Enforcement in General Sample Clauses

Enforcement in General. If the Executive Officer, with any appropriate input from the Section 177 States, makes a determination that BMW NA has failed to comply with any term of this Settlement Agreement, the Executive Officer will notify BMW NA, in writing, of the reasons supporting the determination and provide BMW NA with information upon which the determination was based. Except as provided below with regard to a GHG Credit Shortfall Breach, breaches of this Settlement Agreement shall be enforced in accordance with applicable contract law, including the availability of injunctive relief.
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Enforcement in General. If the Executive Officer, with any appropriate input from the Section 177 States, makes a determination that Volvo Car USA has failed to comply with any term of this Settlement Agreement, the Executive Officer will notify Volvo Car USA, in writing, of the reasons supporting the determination and provide Volvo Car USA with information upon which the determination was based. Except as provided below with regard to a GHG Credit Shortfall Breach, breaches of this Settlement Agreement shall be enforced in accordance with applicable contract law, including the availability of injunctive relief.
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Enforcement in General. If the Executive Officer, with any appropriate input from the Section 177 States, makes a determination that Ford has failed to comply with any term of this Settlement Agreement, the Executive Officer will notify Ford, in writing, of the reasons supporting the determination and provide Ford with information upon which the determination was based. Except as provided below with regard to a GHG Credit Shortfall Breach, breaches of this Settlement Agreement shall be enforced in accordance with applicable contract law, including the availability of injunctive relief.
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Enforcement in General. If the Executive Officer, with any appropriate input from the Section 177 States, makes a determination that Stellantis has failed to comply with any term of this Settlement Agreement, the Executive Officer will notify Stellantis, in writing, of the reasons supporting the determination and provide Stellantis with information upon which the determination was based. Except as provided below with regard to a GHG Credit Shortfall Breach and a XXX Values Shortfall Breach, breaches of this Settlement Agreement shall be enforced in accordance with applicable contract law, including the availability of injunctive relief.
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Enforcement in General. Most issues relating to the enforcement of multi-tier agreements turn on the interpretive issue described above: whether the lower tiers of the agreement are jurisdictional preconditions to the upper tiers. If a court finds that those lower tiers are non-mandatory, then it creates no violation to allow whatever action has already been commenced to continue. In such situations, courts will decline to stay litigation, decline to enjoy arbitration, or generally decline to obstruct ongoing proceedings. If, on the other hand, a court finds that mandatory preconditions to arbitration or litigation have not been fulfilled, it will stay litigation or arbitration and direct the parties to resolve their dispute as set out in the lower tiers of their multi- tier agreement. Courts will not order specific performance of, for example, agreements to negotiate or mediate due to the difficulty of supervising compliance; instead, the remedy is to prevent access to the upper tier dispute resolution procedures so long as the lower tiers remain unfulfilled. If a multi-tier agreement including mandatory lower tiers culminates in arbitration, and arbitration has already been commenced, enforcing the multi-tier agreement may mean enjoining the arbitration from proceeding further or setting aside or refusing to enforce any award that has been issued. This remedy has the greatest impact on parties, forcing them to “go back to square one” after having spent significant time and money on dispute resolution. Courts should grant it only when they are convinced that the parties intended to impose mandatory jurisdictional preconditions to arbitration, which the arbitrator failed to respect. Aside from interpretation, the main issue in enforcing multi- tier agreements is whether the lower tiers were in fact completed. In general, courts do not require perfect compliance with contractual specifications. Reasonable attempts to comply with lower tiers appear to suffice, although the outcome depends on the specificity with which the agreement describes the required procedures. In Xxxxx-Xxxxx v Costisella, the agreement called for mediation as a mandatory precondition to arbitration.50 The claimant initiated arbitration and the respondent argued that the mediation precondition had not been fulfilled. It was undisputed that no mediation process had occurred. However, the Court found that the claimant had offered to submit the dispute to mediation but the respondent had refused; on these facts, ...
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Enforcement in General. If the Executive Officer, with any appropriate input from the Section 177 States, makes a determination that VWGoA has failed to comply with any term of this Settlement Agreement, the Executive Officer will notify VWGoA, in writing, of the reasons supporting the determination and provide VWGoA with information upon which the determination was based. Except as provided below with regard to a GHG Credit Shortfall Breach, breaches of this Settlement Agreement shall be enforced in accordance with applicable contract law, including the availability of injunctive relief.
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Enforcement in General i. The enforceability of marital and premarital agreements is the same under Colorado statute. See C.R.S. § 14-2-302 et seq. ii. The party against whom enforcement is sought bears the burden to prove a premarital or marital agreement is unenforceable. C.R.S. § 14-2-309(1). iii. IRM Xxxxxxx, 22 P.3d 580 (Colo. App. 2001): A marital agreement is enforceable only if it has been executed voluntarily and there has been fair and reasonable disclosure of the property and financial obligations of the party seeking to enforce the agreement.
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Enforcement in General. If the Executive Officer, with any appropriate input from the Section 177 States, makes a determination that AHM has failed to comply with any term of this Settlement Agreement, the Executive Officer will notify AHM, in writing, of the reasons supporting the determination and provide AHM with information upon which the determination was based. Except as provided below with regard to a GHG Credit Shortfall Breach, breaches of this Settlement Agreement shall be enforced in accordance with applicable contract law, including the availability of injunctive relief.
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Related to Enforcement in General

  • Enforcement of Due On-Sale Clauses; Assumption Agreements.

  • Enforcement of Award The Parties agree that the decision or award resulting from arbitration shall be final and binding upon the Parties and shall be enforceable in accordance with the provisions of the Arbitration Act subject to the rights of the aggrieved parties to secure relief from any higher forum.

  • Enforcement of Agreement The Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement was not performed in accordance with its specific terms or was otherwise breached. It is accordingly agreed that the Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Enforcement of Rights Borrowers are jointly and severally liable for the Obligations and Bank may proceed against one or more of the Borrowers to enforce the Obligations without waiving its right to proceed against any of the other Borrowers.

  • Enforcement Rights (a) At any time following the occurrence and during the continuation of a Termination Event: (i) the Administrator may direct the Obligors that payment of all amounts payable under any Pool Receivable is to be made directly to the Administrator or its designee, (ii) the Administrator may instruct the Seller or the Servicer to give notice of the Purchaser Groups’ interest in Pool Receivables to each Obligor, which notice shall direct that payments be made directly to the Administrator or its designee (on behalf of such Purchaser Groups), and the Seller or the Servicer, as the case may be, shall give such notice at the expense of the Seller or the Servicer, as the case may be; provided, that if the Seller or the Servicer, as the case may be, fails to so notify each Obligor, the Administrator (at the Seller’s or the Servicer’s, as the case may be, expense) may so notify the Obligors, (iii) the Administrator may request the Servicer to, and upon such request the Servicer shall: (A) assemble all of the records necessary or desirable to collect the Pool Receivables and the Related Security, and transfer or license to a successor Servicer the use of all software necessary or desirable to collect the Pool Receivables and the Related Security, and make the same available to the Administrator or its designee (for the benefit of the Purchasers) at a place selected by the Administrator, and (B) segregate all cash, checks and other instruments received by it from time to time constituting Collections in a manner acceptable to the Administrator and, promptly upon receipt, remit all such cash, checks and instruments, duly endorsed or with duly executed instruments of transfer, to the Administrator or its designee, and (iv) the Administrator may collect any amounts due from any Originator under the Sale Agreement. (b) The Seller hereby authorizes the Administrator (on behalf of each Purchaser Group), and irrevocably appoints the Administrator as its attorney-in-fact with full power of substitution and with full authority in the place and stead of the Seller, which appointment is coupled with an interest, to take any and all steps in the name of the Seller and on behalf of the Seller necessary or desirable, in the determination of the Administrator, after the occurrence and during the continuation of a Termination Event, to collect any and all amounts or portions thereof due under any and all Pool Assets, including endorsing the name of the Seller on checks and other instruments representing Collections and enforcing such Pool Assets. Notwithstanding anything to the contrary contained in this Section 4.4(b), none of the powers conferred upon such attorney-in-fact pursuant to the preceding sentence shall subject such attorney-in-fact to any liability if any action taken by it shall prove to be inadequate or invalid, nor shall they confer any obligations upon such attorney-in-fact in any manner whatsoever.

  • Enforcement of the Agreement The parties hereto agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereto, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Enforcement Provisions While Contractors and their Representatives are expected to self-monitor their compliance with this Contractor Code of Conduct, the provisions of this Code are enforceable by LAUSD. Enforcement measures can be taken by LAUSD’s Procurement Services Group or Facilities Contracts Branch in consultation with the Contract Sponsor, the Ethics Office, the Office of the General Counsel, and the Office of the Inspector General. The Office of the Inspector General may also refer matters to the appropriate authorities for further action.

  • Enforcement and Remedies Executive acknowledges that money damages would not be sufficient remedy for any breach of this Article 6 by Executive, and Company shall be entitled to enforce the provisions of this Article 6 by terminating any payments then owing to Executive under this Agreement and/or to specific performance and injunctive relief as remedies for such breach or any threatened breach. Such remedies shall not be deemed the exclusive remedies for a breach of this Article 6, but shall be in addition to all remedies available at law or in equity to Company, including, without limitation, the recovery of damages from Executive and Executive’s agents involved in such breach and remedies available to Company pursuant to other agreements with Executive.

  • Enforcement of Restrictions The parties hereby agree that any violation by Executive of the covenants contained in this Section 6 will likely cause irreparable damage to the Company or its subsidiaries and affiliates and may, as a matter of course, be restrained by process issued out of a court of competent jurisdiction, in addition to any other remedies provided by law.

  • Enforcement; Remedies (a) Except as otherwise expressly provided herein, any and all remedies herein expressly conferred upon a Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon such Party, and the exercise by a Party of any one remedy will not preclude the exercise of any other remedy. (b) The Parties agree that irreparable injury will occur in the event that any of the provisions of this Agreement is not performed in accordance with its specific terms or is otherwise breached. It is agreed that prior to the termination of this Agreement pursuant to Article VIII, each Party shall be entitled to an injunction or injunctions to prevent or remedy any breaches or threatened breaches of this Agreement by any other Party, to a decree or order of specific performance to specifically enforce the terms and provisions of this Agreement and to any further equitable relief. Each of the Parties hereby acknowledges and agrees that it may be difficult to prove damages with reasonable certainty, that it may be difficult to procure suitable substitute performance, and that injunctive relief and/or specific performance will not cause an undue hardship to the Parties. Each of the Parties hereby further acknowledges that the existence of any other remedy contemplated by this Agreement does not diminish the availability of specific performance of the obligations hereunder or any other injunctive relief. (c) The Parties’ rights in this Section 9.14 are an integral part of the Transactions and each Party hereby waives any objections to any remedy referred to in this Section 9.14 (including any objection on the basis that there is an adequate remedy at Law or that an award of such remedy is not an appropriate remedy for any reason at Law or equity). For the avoidance of doubt, each Party agrees that there is not an adequate remedy at Law for a breach of this Agreement by any Party. In the event any Party seeks any remedy referred to in this Section 9.14, such Party shall not be required to obtain, furnish, post or provide any bond or other security in connection with or as a condition to obtaining any such remedy.

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