Injunctive Relief and Change of Business Practices Sample Clauses

Injunctive Relief and Change of Business Practices. To the extent applicable, Defendant shall comply with the ARL. Nothing in this Paragraph shall constitute an admission or concession that any of Defendant’s offer materials or procedures heretofore have not been in compliance with the ARL. Because this Settlement is a compromise of disputed allegations and claims, Defendant’s agreement to this Section IV.C is expressly for the purposes of settlement and is not an admission of any wrongdoing, fault, or liability.
AutoNDA by SimpleDocs
Injunctive Relief and Change of Business Practices. On or before the Effective Date, to the extent applicable, defendant will implement and maintain procedures reasonably designed to ensure compliance with the California Automatic Renewal Law, Bus. & Prof. Code, §§ 17600-17606. If California law (whether statutory or controlling case law) concerning automatic renewal or continuous service arrangements changes in the future so as to impose different requirements, defendant will be free to conform its practices to then-established law. Because this Settlement is a compromise of disputed allegations and claims, defendant’s agreement to this Section IV.C. is expressly for the purposes of settlement and is not an admission of wrongdoing, fault, or liability, and is not an admission or acknowledgement that any of defendant’s offer materials heretofore have not been in compliance with law.
Injunctive Relief and Change of Business Practices. Defendants agree to make any changes to their sales-offer materials and practices that may be necessary to ensure substantial compliance with California law. If California law (whether statutory or controlling case law) concerning automatic renewal or continuous service arrangements changes in the future so as to impose different requirements, Defendants will be free to conform their practices to then-established law. Because this Settlement is a compromise of disputed allegations and claims, Defendants’ agreement to this Section IV.C. is expressly for the purposes of settlement, is not an admission of wrongdoing, fault, or liability, and is not an admission or acknowledgement that any of Defendants’ sales-offer materials or practices heretofore have not been in compliance with law.
Injunctive Relief and Change of Business Practices. Defendants shall continue to implement procedures reasonably designed to ensure compliance with the California Automatic Renewal Law, Cal. Bus. & Prof. Code §§ 17600-17606 (“California ARL”). Nothing in this Section
Injunctive Relief and Change of Business Practices. Defendant has modified its offer, billing, and/or payment materials in a manner that Defendant believes continues to ensure that it is in substantial compliance with California law. Because this Settlement is a compromise of disputed allegations and claims, Defendant’s agreement to this Section IV.C. is expressly for the purposes of settlement, is not an admission of wrongdoing, fault, or liability, and is not an admission or acknowledgement that any of Defendant’s offer, billing, or payment materials heretofore have not been in compliance with law.
Injunctive Relief and Change of Business Practices. Defendants have modified their subscription offer materials in a manner that Defendants believe complies with California law. If California law (whether statutory or controlling case law) concerning automatic renewal or continuous service arrangements changes in the future so as to impose different requirements, Defendants will be free to conform their practices to then-established law. Because this Settlement is a compromise of disputed allegations and claims, Defendants’ agreement to this Section IV.C. is expressly for the purposes of settlement and is not an admission of wrongdoing, fault, or liability with respect to any of the allegations in the Action.
Injunctive Relief and Change of Business Practices. Within three months after the Effective Date and for a period of at least two years thereafter, defendants will implement and maintain the following business practices with respect to automatic renewal or continuous service magazine subscriptions in the State of California.
AutoNDA by SimpleDocs
Injunctive Relief and Change of Business Practices. On or before the Effective Date, to the extent applicable, Defendant will implement procedures reasonably designed to ensure compliance with the California Automatic Renewal Law, Bus. & Prof. Code § 17600-17606. Because this Settlement is a compromise of disputed allegations and claims, Defendant’s agreement to this Section IV.C. is expressly for the purposes of settlement and is specifically not an admission of wrongdoing, fault, or liability and is, in fact, a denial of all such allegations

Related to Injunctive Relief and Change of Business Practices

  • Injunctive Relief Warnings 2.1 Commencing one hundred eighty (180) days after the Execution Date, Quinoa shall not sell, offer for sale, ship for sale or otherwise distribute or allow to be distributed in California any Covered Products, unless the sales and distribution of the Covered Products are in full compliance with California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements § 25601-25603 (see also: “xxx.X00Xxxxxxxx.xx.xxx.”). Covered Products that were manufactured, packed, or labeled prior to the Execution Date and up to 180 days after the Execution Date shall be permitted to be sold as previously manufactured, packed or labeled. As used in this Settlement Agreement, the term "distributing in California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Quinoa knows or has reason to know will sell the Covered Product in California.

  • REMEDIES, CHARACTERIZATION, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF The remedies provided in this Warrant shall be cumulative and in addition to all other remedies available under this Warrant and the other Transaction Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the right of the Holder to pursue actual damages for any failure by the Company to comply with the terms of this Warrant. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, exercises and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the holder of this Warrant shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company’s compliance with the terms and conditions of this Warrant (including, without limitation, compliance with Section 2 hereof). The issuance of shares and certificates for shares as contemplated hereby upon the exercise of this Warrant shall be made without charge to the Holder or such shares for any issuance tax or other costs in respect thereof, provided that the Company shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any certificate in a name other than the Holder or its agent on its behalf.

  • Injunctive Relief The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

  • Injunctive Relief for Breach Consultant’s obligations under this Agreement are of a unique character that gives them particular value; breach of any of such obligations will result in irreparable and continuing damage to Client for which there will be no adequate remedy at law; and, in the event of such breach, Client will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate).

  • Injunctive Relief; Punitive Damages (a) The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages. (b) The Administrative Agent, the Lenders and the Borrower (on behalf of itself and the other Credit Parties) hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • Availability of Injunctive Relief In addition to the right under the Rules to petition the court for provisional relief, Executive agrees that any party may also petition the court for injunctive relief where either party alleges or claims a violation of this Agreement or the Confidentiality Agreement or any other agreement regarding trade secrets, confidential information, nonsolicitation or Labor Code §2870. In the event either party seeks injunctive relief, the prevailing party will be entitled to recover reasonable costs and attorneys fees.

  • Specific Performance; Injunctive Relief The parties hereto acknowledge that Parent will be irreparably harmed and that there will be no adequate remedy at law for a violation of any of the covenants or agreements of Stockholder set forth herein. Therefore, it is agreed that, in addition to any other remedies that may be available to Parent upon any such violation, Parent shall have the right to enforce such covenants and agreements by specific performance, injunctive relief or by any other means available to Parent at law or in equity.

  • Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction Documents at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder’s right to pursue actual and consequential damages for any failure by the Company to comply with the terms of this Note. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder shall be entitled, in addition to all other available remedies, to an injunction restraining any such breach or any such threatened breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company’s compliance with the terms and conditions of this Note.

  • Specific Performance and Injunctive Relief Notwithstanding the availability of legal remedies, Mortgagee will be entitled to obtain specific performance, mandatory or prohibitory injunctive relief, or other equitable relief requiring Mortgagor to cure or refrain from repeating any Default.

  • Transfer Void; Equitable Relief Any Proposed Key Holder Transfer not made in compliance with the requirements of this Agreement shall be null and void ab initio, shall not be recorded on the books of the Company or its transfer agent and shall not be recognized by the Company. Each party hereto acknowledges and agrees that any breach of this Agreement would result in substantial harm to the other parties hereto for which monetary damages alone could not adequately compensate. Therefore, the parties hereto unconditionally and irrevocably agree that any non-breaching party hereto shall be entitled to seek protective orders, injunctive relief and other remedies available at law or in equity (including, without limitation, seeking specific performance or the rescission of purchases, sales and other transfers of Transfer Stock not made in strict compliance with this Agreement).

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!