I njunctive Relief. The Product shall be labeled with a clear and reasonable warning as set forth in subsection 2.3. If, after May 6, 2021, the Settling Entity sells the Product without being reformulated via mail order catalog and/or online to California consumers or through its customers, the Settling Entity shall also provide health hazard warning for the Product by identifying the specific Product to which the warning applies as set forth in subsections 2.3 through 2.6 below. The Parties agree that if the OEHHA warning regulations change with respect to subsections 2.2 through 2.6 below, then the Settling Entity may either conform with the revised OEHHA regulations or continue to conform with the terms provided in this Settlement Agreement if the new implementing regulations so allow and, in doing so, will be in compliance with this Settlement Agreement as long as it continues to fulfill any warning obligations unaffected by such new changes.
I njunctive Relief. Supplier acknowledges that disclosureor useof Confidential Informationin violationof this Agreement could cause irreparable harm to Green Earth Commercial Contracting Companyforwhichmonetarydamagesmaybedifficulttoascertain or an inadequate remedy. Supplier therefore agrees that Green Earth CommercialContractingCompany willhavetheright, inadditiontoits otherrightsandremedies,toseekinjunctivereliefforanyviolationofthis Agreement. partnership or other formal business relationship or entity of any kind, or anobligationtoformanysuch relationship or entity. Each party will act as anindependent contractor and not as an agent of the other party for any purpose, and neither will havetheauthorityto bindtheother.
11.2 This Agreement constitutes the entire agreement between the parties relating to the mattersdiscussed hereinand may be amendedormodifiedonlywiththemutualwrittenconsentoftheparties. Each party’s obligations hereunder are in addition to, and not exclusive of, any and all of its other obligations and duties to the other party, whetherexpress,implied,infactor in law. Subjectto the limitationsset forthinthisAgreement,thisAgreementwillinuretothebenefitofandbe bindinguponthepartiesandtheirrespectivesuccessorsandassigns.
11.3 Any failure by Green Earth Commercial Contracting Company to enforce Supplier’s strict performance of any provision of this Agreementwillnot constitutea waiverof Green Earth Commercial ContractingCompany’srightto subsequentlyenforcesuch provisionor any otherprovisionofthisAgreement.
11.4 IfaprovisionofthisAgreementisheldinvalidunderany applicablelaw, suchinvaliditywillnotaffectany otherprovisionofthis Agreement that can be given effect without the invalid provision. Further, all terms and conditions of this Agreementwill be deemed enforceable to the fullest extent permissible under applicable law, and, whennecessary, thecourtisrequestedtoreformanyandalltermsor conditionstogivethemsucheffect. Supplier’sobligationswithrespectto Confidential Information will survive for five (5) years following the terminationofthisAgreement.
11.5 ThisAgreementwillbegovernedbyinternallaws of the state of Florida, without reference to its choice of law rules. Exclusivejurisdictionoverandvenueofanysuitarisingoutoforrelating to this Agreement will be in the Superior Court of Hillsborough County, Florida.
11.6 All notices hereunder will be given in writing, will refer to this Agreement and will be personally delivered or sent by overnight courier, receipted facsim...
I njunctive Relief. Commencing on the Effective Date and continuing thereafter, Boston shall only manufacture for sale, import for sale, and purchase for resale in California Products that are Reformulated Products as defined by Section 2.2. Any Products, that are not Reformulated Products, which Boston sells, ships for sale, or distributes for sale to customers or consumers in California, or to customers with nationwide distribution, after the Effective Date, shall be labeled with a clear and reasonable warning as set forth in Section 2.3. If, after the Effective Date, Boston sells Products that are not Reformulated Products via mail order catalog and/or the internet to customers located in California, Boston shall also provide warnings for such Products by identifying the specific Product to which the warning applies as set forth in Sections 2.4 through 2.
I njunctive Relief. Prospective Buyer understands and acknowledges that any disclosure or misappropriation of any of the Confidential Information in violation of this Agreement may cause Receiver irreparable harm, the amount of which may be difficult to ascertain and, therefore, agrees that Receiver shall have the right to apply to a court of competent jurisdiction for an order restraining any further disclosure or misappropriation, and for such other relief as Receiver shall deem appropriate. This right of Receiver shall be in addition to the remedies otherwise available to Receiver at law or in equity.
I njunctive Relief. The Product shall be labeled with a clear and reasonable warning as set forth in subsection 2.3. If, after March 31, 2021, the Settling Entity sells the Product without being reformulated via consumer mail order catalog and/or online to California consumers or through its customers, the Settling Entity shall also provide the requisite health hazard warnings for the Product by identifying the specific Product to which the warning applies as set forth in subsections 2.3 through 2.6 below.
I njunctive Relief. In the event of a dispute between Upstream and the Participant for which the Upstream does not believe money damages would be a sufficient remedy, Upstream shall be entitled to seek a temporary, preliminary or permanent injunction, without the requirement of posting a bond or surety, in any court of competent jurisdiction, in addition to any other remedy to which it is entitled at law or in equity.
I njunctive Relief. Notwithstanding any rights or remedies provided for in this Agreement, the Covered Entity retains all rights to seek injunctive relief to prevent or stop the unauthorized use or disclosure of Protected Health Information by Business Associate or any Employee, Subcontractors, Independent Contractors, Agents, Contractors, and/or Third Parties that received Protected Health Information from Business Associate.
I njunctive Relief. The parties acknowledge that any breach of any of the provisions of this Agreement may cause irreparable harm and significant injury to CLIENT, the extent of which may be extremely difficult to ascertain. Accordingly, Licensee agrees that CLIENT will have, in addition to any other rights or remedies it may have available at law or in equity, the right to seek injunctive relief, without posting bond, to enjoin any breach or violation of such provisions.
I njunctive Relief. Each Seller agrees that the remedy of damages at law for the breach by any of them of any of the covenants, obligations or other provisions contained in this Section is an inadequate remedy. In recognition of the irreparable harm that a violation of such covenants would cause Targets and/or Buyer, the Parties agree that in addition to any other remedies or relief that may be available to them, Buyer shall be entitled to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction against and restraining an actual or threatened breach, violation or violations. The Parties agree that both damages and specific performance shall be proper modes of relief and are not to be considered alternative remedies.
I njunctive Relief. The Executive recognizes and acknowledges that a breach of the covenants contained in Section 7 will cause irreparable damage to the Company and its goodwill, the exact amount of which will be difficult or impossible to ascertain, and that the remedies at law for any such breach will be inadequate. Accordingly, the Executive agrees that in the event of a breach of any of the covenants contained in Section 7, in addition to any other remedy that may be available at law or in equity, the Company will be entitled to specific performance and injunctive relief.
