Equitable Rights. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Option 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 Option Agreement and to enforce specifically the terms and provisions hereof in any federal or state court located in Kenton County, Commonwealth of Kentucky (as to which the parties agree to submit to jurisdiction for the purposes of such action), this being in addition to any other remedy to which they are entitled at law or in equity.
Equitable Rights. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Option 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 Option Agreement and to enforce specifically the terms and provisions hereof in any federal or state court located in the State of Texas (as to which the parties agree to submit to jurisdiction for the purposes of such action), this being in addition to any other remedy to which they are entitled at law or in equity.
Equitable Rights. All equities and rights of appraisal, stay and redemption (whether now or hereafter existing), in each case arising out of the Collateral Agent, the Agent or the Lenders enforcing any of their rights and remedies under any Loan Document.
Equitable Rights. Each party acknowledges that a breach by a party of Section 6 (Intellectual Property Rights; Ownership) or Section 7 (Confidentiality) may cause the non-breaching party irreparable damages, for which an award of damages would not be adequate compensation and agrees that, in the event of such breach or threatened breach, the non- breaching party will be entitled to seek equitable relief, including a restraining order, injunctive relief, specific performance and any other relief that may be available from any court, in addition to any other remedy to which the non-breaching party may be entitled at law or in equity, Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available at law or in equity, subject to any express exclusions or limitations in the Agreement to the contrary.
Equitable Rights. Each party acknowledges that a breach (or threatened breach) of Section 6 (Intellectual Property Rights; Ownership) or Section 7 (Confidentiality) may cause the non-breaching party irreparable damage, entitling it to seek equitable relief, in addition to any other remedy, without posting bond.
Equitable Rights. The Administrator acknowledges and agrees that money damages would not be a sufficient remedy for any failure of the Administrator to provide the services required hereunder in compliance with the terms of this Agreement and that the Company shall be entitled to seek equitable relief, including, without limitation, injunction and specific performance, as a remedy for such non-performance or such breach by the Administrator and that the Administrator shall not oppose the granting of such equitable relief, unless such non-performance or breach was caused primarily by the act or omission of the Company. Such remedy shall not be deemed to be the exclusive remedy for breach of this Agreement, but shall be in addition to the other remedies available to a party under this Agreement.
Equitable Rights. It is mutually agreed that Employee’s services are special, unique, unusual, extraordinary and of an artistic character, giving them a particular value which cannot be reasonably or adequately compensated for in money damages at law and which are incapable of replacement. Employee acknowledges and concedes that Titan would be irreparably harmed by Emp loyee’s breach of any of the terms or conditions of this Agreement and that Titan shall be entitled to an injunction restraining Employee from committing or continuing said breach without the necessity of proving the inadequacy of money damages. Notwithstanding the foregoing, nothing herein set forth shall be construed as prohibiting or otherwise restricting Titan from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of money damages from Employee.
Equitable Rights. Employee acknowledges that the breach of Sections 7, 8 or 9 herein relating to non-competition/non-solicitation, confidentiality and/or proprietary rights may cause irreparable harm which may not be compensable by monetary damages. Accordingly, in the event of an actual or threatened breach by Employee of Section 7, 8 or 9 of this Agreement, the Company shall be entitled to an injunction restraining Employee from so acting. The prevailing party shall be entitled to the recovery of legal fees and costs incurred in enforcing this Agreement; provided that nothing herein shall be construed as prohibiting or in any way limiting the Company from pursuing any other legal remedies available under the terms of this Agreement or other applicable laws.
Equitable Rights. Nothing in this Agreement shall be construed as abrogating or diminishing any right of a party hereto at common law or in equity to restrain a breach of duty including without limitation any breach of trust, confidence or fiduciary duty.
Equitable Rights. 11 Section 15. Term..............................................................11 Section 16. Miscellaneous.....................................................11 Schedule 4 Assumed Computer Programs Schedule 7 Improvements Schedule 13 Approved Desktop Software This TECHNOLOGY TRANSFER AND LICENSE AGREEMENT (this "Agreement"), dated as of December 31, 2004 (the "Effective Date"), is entered into by and between Security Life of Denver Insurance Company, an insurance company formed and doing business under the laws of the state of Colorado and maintaining its principal offices at 0000 Xxxxxxxx, Xxxxxx, XX 00000, ING North America Insurance Corporation, a corporation formed and doing business under the laws of the state of Delaware and maintaining its principal offices at 0000 Xxxxxx Xxxxx Xxxx XX, Xxxxxxx, XX 00000 ("Sellers") and Scottish Re (U.S.), Inc. an insurance company formed and doing business under the laws of the state of Delaware and maintaining its principal offices at 00000 Xxxxxxxxxx Xxxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, XX 00000 ("Purchaser").