Interpretation; Enforcement and Survival. (a) Notwithstanding anything in this ARTICLE 15 to the contrary, nothing in this ARTICLE 15 shall affect the Parties’ rights and obligations under ARTICLE 14. (b) The Parties acknowledge that a breach of any of the obligations or provisions contained in this ARTICLE 15 could cause the other Party to suffer loss which may not be adequately compensated for by damages and that the other Party may, in addition to any other remedy or relief, enforce the performance of this Agreement by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual or special damage and notwithstanding that in any particular case damages may be readily quantifiable, and such breaching Party must not plead sufficiency of damages as a defence in the proceeding for such injunctive relief.
Appears in 26 contracts
Samples: Standing Offer Agreement for Lease/Rental of Heavy Duty Equipment, Standing Offer Agreement, Supply Agreement
Interpretation; Enforcement and Survival.
(a) Notwithstanding anything in this ARTICLE 15 14 to the contrary, nothing in this ARTICLE 15 14 shall affect the Parties’ rights and obligations under ARTICLE 1413.
(b) The Parties acknowledge that a breach of any of the obligations or provisions contained in this ARTICLE 15 14 could cause the other Party to suffer loss which may not be adequately compensated for by damages and that the other Party may, in addition to any other remedy or relief, enforce the performance of this Agreement by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual or special damage and notwithstanding that in any particular case damages may be readily quantifiable, and such breaching Party must not plead sufficiency of damages as a defence in the proceeding for such injunctive relief.
Appears in 5 contracts
Samples: Supply Agreement, Supply Agreement, Supply Agreement
Interpretation; Enforcement and Survival.
(a) Notwithstanding anything in this ARTICLE 15 to the contrary, nothing in this ARTICLE 15 shall affect the Parties’ rights and obligations under ARTICLE 14.
(b) The Parties acknowledge that a breach of any of the obligations or provisions contained in this ARTICLE 15 could cause the other Party to suffer loss which may not be adequately compensated for by damages and that the other Party may, in addition to any other remedy or relief, enforce the performance of this Agreement by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual or special damage and notwithstanding that in any particular case damages may be readily quantifiable, and such breaching Party must not plead sufficiency of damages as a defence in the proceeding for such injunctive relief.
Appears in 3 contracts
Samples: Supply Agreement, Supply Agreement, Supply Agreement
Interpretation; Enforcement and Survival.
(a) Notwithstanding anything in this ARTICLE 15 14 to the contrary, nothing in this ARTICLE 15 14 shall affect the Parties’ rights and obligations under ARTICLE 14obligations.
(b) The Parties acknowledge that a breach of any of the obligations or provisions contained in this ARTICLE 15 14 could cause the other Party to suffer loss which may not be adequately compensated for by damages and that the other Party may, in addition to any other remedy or relief, enforce the performance of this Agreement by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual or special damage and notwithstanding that in any particular case damages may be readily quantifiable, and such breaching Party must not plead sufficiency of damages as a defence in the proceeding for such injunctive relief.
Appears in 3 contracts
Samples: Supply Agreement, Supply Agreement, Supply Agreement
Interpretation; Enforcement and Survival.
(a) Notwithstanding anything in this ARTICLE 15 14 to the contrary, nothing in this ARTICLE 15 14 shall affect the Parties’ rights and obligations under ARTICLE 14.Error! Reference source not found..
(b) The Parties acknowledge that a breach of any of the obligations or provisions contained in this ARTICLE 15 14 could cause the other Party to suffer loss which may not be adequately compensated for by damages and that the other Party may, in addition to any other remedy or relief, enforce the performance of this Agreement by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual or special damage and notwithstanding that in any particular case damages may be readily quantifiable, and such breaching Party must not plead sufficiency of damages as a defence in the proceeding for such injunctive relief.
Appears in 2 contracts
Samples: Supply Agreement, Supply Agreement
Interpretation; Enforcement and Survival.
(a) Notwithstanding anything in this ARTICLE 15 12 to the contrary, nothing in this ARTICLE 15 12 shall affect the Parties’ rights and obligations under ARTICLE 1411.
(b) The Parties acknowledge that a breach of any of the obligations or provisions contained in this ARTICLE 15 12 could cause the other Party to suffer loss which may not be adequately compensated for by damages and that the other Party may, in addition to any other remedy or relief, enforce the performance of this Agreement by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual or special damage and notwithstanding that in any particular case damages may be readily quantifiable, and such breaching Party must not plead sufficiency of damages as a defence in the proceeding for such injunctive relief.
Appears in 1 contract
Samples: Equipment Rental Agreement
Interpretation; Enforcement and Survival.
(a) Notwithstanding anything in this ARTICLE 15 to the contrary, nothing in this ARTICLE 15 shall affect the Parties’ rights and obligations under ARTICLE 14.
(b) . The Parties acknowledge that a breach of any of the obligations or provisions contained in this ARTICLE 15 could cause the other Party to suffer loss which may not be adequately compensated for by damages and that the other Party may, in addition to any other remedy or relief, enforce the performance of this Agreement by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual or special damage and notwithstanding that in any particular case damages may be readily quantifiable, and such breaching Party must not plead sufficiency of damages as a defence in the proceeding for such injunctive relief.. TAXES
Appears in 1 contract
Samples: Supply Agreement