Legal and Equitable Enforcement of This Agreement Sample Clauses

Legal and Equitable Enforcement of This Agreement. (a) Buyer’s Remedies. If the Closing fails to occur on account of Seller’s default under this Agreement, then as Buyer’s sole remedy for such default Buyer will be entitled either (1) to terminate this Agreement and receive the return of the Deposit and reimbursement of its reasonable out-of-pocket expenses incurred in connection with the transaction or this Agreement (including reasonable attorneys’ fees, consultants’ costs, and travel costs), provided, however, that in no event shall Seller’s liability under this subsection 15(a) exceed $100,000 or (2) to seek specific performance of this Agreement, without recovery of any amounts, fees, costs, expenses or damages of any kind except attorneys’ fees pursuant to section 29 below, by formally filing an action for specific performance with an appropriate court of competent jurisdiction within the thirty (30) day period immediately following such default by Seller and serving such action upon Seller within such thirty (30) day period. Buyer’s failure to timely file such action and serve Seller within such thirty (30) day period shall be deemed for all purposes to be Buyer’s irrevocable waiver of all rights to seek specific performance of this Agreement. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH ABOVE IN THIS SECTION 15, BUYER HEREBY WAIVES ANY RIGHT TO ANY DAMAGES (WHETHER ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE AND WHETHER OR NOT THE REMEDY OF SPECIFIC PERFORMANCE IS AVAILABLE) OR ANY OTHER LEGAL OR EQUITABLE REMEDY (OTHER THAN THAT SPECIFIED ABOVE) THAT IT MAY OTHERWISE HAVE FOR SELLER’S DEFAULT. INITIALS: /s/ SXXXXXX X. XXXXXXXX /s/ CXXXXXX X. XXXXX SELLER BUYER (b) Seller’s Remedy. (i) IF THE CLOSING FAILS TO OCCUR ON ACCOUNT OF BUYER’S DEFAULT UNDER THIS AGREEMENT, THEN, AS SELLER’S SOLE REMEDY FOR SUCH DEFAULT AND UPON WRITTEN NOTICE OF TERMINATION FROM SELLER TO BUYER AND ESCROW AGENT, THE ESCROW AND THIS AGREEMENT SHALL TERMINATE (EXCEPT FOR THIS SECTION 15(B), AND ALL OTHER PROVISIONS WHICH EXPRESSLY SURVIVE TERMINATION OF THIS AGREEMENT) AND SELLER SHALL RECEIVE LIQUIDATED DAMAGES AS PROVIDED IN THIS SECTION 15(B). (ii) THE PARTIES ACKNOWLEDGE AND AGREE THAT UPON BUYER’S DEFAULT, SELLER WILL INCUR CERTAIN COSTS AND OTHER DAMAGES IN AN AMOUNT THAT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICAL TO ASCERTAIN. BUYER ACKNOWLEDGES AND AGREES THAT THE AMOUNT OF THE DEPOSIT BEARS A REASONABLE RELATIONSHIP TO THE DAMAGES WHICH THE PARTIES ESTIMATE MAY BE SUFFERED BY SELLER BY REASON OF FAILURE OF...
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Legal and Equitable Enforcement of This Agreement. Default by Seller IN THE EVENT SELLER SHALL: (A) FAIL TO SELL, TRANSFER AND ASSIGN THE PROPERTY TO BUYER IN VIOLATION OF THE TERMS OF THIS AGREEMENT, AND/OR (B) FAIL TO PERFORM ANY OTHER MATERIAL OBLIGATION OF SELLER HEREUNDER AFTER SELLER HAS BEEN GIVEN FIVE (5) BUSINESS DAYS’ NOTICE AND OPPORTUNITY TO CURE, AND/OR
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Legal and Equitable Enforcement of This Agreement 
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Related to Legal and Equitable Enforcement of This Agreement

  • Law Enforcement 24.1 Each Party may cooperate with law enforcement authorities and national security authorities to the full extent required or permitted by Applicable Law in matters related to Services provided by it under this Agreement, including, but not limited to, the production of records, the establishment of new lines or the installation of new services on an existing line in order to support law enforcement and/or national security operations, and, the installation of wiretaps, trap-and-trace facilities and equipment, and dialed number recording facilities and equipment. 24.2 A Party shall not have the obligation to inform the other Party or the Customers of the other Party of actions taken in cooperating with law enforcement or national security authorities, except to the extent required by Applicable Law. 24.3 Where a law enforcement or national security request relates to the establishment of lines (including, but not limited to, lines established to support interception of communications on other lines), or the installation of other services, facilities or arrangements, a Party may act to prevent the other Party from obtaining access to information concerning such lines, services, facilities and arrangements, through operations support system interfaces.

  • Specific Enforcement Each party hereto acknowledges that the remedies at law of the other parties for a breach or threatened breach of this Agreement would be inadequate and, in recognition of this fact, any party to this Agreement, without posting any bond, and in addition to all other remedies that may be available, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy that may then be available.

  • Contract Enforcement Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED TO A, B2, 5-7. Enforcement of Contract and Dispute Resolution Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED 1) Vendor and DIR agree to the following: (i) a party’s failure to require strict performance of any provision of the Contract shall not waive or diminish that party’s right thereafter to demand strict compliance with that or any other provision, (ii) for disputes not resolved in the normal course of business, the dispute resolution process provided for in Chapter 2260, Texas Government Code, shall be used, and (iii) actions or proceedings arising from the Contract shall be heard in a state court of competent jurisdiction in Xxxxxx County, Texas. 2) Disputes arising between a Customer and the Vendor shall be resolved in accordance with the dispute resolution process of the Customer that is not inconsistent with subparagraph A.1 above. DIR shall not be a party to any such dispute unless DIR, Xxxxxxxx, and Vendor agree in writing. 3) State agencies are required by rule (34 TAC §20.1115) to report vendor performance through the Vendor Performance Tracking System (VPTS) on every purchase over $25,000. 1) Termination for Non-Appropriation a) Termination for Non-Appropriation by Customer

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