Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate and agree that (a) certain legislation was enacted, certain taxes have been imposed and certain bonds will be issued to permit construction of the Improvements, (b) the Authority, the County and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Improvements, (c) the public economic, civic and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary and immeasurable, (d) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the Improvements are particular, unique, and extraordinary, (e) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Improvements, and (f) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.00), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement.
Appears in 3 contracts
Samples: Stadium Lease Agreement, Stadium Lease Agreement, Stadium Lease Agreement
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate and agree that (a) certain legislation was enacted, certain taxes have been imposed imposed, and certain bonds will be issued to permit construction of the Improvements, (b) the Authority, the County County, and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Improvements, (c) the public economic, civic civic, and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary extraordinary, and immeasurable, (d) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the Improvements are particular, unique, and extraordinary, (e) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Improvements, and (f) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees agrees, and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.00), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement.
Appears in 3 contracts
Samples: Stadium Lease Agreement, Stadium Lease Agreement, Stadium Lease Agreement
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate stipulate, and agree that (a) certain legislation was enacted, certain taxes have been imposed imposed, and certain bonds will be issued to permit construction of the Improvements, (b) the Authority, the County County, and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Improvements, (c) the public economic, civic civic, and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary extraordinary, and immeasurable, (d) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the Improvements are particular, unique, and extraordinary, (e) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Improvements, and (f) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees agrees, and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.00), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement; except that specific performance shall not be an available remedy where specific performance would result in StadCo’s noncompliance with MLB Rules and Regulations.
Appears in 2 contracts
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate stipulate, and agree that (a) certain legislation was enacted, certain taxes have been imposed imposed, and certain bonds will be issued to permit construction of the Project Improvements, (b) the Authority, the County County, and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Project Improvements, (c) the public economic, civic civic, and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary extraordinary, and immeasurable, (d) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the Project Improvements are particular, unique, and extraordinary, (e) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Project Improvements, and (f) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees agrees, and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.00), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate and agree that (a) certain legislation was enacted, certain taxes have been imposed and certain bonds will be issued to permit construction of the Improvements, (b) the Authority, the County and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Improvements, (c) the public economic, civic and social benefits from the Team playing Team Games and holding other Team Stadium Events at the the Stadium are unique, extraordinary and immeasurable, (d) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the Improvements are particular, unique, and extraordinary, (e) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Improvements, and (f) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.00), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement.
Appears in 2 contracts
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate stipulate, and agree that (a) certain legislation was enacted, certain taxes have been imposed imposed, and certain bonds will be issued to permit construction of the Project Improvements, (b) the Authority, the County State, and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Project Improvements, (c) the public economic, civic civic, and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary extraordinary, and immeasurable, (d) the subject matter of this Agreement is unique unique and the circumstances giving rise to the construction of the Stadium and the Project Improvements are particular, unique, and extraordinary, (e) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Project Improvements, and (f) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees agrees, and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.00), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement.
Appears in 1 contract
Samples: Development and Funding Agreement
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate stipulate, and agree that (a) certain legislation was enacted, certain taxes have been imposed imposed, and certain bonds will be issued to permit construction of the Project Improvements, (b) the Authority, the County County, and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Project Improvements, (c) the public economic, civic civic, and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary extraordinary, and immeasurable, (d) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the Project Improvements are particular, unique, and extraordinary, (e) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Project Improvements, and (f) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees agrees, and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ten thousand dollars ($10,000.0010,000), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement.
Appears in 1 contract
Samples: Development Agreement
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate and agree that (a) certain legislation was enacted, certain taxes have been imposed imposed, and certain bonds will be issued to permit construction of the Improvements, (b) the Authority, the County County, and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Improvements, (c) the public economic, civic civic, and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary extraordinary, and immeasurable, (d) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the the Improvements are particular, unique, and extraordinary, (e) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Improvements, and (f) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees agrees, and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.00), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement.
Appears in 1 contract
Samples: Stadium Lease Agreement
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate stipulate, and agree that (a) certain legislation was enacted, certain taxes have been imposed imposed, and certain bonds will be issued to permit construction of the Improvements, (b) the Authority, the County County, and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Improvements, (c) the public economic, civic civic, and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary extraordinary, and immeasurable, (d) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the Improvements are particular, unique, and extraordinary, (e) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Improvements, and (f) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees agrees, and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.00), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement.
Appears in 1 contract
Samples: Stadium Lease Agreement
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate and agree that (a) certain legislation was enacted, certain taxes have been imposed and certain bonds will be issued to permit construction of the Improvements, (b) the Authority, the County and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Improvements, (c) the public economic, civic and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary and immeasurable, (d) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the Improvements are particular, unique, and extraordinary, (e) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Improvements, and (f) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.0010,000), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement.
Appears in 1 contract
Samples: Stadium Lease Agreement
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate stipulate, and agree that (aia) certain legislation was enacted, certain taxes have been imposed imposed, and certain bonds will be issued to permit construction of the Project Improvements, (biib) the Authority, the County County, and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Project Improvements, (ciiic) the public economic, civic civic, and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary extraordinary, and immeasurable, (divd) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the Project Improvements are particular, unique, and extraordinary, (eve) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Project Improvements, and (fvif) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees agrees, and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.00), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement.
Appears in 1 contract
Samples: Development Agreement
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate stipulate, and agree that (a) certain legislation was enacted, certain taxes have been imposed imposed, and certain bonds will be issued to permit construction of the Project Improvements, (b) the Authority, the County County, and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Project Improvements, (c) the public economic, civic civic, and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary extraordinary, and immeasurable, (d) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the Project Improvements are particular, unique, and extraordinary, (e) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Project Improvements, and (f) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees agrees, and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.00), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement.Agreement.
Appears in 1 contract
Samples: Development Agreement
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate stipulate, and agree that (ai) certain legislation was enacted, certain taxes have been imposed imposed, and certain bonds will be issued to permit construction of the Project Improvements, (bii) the Authority, the County County, and StadCo will undertake significant monetary obligations in connection with financing obligations to permit construction of the Project Improvements, (ciii) the public economic, civic civic, and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary extraordinary, and immeasurable, (div) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the Project Improvements are particular, unique, and extraordinary, (ev) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the Project Improvements, and (fvi) each of the Parties, respectively, would suffer immediate, unique, and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees agrees, and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.00), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default or any threatened or imminent breach of this Agreement.
Appears in 1 contract
Samples: Development Agreement
Injunctive Relief and Specific Performance. The Parties acknowledge, stipulate and agree that (ai) certain legislation was enacted, certain taxes have been imposed and certain bonds will be issued to permit construction of the ImprovementsStadium and Stadium Infrastructure, (bii) the Authority, State and the County and StadCo Team will undertake significant monetary obligations in connection with financing obligations to permit construction of the ImprovementsStadium and Stadium Infrastructure, (ciii) the public economic, civic and social benefits from the Team playing Team Games and holding other Team Stadium Events at the Stadium are unique, extraordinary and immeasurable, (div) the subject matter of this Agreement is unique and the circumstances giving rise to the construction of the Stadium and the Improvements Stadium Infrastructure are particular, unique, unique and extraordinary, (ev) the rights, obligations, covenants, agreements, and other undertakings set forth in this Agreement constitute specific and material inducements for each of the Parties, respectively, to enter into this Agreement and to undertake and perform such other obligations related to the operation and use of the ImprovementsStadium and Stadium Infrastructure, and (fvi) each of the Parties, respectively, would suffer immediate, unique, unique and irreparable harm for which there may be no adequate remedy at law in the event that any of the material provisions of this Agreement were not performed in accordance with their specific terms or are otherwise breached. Accordingly, each of the Parties acknowledges, agrees and stipulates that, in view of the circumstances set forth above, which are not exhaustive as to the interests at risk with respect to the respective performance of the Parties, each Party shall be entitled to seek, without the necessity of posting bond or other security in excess of Ten Thousand and No/100 Dollars ($10,000.0010,000), to obtain specific performance and any other temporary, preliminary or permanent injunctive relief or a declarative relief necessary to redress or address any Event of Default breach or any threatened or imminent breach of this Agreement. The Parties hereby agree and stipulate that the rights of the Authority to injunctive relief in the event of a breach of Section 3.6 hereof shall not constitute a “claim” pursuant to Section 101(5) of the United States Bankruptcy Code and shall not be subject to discharge or restraint of any nature in any bankruptcy proceeding involving the Team.
Appears in 1 contract
Samples: Stadium Use Agreement