scope of such Restrictive Covenants, as to breaches of such Restrictive Covenants in such other respective jurisdictions, such Restrictive Covenants as they relate to each jurisdiction being, for this purpose, severable, diverse and independent covenants, subject, where appropriate, to the doctrine of res judicata. The Parties hereby agree to waive right to a trial by jury for any and all disputes hereunder (whether or not relating to the Restrictive Covenants).
Enforcement and Indemnification. You agree to be liable to First Resource Bank for any liability, loss, or expense as provided in this Agreement that First Resource Bank incurs as a result of any dispute involving your Accounts or services. You authorize First Resource Bank to deduct any such liability, loss or expense from your Account without prior notice to you. Without limiting the generality of the foregoing, except to the extent caused by our gross negligence or willful misconduct, you agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and Licensors harmless from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorney’s fees) arising from: a third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other materials submitted by you to us; any fraud, manipulation, or other breach of this Agreement or INTERNET BANKING; your violation of any law or rights of a third party; or the provision of INTERNET BANKING or use of INTERNET BANKING. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent. This indemnification is provided without regard to whether our claim for indemnification is due to the use of INTERNET BANKING by you. Virus Protection and Phishing. First Resource Bank is not responsible for any computer viruses (including, without limitation, programs commonly referred to as "malware”, "keystroke loggers”, and/or "spyware"), problems or malfunctions resulting from any computer viruses, or any related problems that may be associated with the use of an online system or INTERNET BANKING. Any material downloaded or otherwise obtained is obtained at your own discretion and risk, and we are not responsible for any damage to your computer or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. We encourage you to routinely scan your personal computer and electronic storage media using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. ...
Enforcement and Indemnification. It shall be the sole responsibility and obligation of each Party to enforce all of the terms and conditions of this Agreement as they relate to the non-disclosure obligations hereunder of its Affiliates. Each Party shall indemnify the other Party and its Affiliates against any and all losses, costs, expenses, damages and deficiencies of every nature (including any legal action related thereto and reasonable attorneys’, paralegal, and other professional fees and costs), that any of them shall incur or suffer that arise out of, in connection with, or are related to any breach of, this Agreement. The aggrieved Party to the extent it becomes actually aware of them, shall notify the other Party of the existence of any breach to which this indemnification applies, and shall give that Party a reasonable opportunity to bring an action to enjoin any use of disclosed information, or any further disclosure, at its sole cost and expense, and with counsel of its selection, provided such counsel is reasonably acceptable to the aggrieved Party; provided, however, that the aggrieved Party shall at all times also have the right to fully participate in the prosecution of such action (including, without limitation, the right to be represented by separate legal counsel of its own selection). If that other Party shall, within ten (10) calendar days after receipt of such notice, fail to prosecute, the aggrieved Party shall have the right, but not the obligation, to undertake the prosecution of, and to compromise or settle said matter on behalf, for the account, and at the risk of the other Party. If said matter is one that cannot, by its nature, be prosecuted solely by the aggrieved Party, then the other party shall make available all information and assistance that the aggrieved Party may reasonably request.
