Common use of Litigation and Damages Clause in Contracts

Litigation and Damages. Failure of the undersigned or persons they may provide any information to, to adhere to this agreement may subject them to legal action. Buyer will be liable for all damages to Seller and/or FCBB-136 caused by Buyer’s divulging of Confidential Information and/or disturbing the Seller’s business operation including, but not limited to, the loss of fees by FCBB-136 and any liability FCBB-136 may have to Seller as a result thereof. Seller and Seller's successors are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. Notwithstanding anything herein to the contrary, in the event that Buyer violates any of the provisions set forth in this Agreement, Buyer acknowledges that Seller and FCBB-136 will suffer immediate and irreparable harm which cannot be accurately calculated in monetary damages. Buyer agrees that in addition to any other remedy, the Seller and FCBB-136 shall be entitled to immediate injunctive relief, either by temporary or permanent injunction, from a court of competent jurisdiction to prevent or halt such a breach. Buyer shall reimburse the Seller and FCBB-136 for any attorneys’ fees or costs incurred in obtaining any such injunctive relief. In the event of enforcement and/or litigation involving this Agreement and/or the Confidential Information, the undersigned and/or the principals that they represent agree that FCBB-136 shall be awarded all reasonable attorney’s fees and court costs in addition to any commission awards or other damages FCBB-136 receives. Further, Buyer will hold harmless and indemnify FCBB-136 from any and all claims, allegations, causes of actions, lawsuits, costs, losses or expenses, including without limitation, all expenses of investigation and defense of any claim or action, including all attorneys’ fees and costs, arising out of any claim made or action instituted by any person or entity arising out of this Agreement or Seller’s Confidential Information. All parties waive their rights to a trial by jury in regards any claim related to or arising from this Agreement. Should the Buyer file any legal or equitable action or proceeding against FCBB-136, its owners or agents, it will be a material breach of this Agreement. Buyer expressly agrees that FCBB-136’s adjudged liability, as well as the liability of any of its owners, individual agents, members, independent contractors, and/or employees shall be limited to a maximum amount of 50% of Commissions actually received by FCBB-136.

Litigation and Damages. Failure of the undersigned or persons they may provide any disclose Seller’s information to, to adhere to this agreement may subject them to legal action. Buyer will be liable for all damages to Seller and/or FCBB-136 Agent (if representing) caused by Buyer’s divulging of Confidential Information and/or disturbing the Seller’s business operation including, but not limited to, the loss of fees by FCBB-136 Seller and any liability FCBB-136 may have to Seller as a result thereof. Seller and Seller's successors are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. Notwithstanding anything herein to the contrary, in the event that Buyer violates any of the provisions set forth in this Agreement, Buyer acknowledges that Seller and FCBB-136 will suffer immediate and irreparable harm which cannot be accurately calculated in monetary damages. Buyer agrees that that, in addition to any other remedy, the Seller and FCBB-136 shall be entitled to immediate injunctive relief, either by temporary or permanent injunction, from a court of competent jurisdiction to prevent or halt such a breach. Buyer shall reimburse the Seller and FCBB-136 for any attorneys’ fees or costs incurred in obtaining any such injunctive relief. In the event of enforcement and/or litigation involving this Agreement and/or the Confidential Information, the undersigned and/or the principals that they represent agree that FCBB-136 Seller shall be awarded all reasonable attorney’s fees and court costs in addition to any commission awards or other damages FCBB-136 Seller receives. Further, Buyer will hold harmless and indemnify FCBB-136 Seller from any and all claims, allegations, causes of actions, lawsuits, costs, losses or expenses, including without limitation, all expenses of investigation and defense of any claim or action, including all attorneys’ fees and costs, arising out of any claim made or action instituted by any person or entity arising out of this Agreement or Seller’s Confidential Information. All parties specifically waive their rights to a trial by jury in regards any claim related to or arising from this Agreement. Should the Buyer file any legal or equitable action or proceeding against FCBB-136Seller, its owners or agents, it will be a material breach of this Agreement. Buyer expressly agrees that FCBB-136’s Seller adjudged liability, as well as the liability of any of its owners, individual agents, members, independent contractors, and/or employees shall be limited to a maximum amount of 50% of Commissions actually received by FCBB-136.10%

Litigation and Damages. Failure of the undersigned or persons they may provide any information to, to adhere to this agreement may subject them to legal action. Buyer will be liable for all damages to Seller and/or FCBB-136 BizSell caused by Buyer’s divulging of Confidential Information and/or disturbing the Seller’s business operation including, but not limited to, the loss of fees by FCBB-136 BizSell and any liability FCBB-136 BizSell may have to Seller as a result thereof. Seller and Seller's successors are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. Notwithstanding anything herein to the contrary, in the event that Buyer violates any of the provisions set forth in this Agreement, Buyer acknowledges that Seller and FCBB-136 BizSell will suffer immediate and irreparable harm which cannot be accurately calculated in monetary damages. Buyer agrees that in addition to any other remedy, the Seller and FCBB-136 BizSell shall be entitled to immediate injunctive relief, either by temporary or permanent injunction, from a court of competent jurisdiction to prevent or halt such a breach. Buyer shall reimburse the Seller and FCBB-136 BizSell for any attorneys’ fees or costs incurred in obtaining any such injunctive relief. In the event of enforcement and/or litigation involving this Agreement and/or the Confidential Information, the undersigned and/or the principals that they represent agree that FCBB-136 BizSell shall be awarded all reasonable attorney’s fees and court costs in addition to any commission awards or other damages FCBB-136 BizSell receives. Further, Buyer will hold harmless and indemnify FCBB-136 BizSell from any and all claims, allegations, causes of actions, lawsuits, costs, losses or expenses, including without limitation, all expenses of investigation and defense of any claim or action, including all attorneys’ fees and costs, arising out of any claim made or action instituted by any person or entity arising out of this Agreement or Seller’s Confidential Information. All parties waive their rights to a trial by jury in regards any claim related to or arising from this Agreement. Should the Buyer file any legal or equitable action or proceeding against FCBB-136BizSell, its owners or agents, it will be a material breach of this Agreement. Buyer expressly agrees that FCBB-136BiZsell’s adjudged liability, as well as the liability of any of its owners, individual agents, members, independent contractors, and/or employees shall be limited to a maximum amount of 50% of Commissions actually received by FCBB-136BizSell and BizSell shall be entitled to immediate injunctive relief, either by temporary or permanent injunction, from a court of competent jurisdiction to prevent or halt such a breach. Buyer shall reimburse the Seller and BizSell for any attorneys’ fees or costs incurred in obtaining any such injunctive relief. In the event of enforcement and/or litigation involving this Agreement and/or the Confidential Information, the undersigned and/or the principals that they represent agree that BizSell shall be awarded all reasonable attorney’s fees and court costs in addition to any commission awards or other damages BizSell receives. Further, Buyer will hold harmless and indemnify BizSell from any and all claims, allegations, causes of actions, lawsuits, costs, losses or expenses, including without limitation, all expenses of investigation and defense of any claim or action, including all attorneys’ fees and costs, arising out of any claim made or action instituted by any person or entity arising out of this Agreement or Seller’s Confidential Information. All parties waive their rights to a trial by jury in regards any claim related to or arising from this Agreement. Should the Buyer file any legal or equitable action or proceeding against BizSell, its owners or agents, it will be a material breach of this Agreement. Buyer expressly agrees that BizSell’s adjudged liability, as well as the liability of any of its owners, individual agents, members, independent contractors, and/or employees shall be limited to a maximum amount of 50% of Commissions actually received by BizSell.

Litigation and Damages. Failure of the undersigned or persons they may provide any disclose Seller’s information to, to adhere to this agreement may subject them to legal action. Buyer will be liable for all damages to Seller and/or FCBB-136 FCBB caused by BuyerXxxxx’s divulging of Confidential Information and/or disturbing the Seller’s business operation including, but not limited to, the loss of fees by FCBB-136 FCBB and any liability FCBB-136 FCBB may have to Seller as a result thereof. Seller and SellerXxxxxx's successors are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. Notwithstanding anything herein to the contrary, in the event that Buyer violates any of the provisions set forth in this Agreement, Buyer acknowledges that Seller and FCBB-136 FCBB will suffer immediate and irreparable harm which cannot be accurately calculated in monetary damages. Buyer Xxxxx agrees that that, in addition to any other remedy, the Seller and FCBB-136 FCBB shall be entitled to immediate injunctive relief, either by temporary or permanent injunction, from a court of competent jurisdiction to prevent or halt such a breach. Buyer shall reimburse the Seller and FCBB-136 FCBB for any attorneys’ fees or costs incurred in obtaining any such injunctive relief. In the event of enforcement and/or litigation involving this Agreement and/or the Confidential Information, the undersigned and/or the principals that they represent agree that FCBB-136 FCBB shall be awarded all reasonable attorney’s fees and court costs in addition to any commission awards or other damages FCBB-136 FCBB receives. Further, Buyer will hold harmless and indemnify FCBB-136 FCBB from any and all claims, allegations, causes of actions, lawsuits, costs, losses or expenses, including without limitation, all expenses of investigation and defense of any claim or action, including all attorneys’ fees and costs, arising out of any claim made or action instituted by any person or entity arising out of this Agreement or Seller’s Confidential Information. All parties specifically waive their rights to a trial by jury in regards any claim related to or arising from this Agreement. Should the Buyer file any legal or equitable action or proceeding against FCBB-136FCBB, its owners or agents, it will be a material breach of this Agreement. Buyer Xxxxx expressly agrees that FCBB-136FCBB’s adjudged liability, as well as the liability of any of its owners, individual agents, members, independent contractors, and/or employees shall be limited to a maximum amount of 50% of Commissions actually received by FCBB-136FCBB.