Enforcement and Indemnity. 8.1 Both Parties hereby acknowledge that damages alone would not constitute an adequate remedy for any breach by the Receiving Party of this Agreement.
8.2 The Disclosing Party shall, without prejudice to any and all other rights and remedies which may be available, be entitled to the remedies of injunction, specific performance and other equitable relief for any breach of this Agreement by the Receiving Party, actual or threatened.
8.3 In addition to any remedies whether at law or in equity to which the Disclosing Party may be entitled, the Receiving Party hereby agrees to indemnify the Disclosing Party for any and all losses, direct or indirect which may arise out of its breach of this Agreement.
Enforcement and Indemnity. 3.1. The Recipient acknowledges and agrees that the Discloser would not have an adequate remedy at law and would be irreparably damaged by any unauthorized disclosure or use of any Confidential Information or in the event that any of the provisions of this Agreement were not performed by the Recipient and the Recipient's Representatives in accordance with their specific terms or were otherwise breached by the Recipient or any of the Recipient's Representatives.
3.2. Without prejudice to the rights and remedies otherwise available to the Discloser, the Recipient agrees that the Discloser shall be entitled, without the requirement of posting a bond or other security, to equitable relief, including an injunction or specific performance, in the event of any breach or threatened breach of the provisions of this Agreement by the Recipient or the Recipient's Representatives. Such remedies shall not be deemed to be exclusive remedies, but are cumulative and shall be in addition to and not in substitution for any other rights and remedies available at law or equity or otherwise to the Discloser. In the event of litigation relating to this Agreement, if a court of competent jurisdiction determines that the Recipient or any of the Recipient's Representatives have breached this Agreement, then the Recipient shall be liable and pay to the Discloser the reasonable costs and expenses (including legal fees on a full indemnity solicitor and own client basis) incurred by the Discloser in connection with such litigation, including any appeal therefrom.
3.3. The Recipient shall defend, indemnify and hold harmless the Discloser, the Discloser’s Representatives and their respective shareholders, officers, directors, employees, agents, successors and permitted assigns from and against all losses, damages (including consequential damages), liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable legal fees (on a full indemnity solicitor and own client basis), in connection with, arising out of, or resulting from a breach of this Agreement by the Recipient or any of its Representatives.
Enforcement and Indemnity. 10.1 Without prejudice to any other rights or remedies that the Data Controller may have, Data Processor hereby acknowledges and agrees that a person with rights under this Agreement may be irreparably harmed by any breach of its terms and that damages alone may not be an adequate remedy. Accordingly, a person bringing a claim under this Agreement shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this Agreement.
10.2 Data Processor agrees that it will (in addition to, and without affecting, any other rights or remedies that Data Controller may have whether under statute, common law or otherwise) indemnify and hold harmless Data Controller, on demand from and against all claims, liabilities, costs, expenses, loss or damage incurred by Data Controller (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) arising directly or indirectly from a breach of this Agreement or Applicable Data Protection Laws by Data Processor.
Enforcement and Indemnity. 1The Recipient acknowledges and agrees that the Discloser would not have an adequate remedy at law and would be irreparably damaged by any unauthorized disclosure or use of any Confidential Information or in the event that any of the provisions of this Agreement were not performed by the Recipient and the Recipient's Representatives in accordance with their specific terms or were otherwise breached by the Recipient or any of the Recipient's Representatives.
Enforcement and Indemnity. 8.1 Any breach of confidentiality will result in the Receiving Party being reported to the Police for breach of data protection as well as a deliberate attempt to circumvent the Disclosing Party’s protocols for data and information access; furthermore, the receiving party will be reported to their official Registered Body for breaching confidentiality; both Parties hereby acknowledge that damages alone are unlikely to be an adequate remedy for any breach by the Receiving Party of this Agreement.
8.2 The Disclosing Party shall, without prejudice to any and all other rights and remedies which may be available, be entitled to the remedies of injunction, specific performance and other equitable relief for any breach of this Agreement by the Receiving Party, actual or threatened.
8.3 In addition to any rights or remedies whether at law or in equity to which the Disclosing Party may be entitled, the Receiving Party hereby agrees to indemnify the Disclosing Party against any and all liabilities and financial or other loss, damage, costs or expenses (including legal costs on a full indemnity basis), direct or indirect, which may arise out of its breach of this Agreement and/or the use/application of the Confidential Information (including, where applicable, any breaches by the Receiving Party of the Data Protection Xxx 0000 which render the Disclosing Party liable).
Enforcement and Indemnity. 9.1 Austereo recognises that the Traffic Reports are subject to copyright, and that unauthorised use of such Traffic Reports may be the subject of injunctive relief, as well as a claim in damages.
9.2 Austereo indemnifies and must keep indemnified ATN against all liabilities, damages, losses, (excluding indirect and consequential losses) costs and expenses suffered, paid or incurred by ATN (including legal fees on a party-party basis) as a result of or in connection with a breach by Austereo of this agreement or any wilful or negligent act or default by Austereo.
9.3 ATN indemnifies and must keep indemnified Austereo against all liabilities, damages, losses, (excluding indirect and consequential losses) costs and expenses suffered, paid or incurred by Austereo (including legal fees on a party-party basis) as a result of or in connection with a breach by ATN of this agreement or any wilful or negligent act or default by ATN.
9.4 ATN indemnifies and must keep indemnified Austereo against all liabilities, damages, losses, (excluding indirect and consequential losses) costs and expenses suffered, paid or incurred by Austereo (including legal fees on a party-party basis) arising out of the content and/or broadcast of the Traffic Reports referred to in clause 2.1.
Enforcement and Indemnity. 9.1 Both Parties hereby acknowledge that damages alone are unlikely to be an adequate remedy for any breach by either Receiving Party of this Agreement.
9.2 The First Party shall, without prejudice to any and all other rights and remedies which may be available, be entitled to the remedies of injunction, specific performance and other equitable relief for any breach of this Agreement by the Second Party, actual or threatened.
9.3 In addition to any rights or remedies whether at law or in equity to which the First Party may be entitled, the Second Party hereby agrees to indemnify the First Party against any and all liabilities and financial or other loss, damage, costs or expenses (including legal costs on a full indemnity basis), [direct] [or indirect] which may arise out of its breach of this Agreement (including, where applicable, any breaches by the Second Party of the Data Protection Act 1998 which render the First Party liable).
9.4 The Second Party shall, without prejudice to any and all other rights and remedies which may be available, be entitled to the remedies of injunction, specific performance and other equitable relief for any breach of this Agreement by the First Party, actual or threatened.
9.5 In addition to any rights or remedies whether at law or in equity to which the Second Party may be entitled, the First Party hereby agrees to indemnify the Second Party against any and all liabilities and financial or other loss, damage, costs or expenses (including legal costs on a full indemnity basis), [direct] [or indirect] which may arise out of its breach of this Agreement (including, where applicable, any breaches by the First Party of the Data Protection Act 1998 which render the Second Party liable).
Enforcement and Indemnity. Both Parties hereby acknowledge that damages alone are unlikely to be an adequate remedy for any breach by the Receiving Party of this Agreement. The Disclosing Party shall, without prejudice to any and all other rights and remedies which may be available, be entitled to the remedies of injunction, specific performance and other equitable relief for any breach of this Agreement by the Receiving Party, actual or threatened. In addition to any rights or remedies whether at law or in equity to which the Disclosing Party may be entitled, the Receiving Party hereby agrees to indemnify the Disclosing Party against any and all liabilities and financial or other loss, damage, costs or expenses (including legal costs on a full indemnity basis), direct which may arise out of its breach of this Agreement (including, where applicable, any breaches by the Receiving Party of the Data Protection Xxx 0000 which render the Disclosing Party liable).
Enforcement and Indemnity. Client may without notice suspend User’s service or remove any content transmitted via the Service if it discovers facts that lead it to reasonably believe the Service is being used in violation of this Agreement. Client reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of this Agreement, or otherwise harmful to the network or customers using the Service, regardless of whether this material or its dissemination is unlawful. Neither Client nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, newsgroup, social networking and instant message transmissions) made via the Service. However, Client and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Agreement and to disclose, block, or remove them in accordance with this Agreement and applicable law. User must cooperate with Client reasonable investigation of any suspected violation of this Agreement. Client will attempt to contact User prior to suspension of Service; however, prior notification is not assured. User is strictly responsible for the use of the Service in violation of this Agreement, including use by User’s family, friends or other third parties, including unauthorized use. Client may charge User an hourly rate for security breach recovery (currently $100.00) plus the cost of equipment and material needed to (i) investigate or otherwise respond to any suspected violation of this Agreement, (ii) remedy any harm caused to Client or any of its other Users by User’s use of the Service in violation of this Agreement, (iii) respond to complaints, and (iv) have Client Internet Protocol numbers removed from any "blacklist" such as SPEWs or other abuse databases. Customer hereby indemnifies and holds harmless Client, any underlying service providers, and each of their respective employees, officers, directors, managers, representatives, affiliates and agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, liabilities, losses, damages, and costs arising from or relating to User’s use of the Service, or any act, error, or omission by User or any other user of User’s account in connection therewith, including but not limited to, defects a...
Enforcement and Indemnity. Each party will, upon written request from the other (i) enforce the provisions of this Article 11 against an such employee (including a former employee) who received Confidential Information during the course of his or her employment with a party (an "Employee"), or permit the Disclosing Party to enforce said provisions against any such Employee on its behalf, and (ii) indemnify the other party upon demand against all loss, damage, liability or expense caused by wrongful disclosure or use of Confidential information by such Employee.
