Enforcement of Obligations. Executive acknowledges that the -------------------------- restrictions contained in Sections 2 and 3 are reasonable and necessary to protect the legitimate interests of the Company, that the Company would not have entered into this Agreement in the absence of such restrictions, and that any violation of any provision of those Sections will result in irreparable injury to the Company. Executive further represents and acknowledges that (i) he has been advised by the Company to consult his own legal counsel with respect to this Agreement; and (ii) that he has, prior to execution of this Agreement, reviewed thoroughly this Agreement with his counsel. Executive agrees that the Company shall be entitled to preliminary and permanent injunctive relief, without the necessity of proving actual damages, as well as to an equitable accounting of all earnings, profits and other benefits arising from any violations of Sections 2 and 3, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. In the event that any of the provisions of Sections 2 and 3 should ever be adjudicated to exceed the time, geographic, product or service, or other limitations permitted by applicable law in any jurisdiction, then such provisions shall be deemed reformed in such jurisdiction to the maximum time, geographic, product or service, or other limitations permitted by applicable law. Executive irrevocably and unconditionally
(i) agrees that any suit, action or other legal proceeding arising out of this Agreement in which any party is seeking in whole or in part any form of equitable relief, including without limitation, any action commenced by the Company for preliminary and permanent injunctive relief and other equitable relief, may be brought in any court of competent jurisdiction in Dauphin County, Pennsylvania; (ii) consents to the non-exclusive jurisdiction of any court in any such suit, action or proceeding; and (iii) waives any objection which Executive may have to the laying of venue of any such suit, action or proceeding in any such court. Executive also irrevocably and unconditionally consents to the service of any process, pleadings, notices or other papers in a manner permitted by the notice provisions of Section 10.
Enforcement of Obligations. The Borrower shall take all reasonable steps to enforce its rights under the Bareboat Charter and any other agreements relating to the Vessel.
Enforcement of Obligations. Nothing in this Agreement or in any other document or agreement shall affect or impair the unconditional and absolute right of Secured Party to enforce the Obligations as and when the same shall become due in accordance with the terms of any Other Agreement.
Enforcement of Obligations. This Agreement has been duly executed and delivered on behalf of such Party, and constitutes a legal, valid, binding obligation, enforceable against such Party in accordance with its terms.
Enforcement of Obligations. If the Office of the Interconnection sends a notice to the PJM Board that a Member has failed to perform an obligation under this Agreement, the PJM Board shall initiate such action against such Member to enforce such obligation as the PJM Board shall deem appropriate. Subject to the procedures specified in Section 15.1, a Member's failure to perform such obligation shall be deemed to be a default under this Agreement. In order to remedy a default, but without limiting any rights the LLC may have against the defaulting Member, the PJM Board may assess against, and collect from, the Members not in default, in proportion to their Weighted Interest, an amount equal to the amount that the defaulting Member has failed to pay to the Office of the Interconnection, along with appropriate interest, but such assessment shall in no way relieve the defaulting Member of its obligations, and shall confer upon the Members Committee the right to recover the assessed amounts from the defaulting Member. In addition to any amounts in default, the defaulting Member shall be liable to the LCC for reasonable costs incurred in enforcing the defaulting Member's obligations.
Enforcement of Obligations. The Trustees shall have the right to enforce the performance of all obligations herein and to institute proceedings of any nature whatsoever to enforce such obligations in the name of the Trust or any Benefit Plan.
Enforcement of Obligations. 33 15.3 Obligations to a Member in Default............... 33 15.4 Obligations of a Member in Default............... 33 15.5
Enforcement of Obligations. 31 15.1 Failure to Meet Obligations...................... 31 15.1.1 Termination of Market Buyer Rights. ........... 31 15.1.2 Termination of Market Seller Rights. .......... 31 15.1.3 Payment of Bills............................... 32 15.2
Enforcement of Obligations. Except as currently exists for Newport Grand under the provisions of subsection 42-61.2-7(a)(2) and except as hereinafter expressly provided in section 4(f)(2), hereof, if the State or any entity thereof, including the Division, enters into any agreement or adopts, modifies or amends any law, rule or regulation that would impair the rights of Newport Grand under this act and/or under the Newport Grand Master Contract, as may be amended in the future, and as extended pursuant to this act and as may be extended in the future (as so amended and extended by this act and as may be amended and extended in the future), and/or fails to provide Newport Grand with slippage protection as described herein and the Newport Grand Master Contract, Newport Grand may bring a claim against the State and/or Division, for actual damages and/or specific performance and/or other equitable relief, notwithstanding any limitation on such damages imposed by the laws of the State. For purposes of computing the actual damages with respect to any claim by Newport Grand against the State and/or the Division for a failure to provide slippage protection pursuant to the provisions of this act and the Newport Grand Master Contract, “actual damages” means the positive difference between: (i) the gaming facility revenues Newport Grand would have retained had the State or any entity thereof, including, the Division, provided slippage protection for the period of time that the State and/or the Division fails to provide slippage protect on during the term of the Newport Grand Master Contract; and (i) the gaming facility revenues actually retained by Newport Grand.
Enforcement of Obligations. FORFEITURE UNDER DEL LABS 1994 STOCK PLAN. You agree that your failure to perform any obligation under this Agreement will cause immediate and irreparable damage to Del, that there is no adequate remedy at law for such failure and that in the event of such failure Del shall be entitled to injunctive relief without posting of any bond, and such other relief as may be just and proper. Without limiting the generality of the foregoing, in the event that you receive a grant of an award under the Del Labs 1994 Stock Plan (the "1994 STOCK PLAN"), you irrevocably agree, consent and acknowlege that if you violate or fail fully to comply with and perform each and every covenant and undertaking set forth in this Agreement, then, in addition to each and every other remedy of Del, to the extent that on the date of such violation or non-performance there shall remain outstanding and unexercised (whether or not then vested) any portion of any stock option or stock appreciation right or there shall remain outstanding and unvested any portion of any other award granted to you under the 1994 Stock Plan, such award or portion thereof shall immediately and automatically terminate and become unexercisable without any action or notice by Del, in accordance with the provisions of Section 11 of the 1994 Stock Plan. In addition, you shall remain subject to all of the provisions of the 1994 Stock Plan.
