Notice of Breach and Remedies Sample Clauses

Notice of Breach and Remedies. (a) The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions.
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Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Group and each Xxxxxxx Group Member expressly agree that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by SIFI unless and until SIFI is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If SIFI seeks relief in court, the Xxxxxxx Group and each Xxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxx Group and/or any Xxxxxxx Group Member or any assertion by the Xxxxxxx Group and/or any Xxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause SIFI irreparable harm, then SIFI shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx Group and each Xxxxxxx Group Member shall not deny or contest that such circumstances would cause SIFI irreparable harm. If, after such thirty (30) business day period, SIFI has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx Group or each Xxxxxxx Group Member may terminate this Agreement by delivery of written notice to SIFI. SIFI expressly agrees that it will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Xxxxxxx Group or any Xxxxxxx Group Member unless and until the Xxxxxxx Group and each Xxxxxxx Group Member is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxx Group or any Xxxxxxx Group Member seeks relief in court, SIFI irrevocably stipulates that any failure to perform by SIFI or any assertion by SIFI that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxx Group and each Xxxxxxx Group Member irreparable harm, then the Xxxxxxx Group or any Xxxxxxx Group Member shall not be required to provide further proof...
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Notice of Breach and Remedies. The Parties expressly agree that an actual or threatened breach of this Agreement by any Party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each Party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. The PL Capital Parties expressly agree that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by MutualFirst unless and until MutualFirst is given written notice of such breach and thirty (30) business days either to cure such breach or for MutualFirst to seek relief in court. If MutualFirst seeks relief in court, the PL Capital Parties irrevocably stipulate that any failure to perform by the PL Capital Parties shall be deemed to constitute irreparable harm under this Agreement, therefore MutualFirst shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and the PL Capital Parties shall not deny or contest that such circumstances would cause MutualFirst irreparable harm. If, after such thirty (30) business day period, MutualFirst has not either reasonably cured such material breach or obtained relief in court, the PL Capital Parties may terminate this Agreement by delivery of written notice to MutualFirst. MutualFirst expressly agrees that it will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the PL Capital Parties or any of them unless and until the PL Capital Parties are given written notice of such breach and thirty (30) business days either to cure such breach or for the PL Capital Parties to seek relief in court. If the PL Capital Parties seek relief in court, MutualFirst irrevocably stipulates that any failure to perform by MutualFirst shall be deemed to constitute irreparable harm under this Agreement, therefore the PL Capital Parties shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and MutualFirst shall not deny or contest that such circumstances would cause the PL Capital Parties irreparable harm. If, after such thirty (30) business day period, the PL Capital Parties have not either reasonably cured such material breach or obtained relief in court, MutualFi...
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Notice of Breach and Remedies. Recipient shall notify Disclosing Party immediately upon becoming aware of any breach or threatened breach of Section 6 by Recipient or any subcontractor to whom Recipient has disclosed or otherwise made available Disclosing Party’s Confidential Information. Recipient shall give all reasonable assistance to Disclosing Party in connection with any steps that Disclosing Party may wish to take to prevent or stop that breach or threatened breach and, with respect to any breach by any subcontractor to whom Recipient disclosed or otherwise made available Disclosing Party’s Confidential Information, also to obtain compensation for that breach or threatened breach. Recipient agrees that breach of Section 6 may cause Disclosing Party irreparable harm, for which monetary damages are not adequate compensation. Therefore, Recipient agrees that Disclosing Party is entitled to injunctive or other equitable relief to prevent or stop any breach or threatened breach of this Section 6 and Recipient will take no action to diminish the rights of Disclosing Party. Nothing in this Agreement may be construed as limiting Disclosing Party’s right to any other remedies at law or equity.
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Notice of Breach and Remedies. In the event Developer is in default, the City may thereafter deliver a notice of breach or failure of recordation of the Irrevocable Offers of Dedication to Developer and Developer’s surety for payment of the bond or letter of credit amount to the City. If the form of security is other than a bond, then the City may proceed to collect against the security in the manner provided by law and the terms of this Agreement and/or the security instrument. The City reserves to itself all remedies available to it at law or in equity for a breach of Developer’s obligations under this Agreement, including the City, at the subdivider’s expense, acquiring the land by negotiation or commence proceedings to acquire an interest in the land. In addition to any other remedy the City may have, a breach of this Agreement by the Developer shall constitute consent to the filing by the City of a notice of violation against the Property. The City may then use any security proceeds to take over the work to complete recordation of the Irrevocable Offers of Dedication and/or Required Improvements and ongoing maintenance costs associated and that would have otherwise paid for. This would be at the expense of the Developer, and Developer shall be liable to the City for any excess cost or damages incurred by the City.
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Notice of Breach and Remedies. (a) The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. In the event either party institutes any legal action to enforce such party's rights under, or recover damages for breach of, this Agreement, the prevailing party or parties in such action shall be entitled to recover from the other party or parties all costs and expenses, including but not limited to reasonable attorneys' fees, court costs, witness fees, disbursements and any other expenses of litigation or negotiation incurred by such prevailing party or parties.
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Notice of Breach and Remedies. In the event Developer is in default, the City may thereafter deliver a notice of breach or failure of construction of the improvements to Developer and Developer’s surety for payment of the bond or letter of credit amount to the City. If the form of security is other than a bond, then the City may proceed to collect against the security in the manner provided by law and the terms of this Agreement and/or the security instrument. The City reserves to itself all remedies available to it at law or in equity for a breach of Developer’s obligations under this Agreement. In addition to any other remedy the City may have, a breach of this Agreement by the Developer shall constitute consent to the filing by the City of a notice of violation against the Property. The City may then use any security proceeds to take over the work to complete the construction of the improvements and associated maintenance costs. This would be at the expense of the Developer, and Developer shall be liable to the City for any excess cost or damages incurred by the City.
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Related to Notice of Breach and Remedies

  • Default Breach Remedies Notwithstanding anything to the contrary contained in Paragraph 13.1 or elsewhere in the Lease:

  • Termination and Remedies Provided no TO is outstanding and remains to be performed by either party, this Agreement may be terminated by either party upon 30 days prior written notice to the other party. Any TO may be terminated under the following circumstances: by both Parties on mutual written agreement of the Parties; by either Party for its convenience with written notice and after the Termination Notice Period specified in the Additional Terms has expired; by Mercy Corps immediately upon written notice in the event Mercy Corps’ donor(s) terminates or withdraws funding that Mercy Corps would use to pay Contractor under the Additional Terms; by either Party due to the non-terminating Party’s breach of this Agreement and failure to correct such breach within 15 days prior notice of such breach; be either Party upon written notice if a force majeure event, including any not reasonably foreseeable war, insurrection, change in law or government action or inaction, strike, natural disaster or similar event, prevents the terminating Party from being able to fulfill its obligations under this Agreement; or by Mercy Corps immediately upon written notice if Mercy Corps using its sole discretion determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, in which case Mercy Corps may withhold any and all amounts owed to Contractor until such breach is remedied. In the event of termination due to Contractor’s breach or by Contractor for Contractor’s convenience, Mercy Corps will not be obligated to pay Contractor for any partially completed work. In the event termination is due to Mercy Corps’ breach, by Mercy Corps for Mercy Corps convenience, due to force majeure event, or due to loss of funding, Mercy Corps will be obligated to pay Contractor for its reasonable, pro-rated costs of work completed and expenses properly incurred prior to termination. However, Mercy Corps will not be responsible for any expenses incurred in anticipation of termination or suspension. If Mercy Corps determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, Mercy Corps may, in addition to any other remedies for such breach available at law or in equity, terminate this Agreement.

  • Termination Remedies Section E.1.

  • Exclusive Remedies Subject to Section 10.13, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from fraud, criminal activity, or willful misconduct on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VIII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under Law, any and all rights, claims, and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their respective Representatives arising under or based upon any Law, except pursuant to the indemnification provisions set forth in this ARTICLE VIII. Nothing in this Section 8.08 shall limit any Person’s right to seek and obtain any equitable relief to which any Person shall be entitled or to seek any remedy on account of any party’s fraud, criminal activity, or intentional misconduct.

  • Defaults and Remedies Section 6.01.

  • Waiver and Remedies The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

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