Material breach by the Company Sample Clauses

Material breach by the Company. The Executive will be entitled to recover actual damages in the event of any material breach of this Agreement by the Company, including any unexcused late or non-payment of any amounts owed under this Agreement, or any unexcused failure to provide any other benefits specified in this Agreement. In the event of a breach or threatened breach by the Company of any of its material obligations to him under this Agreement, the Executive will be entitled to seek, in addition to any other remedies provided in this Agreement, specific performance of the Company�s obligations and any other applicable equitable or injunctive relief. Despite any breach by the Company, its other duties and obligations under this Agreement will remain in full force and effect.

Material breach by the Company. ▇▇. ▇▇▇▇▇▇▇▇▇▇▇ will be entitled to recover any loss, injury, or actual damages in the event of any material breach of this Agreement by the Company, including any unexcused late or non-payment of any amounts owed under this Agreement, or any unexcused failure to provide any other benefits specified in this Agreement. In the event of a breach or threatened breach by the Company of any of its material obligations to him under this Agreement, ▇▇. ▇▇▇▇▇▇▇▇▇▇▇ will be entitled, in addition to any other remedies provided in this Agreement, to specific performance of the Company’s obligations and any other applicable equitable or injunctive relief. Despite any breach by the Company, its other duties and obligations under this Agreement will remain in full force and effect.

Material breach by the Company. ▇▇. ▇▇▇▇▇▇ will be entitled to recover actual damages in the event of any material breach of this Agreement by the Company, including any unexcused late or non-payment of any amounts owed under this Agreement, or any unexcused failure to provide any other benefits specified in this Agreement. In the event of a breach or threatened breach by the Company of any of its material obligations to him under this Agreement, ▇▇. ▇▇▇▇▇▇ will be entitled to seek, in addition to any other remedies provided in this Agreement, specific performance of the Company’s obligations and any other applicable equitable or injunctive relief. Pursuant to paragraph 15, and except as prohibited or limited by law, the Company will also be liable for any litigation costs and expenses that ▇▇. ▇▇▇▇▇▇ incurs in successfully seeking enforcement of her rights under this Agreement, including reasonable attorney’s fees. Despite any breach by the Company, its other duties and obligations under this Agreement will remain in full force and effect.

Material breach by the Company. By Schwab, in the event that the Company commits a material breach of this Agreement (other than a breach of payment obligations under this Agreement or a breach of Section 2.4), and (i) the breach is incurable or (ii) the Company fails to cure such breach within ninety (90) days of receiving a notice of default from Schwab (or such longer period as Schwab may reasonably agree if said breach is incapable of cure within such ninety (90) days) (the "Cure Period"), by giving a notice of termination to the Company within thirty (30) days of first becoming aware of such breach (if such breach is incurable) or in the thirty (30) day period commencing at the end of the Cure Period, with termination of this Agreement to become effective upon delivery of the notice.

Material breach by the Company. By ▇▇. ▇▇▇▇, at any time by written notice to the Company, upon any material breach by the Company of the terms hereof which continues uncured for a period of at least thirty (30) days after a demand for substantial performance is delivered to the Board by ▇▇. ▇▇▇▇ which specifically identifies the manner in which ▇▇. ▇▇▇▇ believes the Company has materially breached this Agreement.