Common use of Notice of Breach and Remedies Clause in Contracts

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. (b) Each Xxxxxxxx Group Member expressly agrees that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Company unless and until the Company is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company seeks relief in court, the Xxxxxxxx Group and each Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company irreparable harm, that the Company shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Group and each Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company irreparable harm. If, after such thirty (30) business day period, the Company has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Group or each Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company 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 Xxxxxxxx Group or any Xxxxxxxx Group Member unless and until the Xxxxxxxx Group and each Xxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Group or any Xxxxxxxx Group Member seeks relief in court, the Company irrevocably stipulates that any failure to perform by the Company or any assertion by the Company that it is excused from performing its obligations under this Agreement would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Group or any Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company shall not deny or contest that such circumstances would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Group or the Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company may terminate this Agreement by delivery of written notice to the Xxxxxxxx Group and each Xxxxxxxx Group Member.

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. (b) Each Xxxxxxxx Group Member The Nominee expressly agrees that they he will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Company unless and until the Company is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company seeks relief in court, the Xxxxxxxx Group and each Xxxxxxxx Group Member Nominee irrevocably stipulate stipulates that any failure to perform by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member Nominee or any assertion by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member Nominee that they are he is excused from performing their his obligations under this Agreement would cause the Company irreparable harm, that the Company shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Group and each Xxxxxxxx Group Member Nominee shall not deny or contest that such circumstances would cause the Company irreparable harmharm (in the context of opposing equitable relief). If, after such thirty (30) business day period, the Company has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Group or each Xxxxxxxx Group Member Nominee may terminate this Agreement by delivery of written notice to the Company. (c) The Company 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 Xxxxxxxx Group or any Xxxxxxxx Group Member Nominee unless and until the Xxxxxxxx Group and each Xxxxxxxx Group Member Nominee is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Group or any Xxxxxxxx Group Member Nominee seeks relief in court, the Company irrevocably stipulates that any failure to perform by the Company or any assertion by the Company that it is excused from performing its obligations under this Agreement would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member Nominee irreparable harm, that the Xxxxxxxx Group or any Xxxxxxxx Group Member Nominee shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company shall not deny or contest that such circumstances would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member Nominee irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Group or the Xxxxxxxx Group Member Nominee has not either reasonably cured such material breach or obtained relief in court, the Company may terminate this Agreement by delivery of written notice to the Xxxxxxxx Group and each Xxxxxxxx Group MemberNominee.

Notice of Breach and Remedies. (a) The parties Parties expressly agree that an actual or threatened breach of this Agreement by any party 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 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. (b) Each Xxxxxxxx Group Member . The PL Capital Parties expressly agrees 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 the Company MutualFirst unless and until the Company 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 the Company MutualFirst seeks relief in court, the Xxxxxxxx Group and each Xxxxxxxx Group Member PL Capital Parties irrevocably stipulate that any failure to perform by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations PL Capital Parties shall be deemed to constitute irreparable harm under this Agreement would cause the Company irreparable harmAgreement, that the Company therefore MutualFirst shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Group and each Xxxxxxxx Group Member PL Capital Parties shall not deny or contest that such circumstances would cause the Company MutualFirst irreparable harm. If, after such thirty (30) business day period, the Company MutualFirst has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Group or each Xxxxxxxx Group Member PL Capital Parties may terminate this Agreement by delivery of written notice to the Company. (c) The Company 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 Xxxxxxxx Group PL Capital Parties or any Xxxxxxxx Group Member of them unless and until the Xxxxxxxx Group and each Xxxxxxxx Group Member is 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 Xxxxxxxx Group or any Xxxxxxxx Group Member seeks PL Capital Parties seek relief in court, the Company MutualFirst irrevocably stipulates that any failure to perform by the Company or any assertion by the Company that it is excused from performing its obligations MutualFirst shall be deemed to constitute irreparable harm under this Agreement would cause Agreement, therefore the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Group or any Xxxxxxxx Group Member PL Capital Parties shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company MutualFirst shall not deny or contest that such circumstances would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member PL Capital Parties irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Group or the Xxxxxxxx Group Member has PL Capital Parties have not either reasonably cured such material breach or obtained relief in court, the Company MutualFirst may terminate this Agreement by delivery of written notice to the Xxxxxxxx Group and each Xxxxxxxx Group MemberPL Capital Parties.

Notice of Breach and Remedies. (a) The parties Parties expressly agree that an actual or threatened breach of this Agreement by any party 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 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. (b) Each Xxxxxxxx Group Member . Xxxxx and Xxxxxx expressly agrees 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 the Company Anchor unless and until the Company Anchor is given written notice of such breach and thirty (30) business days either to cure such breach or for Anchor to seek relief in court. If the Company Anchor seeks relief in court, the Xxxxxxxx Group Xxxxx and each Xxxxxxxx Group Member Xxxxxx irrevocably stipulate that any failure to perform by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations Xxxxx and Xxxxxx shall be deemed to constitute irreparable harm under this Agreement would cause the Company irreparable harmAgreement, that the Company therefore Anchor shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Group Xxxxx and each Xxxxxxxx Group Member Xxxxxx shall not deny or contest that such circumstances would cause the Company Anchor irreparable harm. If, after such thirty (30) business day period, the Company Anchor has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Group or each Xxxxxxxx Group Member Xxxxx and Xxxxxx may terminate this Agreement by delivery of written notice to the Company. (c) The Company Anchor. Anchor 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 Xxxxxxxx Group or any Xxxxxxxx Group Member Xxxxx and Xxxxxx unless and until the Xxxxxxxx Group Xxxxx and each Xxxxxxxx Group Member is Xxxxxx are given written notice of such breach and thirty (30) business days either to cure such breach or for Xxxxx and Xxxxxx to seek relief in court. If the Xxxxxxxx Group or any Xxxxxxxx Group Member seeks Xxxxx and Xxxxxx seek relief in court, the Company Anchor irrevocably stipulates that any failure to perform by the Company or any assertion by the Company that it is excused from performing its obligations Anchor shall be deemed to constitute irreparable harm under this Agreement would cause the Xxxxxxxx Group Agreement, therefore Xxxxx and each Xxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Group or any Xxxxxxxx Group Member Xxxxxx shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Anchor shall not deny or contest that such circumstances would cause the Xxxxxxxx Group Xxxxx and each Xxxxxxxx Group Member Xxxxxx irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Group or the Xxxxxxxx Group Member has Xxxxx and Xxxxxx have not either reasonably cured such material breach or obtained relief in court, the Company Anchor may terminate this Agreement by delivery of written notice to the Xxxxxxxx Group Xxxxx and each Xxxxxxxx Group MemberXxxxxx.

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. (b) Each The Xxxxxxxx Group and each Xxxxxxxx Group Member expressly agrees 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 the Company unless and until the Company is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company seeks relief in court, the Xxxxxxxx Group and each Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company irreparable harm, that the Company shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Group and each Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company irreparable harm. If, after such thirty (30) business day period, the Company has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Group or each Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company 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 Xxxxxxxx Group or any Xxxxxxxx Group Member unless and until the Xxxxxxxx Group and each Xxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Group or any Xxxxxxxx Group Member seeks relief in court, the Company irrevocably stipulates that any failure to perform by the Company or any assertion by the Company that it is excused from performing its obligations under this Agreement would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Group or any Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company shall not deny or contest that such circumstances would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Group or the Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company may terminate this Agreement by delivery of written notice to the Xxxxxxxx Group and each Xxxxxxxx Group Member.

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. (b) Each Xxxxxxxx . The Sxxxxxx Group and each Sxxxxxx Group Member expressly agrees 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 the Company ASB unless and until the Company ASB is given written notice of such breach and thirty (30) allowed 30 business days either to cure such breach or seek relief in court. If the Company ASB seeks relief in court, the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Sxxxxxx Group and/or any Xxxxxxxx Sxxxxxx Group Member or any assertion by the Xxxxxxxx Sxxxxxx Group and/or any Xxxxxxxx Sxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause the Company ASB irreparable harm, that the Company then ASB shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company ASB irreparable harm. If, after such thirty (30) 30 business day period, the Company ASB has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Sxxxxxx Group or each Xxxxxxxx Sxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company ASB. ASB 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 Xxxxxxxx Sxxxxxx Group or any Xxxxxxxx Sxxxxxx Group Member unless and until the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member is given written notice of such breach and thirty (30) allowed 30 business days either to cure such breach or seek relief in court. If the Xxxxxxxx Sxxxxxx Group or any Xxxxxxxx Sxxxxxx Group Member seeks relief in court, the Company ASB irrevocably stipulates that any failure to perform by the Company ASB or any assertion by the Company ASB that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member irreparable harm, that then the Xxxxxxxx Sxxxxxx Group or any Xxxxxxxx Sxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company ASB shall not deny or contest that such circumstances would cause the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member irreparable harm. If, after such thirty (30) 30 business day period, the Xxxxxxxx Sxxxxxx Group or the Xxxxxxxx Sxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company ASB may terminate this Agreement by delivery of written notice to the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member.

Notice of Breach and Remedies. (a) The parties expressly agree that an actual or threatened breach of this Settlement 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 Settlement Agreement or to secure specific enforcement of its terms and provisions. (b) Each Xxxxxxxx . The Sxxxxxxx Group and each Sxxxxxxx Group Member expressly agrees agree that they will not be excused or claim to be excused from performance under this Settlement Agreement as a result of any material breach by the Company Prudential unless and until the Company Prudential is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company Prudential seeks relief in court, the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Sxxxxxxxx Group and/or any Xxxxxxxx Sxxxxxxx Group Member or any assertion by the Xxxxxxxx Sxxxxxxx Group and/or any Xxxxxxxx Sxxxxxxx Group Member that they are excused from performing their obligations under this Settlement Agreement would cause the Company Prudential irreparable harm, that the Company Prudential shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company Prudential irreparable harm. If, after such thirty (30) business day period, the Company Prudential has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Sxxxxxxx Group or each Xxxxxxxx Sxxxxxxx Group Member may terminate this Settlement Agreement by delivery of written notice to the Company. (c) The Company Prudential. Prudential expressly agrees that it will not be excused or claim to be excused from performance under this Settlement Agreement as a result of any material breach by the Xxxxxxxx Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member unless and until the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member seeks relief in court, the Company Prudential irrevocably stipulates that any failure to perform by the Company Prudential or any assertion by the Company Prudential that it is excused from performing its obligations under this Settlement Agreement would cause the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Prudential shall not deny or contest that such circumstances would cause the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Sxxxxxxx Group or the Xxxxxxxx Sxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company Prudential may terminate this Settlement Agreement by delivery of written notice to the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member.

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. (b) Each The Xxxxxxxx Group and each Xxxxxxxx Group Member expressly agrees 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 the Company Sunshine unless and until the Company Sunshine is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company Sunshine seeks relief in court, the The Xxxxxxxx Group and each Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx The Xxxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the The Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company Sunshine irreparable harm, that the Company Sunshine shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the The Xxxxxxxx Group and each Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company Sunshine irreparable harm. If, after such thirty (30) business day period, the Company Sunshine has not either reasonably cured such material breach or obtained relief in court, the The Xxxxxxxx Group or each Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the CompanySunshine. (c) The Company Sunshine 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 The Xxxxxxxx Group or any Xxxxxxxx Group Member unless and until the The Xxxxxxxx Group and each Xxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the The Xxxxxxxx Group or any Xxxxxxxx Group Member seeks relief in court, the Company Sunshine irrevocably stipulates that any failure to perform by the Company Sunshine or any assertion by the Company Sunshine that it is excused from performing its obligations under this Agreement would cause the The Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, that the The Xxxxxxxx Group or any Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Sunshine shall not deny or contest that such circumstances would cause the The Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the The Xxxxxxxx Group or the Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company Sunshine may terminate this Agreement by delivery of written notice to the The Xxxxxxxx Group and each Xxxxxxxx Group Member.

Notice of Breach and Remedies. (a) The parties Parties expressly agree that an actual or threatened breach of this Agreement by any party 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 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. (b) Each Xxxxxxxx Group Member The Ancora Parties expressly agrees 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 the Company unless and until the Company is given written notice of such breach and thirty ten (3010) business days either to cure such breach or for the Company to seek relief in court. If the Company seeks relief in court, the Xxxxxxxx Group and each Xxxxxxxx Group Member Ancora Parties irrevocably stipulate that any failure to perform by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations Ancora Parties shall be deemed to constitute irreparable harm under this Agreement would cause the Company irreparable harmAgreement, that therefore the Company shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Group and each Xxxxxxxx Group Member Ancora Parties shall not deny or contest that such circumstances would cause the Company irreparable harm. If, after such thirty ten (3010) business day period, the Company has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Group or each Xxxxxxxx Group Member Ancora Parties may terminate this Agreement by delivery of written notice to the Company. (c) The Company 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 Xxxxxxxx Group Ancora Parties or any Xxxxxxxx Group Member thereof unless and until the Xxxxxxxx Group and each Xxxxxxxx Group Member is Ancora Parties are given written notice of such breach and thirty ten (3010) business days either to cure such breach or for the Ancora Parties to seek relief in court. If the Xxxxxxxx Group or any Xxxxxxxx Group Member seeks Ancora Parties seek relief in court, the Company irrevocably stipulates that any failure to perform by the Company or any assertion by the Company that it is excused from performing its obligations shall be deemed to constitute irreparable harm under this Agreement would cause Agreement, therefore the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Group or any Xxxxxxxx Group Member Ancora Parties shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company shall not deny or contest that such circumstances would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member Ancora Parties irreparable harm. If, after such thirty ten (3010) business day period, the Xxxxxxxx Group or the Xxxxxxxx Group Member has Ancora Parties have not either reasonably cured such material breach or obtained relief in court, the Company may terminate this Agreement by delivery of written notice to the Xxxxxxxx Group and each Xxxxxxxx Group MemberAncora Parties.

Notice of Breach and Remedies. (a) The parties expressly agree that an actual or threatened breach of this Settlement 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 Settlement Agreement or to secure specific enforcement of its terms and provisions. (b) Each . The Xxxxxxxx Group and each Xxxxxxxx Group Member expressly agrees agree that they will not be excused or claim to be excused from performance under this Settlement Agreement as a result of any material breach by the Company Prudential unless and until the Company Prudential is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company Prudential seeks relief in court, the Xxxxxxxx Group and each Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Xxxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations under this Settlement Agreement would cause the Company Prudential irreparable harm, that the Company Prudential shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Group and each Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company Prudential irreparable harm. If, after such thirty (30) business day period, the Company Prudential has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Group or each Xxxxxxxx Group Member may terminate this Settlement Agreement by delivery of written notice to the Company. (c) The Company Prudential. Prudential expressly agrees that it will not be excused or claim to be excused from performance under this Settlement Agreement as a result of any material breach by the Xxxxxxxx Group or any Xxxxxxxx Group Member unless and until the Xxxxxxxx Group and each Xxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Group or any Xxxxxxxx Group Member seeks relief in court, the Company Prudential irrevocably stipulates that any failure to perform by the Company Prudential or any assertion by the Company Prudential that it is excused from performing its obligations under this Settlement Agreement would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Group or any Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Prudential shall not deny or contest that such circumstances would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Group or the Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company Prudential may terminate this Settlement Agreement by delivery of written notice to the Xxxxxxxx Group and each Xxxxxxxx Group Member.

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. (b) Each . The Xxxxxxxx Group and each Xxxxxxxx Group Member expressly agrees 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 the Company unless and until the Company is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company seeks relief in court, the Xxxxxxxx Group and each Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company irreparable harm, that the Company shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Group and each Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company irreparable harm. If, after such thirty (30) business day period, the Company has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Group or each Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) . The Company 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 Xxxxxxxx Group or any Xxxxxxxx Group Member unless and until the Xxxxxxxx Group and each Xxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Group or any Xxxxxxxx Group Member seeks relief in court, the Company irrevocably stipulates that any failure to perform by the Company or any assertion by the Company that it is excused from performing its obligations under this Agreement would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Group or any Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company shall not deny or contest that such circumstances would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Group or the Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company may terminate this Agreement by delivery of written notice to the Xxxxxxxx Group and each Xxxxxxxx Group Member.

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. (b) Each Xxxxxxxx . The Xxxxxxx Group and each Xxxxxxx Group Member expressly agrees 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 the Company ASB unless and until the Company ASB is given written notice of such breach and thirty (30) allowed 30 business days either to cure such breach or seek relief in court. If the Company ASB seeks relief in court, the Xxxxxxxx Xxxxxxx Group and each Xxxxxxxx Xxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Xxxxxxx Group and/or any Xxxxxxxx Xxxxxxx Group Member or any assertion by the Xxxxxxxx Xxxxxxx Group and/or any Xxxxxxxx Xxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause the Company ASB irreparable harm, that the Company then ASB shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Xxxxxxx Group and each Xxxxxxxx Xxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company ASB irreparable harm. If, after such thirty (30) 30 business day period, the Company ASB has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Xxxxxxx Group or each Xxxxxxxx Xxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company ASB. ASB 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 Xxxxxxxx Xxxxxxx Group or any Xxxxxxxx Xxxxxxx Group Member unless and until the Xxxxxxxx Xxxxxxx Group and each Xxxxxxxx Xxxxxxx Group Member is given written notice of such breach and thirty (30) allowed 30 business days either to cure such breach or seek relief in court. If the Xxxxxxxx Xxxxxxx Group or any Xxxxxxxx Xxxxxxx Group Member seeks relief in court, the Company ASB irrevocably stipulates that any failure to perform by the Company ASB or any assertion by the Company ASB that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxxx Xxxxxxx Group and each Xxxxxxxx Xxxxxxx Group Member irreparable harm, that then the Xxxxxxxx Xxxxxxx Group or any Xxxxxxxx Xxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company ASB shall not deny or contest that such circumstances would cause the Xxxxxxxx Xxxxxxx Group and each Xxxxxxxx Xxxxxxx Group Member irreparable harm. If, after such thirty (30) 30 business day period, the Xxxxxxxx Xxxxxxx Group or the Xxxxxxxx Xxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company ASB may terminate this Agreement by delivery of written notice to the Xxxxxxxx Xxxxxxx Group and each Xxxxxxxx Xxxxxxx Group Member.

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. (b) Each Xxxxxxxx . The Sxxxxxx Group and each Sxxxxxx Group Member expressly agrees 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 the Company Prudential unless and until the Company Prudential 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 Company Prudential seeks relief in court, the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Sxxxxxx Group and/or any Xxxxxxxx Sxxxxxx Group Member or any assertion by the Xxxxxxxx Sxxxxxx Group and/or any Xxxxxxxx Sxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause the Company Prudential irreparable harm, that the Company then Prudential shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company Prudential irreparable harm. If, after such thirty (30) business day period, the Company Prudential has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Sxxxxxx Group or each Xxxxxxxx Sxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company Prudential. Prudential 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 Xxxxxxxx Sxxxxxx Group or any Xxxxxxxx Sxxxxxx Group Member unless and until the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx 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 Xxxxxxxx Sxxxxxx Group or any Xxxxxxxx Sxxxxxx Group Member seeks relief in court, the Company Prudential irrevocably stipulates that any failure to perform by the Company Prudential or any assertion by the Company Prudential that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member irreparable harm, that then the Xxxxxxxx Sxxxxxx Group or any Xxxxxxxx Sxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Prudential shall not deny or contest that such circumstances would cause the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Sxxxxxx Group or the Xxxxxxxx Sxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company Prudential may terminate this Agreement by delivery of written notice to the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member.

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. (b) Each Xxxxxxxx The Sxxxxxxx Group and each Sxxxxxxx Group Member expressly agrees 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 the Company unless and until the Company is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company seeks relief in court, the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Sxxxxxxx Group and/or any Xxxxxxxx Sxxxxxxx Group Member or any assertion by the Xxxxxxxx Sxxxxxxx Group and/or any Xxxxxxxx Sxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company irreparable harm, that the Company shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company irreparable harm. If, after such thirty (30) business day period, the Company has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Sxxxxxxx Group or each Xxxxxxxx Sxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company 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 Xxxxxxxx Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member unless and until the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member seeks relief in court, the Company irrevocably stipulates that any failure to perform by the Company or any assertion by the Company that it is excused from performing its obligations under this Agreement would cause the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company shall not deny or contest that such circumstances would cause the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Sxxxxxxx Group or the Xxxxxxxx Sxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company may terminate this Agreement by delivery of written notice to the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member.

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. (b) Each The Xxxxxxxx Group and each Xxxxxxxx Group Member expressly agrees 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 the Company Anchor unless and until the Company Anchor is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company Anchor seeks relief in court, the The Xxxxxxxx Group and each Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx The Xxxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the The Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company Anchor irreparable harm, that the Company Anchor shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the The Xxxxxxxx Group and each Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company Anchor irreparable harm. If, after such thirty (30) business day period, the Company Anchor has not either reasonably cured such material breach or obtained relief in court, the The Xxxxxxxx Group or each Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the CompanyAnchor. (c) The Company Anchor 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 The Xxxxxxxx Group or any Xxxxxxxx Group Member unless and until the The Xxxxxxxx Group and each Xxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the The Xxxxxxxx Group or any Xxxxxxxx Group Member seeks relief in court, the Company Anchor irrevocably stipulates that any failure to perform by the Company Anchor or any assertion by the Company Anchor that it is excused from performing its obligations under this Agreement would cause the The Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, that the The Xxxxxxxx Group or any Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Anchor shall not deny or contest that such circumstances would cause the The Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the The Xxxxxxxx Group or the Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company Anchor may terminate this Agreement by delivery of written notice to the The Xxxxxxxx Group and each Xxxxxxxx Group Member.

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. (b) Each Xxxxxxxx . The Xxxxxxx Group and each Xxxxxxx Group Member expressly agrees 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 the Company SIFI unless and until the Company 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 the Company SIFI seeks relief in court, the Xxxxxxxx Xxxxxxx Group and each Xxxxxxxx Xxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Xxxxxxx Group and/or any Xxxxxxxx Xxxxxxx Group Member or any assertion by the Xxxxxxxx Xxxxxxx Group and/or any Xxxxxxxx Xxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause the Company SIFI irreparable harm, that the Company then SIFI shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Xxxxxxx Group and each Xxxxxxxx Xxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company SIFI irreparable harm. If, after such thirty (30) business day period, the Company SIFI has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Xxxxxxx Group or each Xxxxxxxx Xxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company 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 Xxxxxxxx Xxxxxxx Group or any Xxxxxxxx Xxxxxxx Group Member unless and until the Xxxxxxxx Xxxxxxx Group and each Xxxxxxxx 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 Xxxxxxxx Xxxxxxx Group or any Xxxxxxxx Xxxxxxx Group Member seeks relief in court, the Company SIFI irrevocably stipulates that any failure to perform by the Company SIFI or any assertion by the Company SIFI that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxxx Xxxxxxx Group and each Xxxxxxxx Xxxxxxx Group Member irreparable harm, that then the Xxxxxxxx Xxxxxxx Group or any Xxxxxxxx Xxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company SIFI shall not deny or contest that such circumstances would cause the Xxxxxxxx Xxxxxxx Group and each Xxxxxxxx Xxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Xxxxxxx Group or the Xxxxxxxx Xxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company SIFI may terminate this Agreement by delivery of written notice to the Xxxxxxxx Xxxxxxx Group and each Xxxxxxxx Xxxxxxx Group Member.

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. (b) Each The Xxxxxxxx Group and each Xxxxxxxx Group Member expressly agrees 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 the Company unless and until the Company is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company seeks relief in court, the Xxxxxxxx Group and each Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company irreparable harm, that the Company shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Group and each Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company irreparable harm. If, after such thirty (30) business day period, the Company has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Group or each Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company 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 Xxxxxxxx Group or any Xxxxxxxx Group Member unless and until the Xxxxxxxx Group and each Xxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Group or any Xxxxxxxx Group Member seeks relief in court, the Company irrevocably stipulates that any failure to perform by the Company or any assertion by the Company that it is excused from performing its obligations under this Agreement would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Group or any Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company shall not deny or contest that such circumstances would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Group or the Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company may terminate this Agreement by delivery of written notice to the Xxxxxxxx Group and each Xxxxxxxx Group Member.

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. (b) Each Xxxxxxxx The Txxxxxx Group and each Txxxxxx Group Member expressly agrees 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 the Company Wxxxxxx Penn unless and until the Company Wxxxxxx Penn is given written notice of such breach and thirty allowed fifteen (3015) business days either to cure such breach or seek relief in court. If the Company Wxxxxxx Penn seeks relief in court, the Xxxxxxxx Txxxxxx Group and each Xxxxxxxx Txxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Txxxxxx Group and/or any Xxxxxxxx Txxxxxx Group Member or any assertion by the Xxxxxxxx Txxxxxx Group and/or any Xxxxxxxx Txxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause the Company Wxxxxxx Penn irreparable harm, that the Company then Wxxxxxx Penn shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Txxxxxx Group and each Xxxxxxxx Txxxxxx Group Member shall not deny or contest that such circumstances would cause the Company Wxxxxxx Penn irreparable harm. If, after such thirty fifteen (3015) business day period, the Company Wxxxxxx Penn has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Txxxxxx Group or each Xxxxxxxx Txxxxxx Group Member may terminate this Agreement by delivery of written notice to the CompanyWxxxxxx Penn. (c) The Company Wxxxxxx Penn 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 Xxxxxxxx Txxxxxx Group or any Xxxxxxxx Txxxxxx Group Member unless and until the Xxxxxxxx Txxxxxx Group and each Xxxxxxxx Txxxxxx Group Member is given written notice of such breach and thirty allowed fifteen (3015) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Txxxxxx Group or any Xxxxxxxx Txxxxxx Group Member seeks relief in court, the Company Wxxxxxx Penn irrevocably stipulates that any failure to perform by the Company Wxxxxxx Penn or any assertion by the Company Wxxxxxx Penn that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxxx Txxxxxx Group and each Xxxxxxxx Txxxxxx Group Member irreparable harm, that then the Xxxxxxxx Txxxxxx Group or any Xxxxxxxx Txxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Wxxxxxx Penn shall not deny or contest that such circumstances would cause the Xxxxxxxx Txxxxxx Group and each Xxxxxxxx Txxxxxx Group Member irreparable harm. If, after such thirty fifteen (3015) business day period, the Xxxxxxxx Txxxxxx Group or the Xxxxxxxx Txxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company Wxxxxxx Penn may terminate this Agreement by delivery of written notice to the Xxxxxxxx Txxxxxx Group and each Xxxxxxxx Txxxxxx Group Member.

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. (b) Each . The Xxxxxxxx Group and each Xxxxxxxx Group Member expressly agrees 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 the Company Seneca unless and until the Company Seneca is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company Seneca seeks relief in court, the The Xxxxxxxx Group and each Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx The Xxxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the The Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company Seneca irreparable harm, that the Company Seneca shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the The Xxxxxxxx Group and each Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company Seneca irreparable harm. If, after such thirty (30) business day period, the Company Seneca has not either reasonably cured such material breach or obtained relief in court, the The Xxxxxxxx Group or each Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company Seneca. Seneca 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 The Xxxxxxxx Group or any Xxxxxxxx Group Member unless and until the The Xxxxxxxx Group and each Xxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the The Xxxxxxxx Group or any Xxxxxxxx Group Member seeks relief in court, the Company Seneca irrevocably stipulates that any failure to perform by the Company Seneca or any assertion by the Company Seneca that it is excused from performing its obligations under this Agreement would cause the The Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, that the The Xxxxxxxx Group or any Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Seneca shall not deny or contest that such circumstances would cause the The Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the The Xxxxxxxx Group or the Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company Seneca may terminate this Agreement by delivery of written notice to the The Xxxxxxxx Group and each Xxxxxxxx Group Member.

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. (b) Each Xxxxxxxx . The Sxxxxxxx Group and each Sxxxxxxx Group Member expressly agrees 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 the Company Naugatuck Valley unless and until the Company Naugatuck Valley is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company Naugatuck Valley seeks relief in court, the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Sxxxxxxx Group and/or any Xxxxxxxx Sxxxxxxx Group Member or any assertion by the Xxxxxxxx Sxxxxxxx Group and/or any Xxxxxxxx Sxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company Naugatuck Valley irreparable harm, that the Company Naugatuck Valley shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company Naugatuck Valley irreparable harm. If, after such thirty (30) business day period, the Company Naugatuck Valley has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Sxxxxxxx Group or each Xxxxxxxx Sxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company Naugatuck Valley. Naugatuck Valley 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 Xxxxxxxx Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member unless and until the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member seeks relief in court, the Company Naugatuck Valley irrevocably stipulates that any failure to perform by the Company Naugatuck Valley or any assertion by the Company Naugatuck Valley that it is excused from performing its obligations under this Agreement would cause the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Naugatuck Valley shall not deny or contest that such circumstances would cause the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Sxxxxxxx Group or the Xxxxxxxx Sxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company Naugatuck Valley may terminate this Agreement by delivery of written notice to the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member.

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. (b) Each Xxxxxxxx . The Sxxxxxxx Group and each Sxxxxxxx Group Member expressly agrees 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 the Company Malvern unless and until the Company Malvern is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company Malvern seeks relief in court, the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Sxxxxxxxx Group and/or any Xxxxxxxx Sxxxxxxx Group Member or any assertion by the Xxxxxxxx Sxxxxxxx Group and/or any Xxxxxxxx Sxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company Malvern irreparable harm, that the Company Malvern shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company Malvern irreparable harm. If, after such thirty (30) business day period, the Company Malvern has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Sxxxxxxx Group or each Xxxxxxxx Sxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company Malvern. Malvern 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 Xxxxxxxx Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member unless and until the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member seeks relief in court, the Company Malvern irrevocably stipulates that any failure to perform by the Company Malvern or any assertion by the Company Malvern that it is excused from performing its obligations under this Agreement would cause the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Malvern shall not deny or contest that such circumstances would cause the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Sxxxxxxx Group or the Xxxxxxxx Sxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company Malvern may terminate this Agreement by delivery of written notice to the Xxxxxxxx Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member.

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. (b) Each . The Xxxxxxxx Group and each Xxxxxxxx Group Member expressly agrees 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 the Company Naugatuck Valley unless and until the Company Naugatuck Valley is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company Naugatuck Valley seeks relief in court, the Xxxxxxxx Group and each Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company Naugatuck Valley irreparable harm, that the Company Naugatuck Valley shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Group and each Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company Naugatuck Valley irreparable harm. If, after such thirty (30) business day period, the Company Naugatuck Valley has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Group or each Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company Naugatuck Valley. Naugatuck Valley 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 Xxxxxxxx Group or any Xxxxxxxx Group Member unless and until the Xxxxxxxx Group and each Xxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Group or any Xxxxxxxx Group Member seeks relief in court, the Company Naugatuck Valley irrevocably stipulates that any failure to perform by the Company Naugatuck Valley or any assertion by the Company Naugatuck Valley that it is excused from performing its obligations under this Agreement would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, that the Xxxxxxxx Group or any Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Naugatuck Valley shall not deny or contest that such circumstances would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Group or the Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company Naugatuck Valley may terminate this Agreement by delivery of written notice to the Xxxxxxxx Group and each Xxxxxxxx Group Member.

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. (b) Each Xxxxxxxx The Sxxxxxxx Group and each Sxxxxxxx Group Member expressly agrees 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 the Company The NorthEast Entities unless and until the Company is The NorthEast Entities are given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company seeks any of The NorthEast Entities seek relief in court, the Xxxxxxxx The Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx The Sxxxxxxx Group and/or any Xxxxxxxx Sxxxxxxx Group Member or any assertion by the Xxxxxxxx The Sxxxxxxx Group and/or any Xxxxxxxx Sxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company any of The NorthEast Entities irreparable harm, that the Company The NorthEast Entities shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx The Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company The NorthEast Entities irreparable harm. If, after such thirty (30) business day period, the Company has The NorthEast Entities have not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx The Sxxxxxxx Group or each Xxxxxxxx Sxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the CompanyThe NorthEast Entities. (c) The Company NorthEast Entities expressly agrees agree that it they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Xxxxxxxx The Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member unless and until the Xxxxxxxx The Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx The Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member seeks relief in court, the Company The NorthEast Entities irrevocably stipulates stipulate that any failure to perform by the Company The NorthEast Entities or any assertion by the Company The NorthEast Entities that it they is excused from performing its their obligations under this Agreement would cause the Xxxxxxxx The Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irreparable harm, that the Xxxxxxxx The Sxxxxxxx Group or any Xxxxxxxx Sxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company The NorthEast Entities shall not deny or contest that such circumstances would cause the Xxxxxxxx The Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx The Sxxxxxxx Group or the Xxxxxxxx The Sxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company The NorthEast Entities may terminate this Agreement by delivery of written notice to the Xxxxxxxx The Sxxxxxxx Group and each Xxxxxxxx Sxxxxxxx Group Member.

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. (b) Each . The Xxxxxxxx Group and each Xxxxxxxx Group Member expressly agrees 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 the Company Colonial unless and until the Company Colonial is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company Colonial seeks relief in court, the The Xxxxxxxx Group and each Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx The Xxxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the The Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company Colonial irreparable harm, that the Company Colonial shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the The Xxxxxxxx Group and each Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company Colonial irreparable harm. If, after such thirty (30) business day period, the Company Colonial has not either reasonably cured such material breach or obtained relief in court, the The Xxxxxxxx Group or each Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company Colonial. Colonial 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 The Xxxxxxxx Group or any Xxxxxxxx Group Member unless and until the The Xxxxxxxx Group and each Xxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the The Xxxxxxxx Group or any Xxxxxxxx Group Member seeks relief in court, the Company Colonial irrevocably stipulates that any failure to perform by the Company Colonial or any assertion by the Company Colonial that it is excused from performing its obligations under this Agreement would cause the The Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, that the The Xxxxxxxx Group or any Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Colonial shall not deny or contest that such circumstances would cause the The Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the The Xxxxxxxx Group or the Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company Colonial may terminate this Agreement by delivery of written notice to the The Xxxxxxxx Group and each Xxxxxxxx Group Member.

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. (b) Each Xxxxxxxx . The Xxxxxxx Group, each Xxxxxxx Group Member and the Nominee expressly agrees 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 the Company Cheviot unless and until the Company Cheviot 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 Company Cheviot seeks relief in court, the Xxxxxxxx Group and Xxxxxxx Group, each Xxxxxxxx Xxxxxxx Group Member and the Nominee irrevocably stipulate that any failure to perform by the Xxxxxxxx Group and/or Xxxxxxx Group, any Xxxxxxxx Xxxxxxx Group Member and/or the Nominee or any assertion by the Xxxxxxxx Group and/or Xxxxxxx Group, any Xxxxxxxx Xxxxxxx Group Member and/or the Nominee that they are excused from performing their obligations under this Agreement because it would cause the Company Cheviot irreparable harm, that the Company then Cheviot shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Group and Xxxxxxx Group, each Xxxxxxxx Xxxxxxx Group Member and the Nominee shall not deny or contest that such circumstances would cause the Company Cheviot irreparable harm. If, after such thirty (30) business day period, the Company Cheviot has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Group or Xxxxxxx Group, each Xxxxxxxx Xxxxxxx Group Member or the Nominee may terminate this Agreement by delivery of written notice to the Company. (c) The Company Cheviot. Cheviot 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 Xxxxxxxx Group or Xxxxxxx Group, any Xxxxxxxx Xxxxxxx Group Member or the Nominee unless and until the Xxxxxxxx Group and Xxxxxxx Group, each Xxxxxxxx Xxxxxxx Group Member and the Nominee 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 Xxxxxxxx Group or Xxxxxxx Group, any Xxxxxxxx Xxxxxxx Group Member or the Nominee seeks relief in court, the Company Cheviot irrevocably stipulates that any failure to perform by the Company Cheviot or any assertion by the Company Cheviot that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxxx Group and Xxxxxxx Group, each Xxxxxxxx Xxxxxxx Group Member and the Nominee irreparable harm, that then the Xxxxxxxx Group or Xxxxxxx Group, any Xxxxxxxx Xxxxxxx Group Member or the Nominee shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Cheviot shall not deny or contest that such circumstances would cause the Xxxxxxxx Group and Xxxxxxx Group, each Xxxxxxxx Xxxxxxx Group Member and the Nominee irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Xxxxxxx Group, the Xxxxxxx Group Member or the Xxxxxxxx Group Member Nominee has not either reasonably cured such material breach or obtained relief in court, the Company Cheviot may terminate this Agreement by delivery of written notice to the Xxxxxxxx Xxxxxxx Group, each Xxxxxxx Group Member and each Xxxxxxxx Group Memberthe Nominee.

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. (b) Each Xxxxxxxx . The Sxxxxxx Group and each Sxxxxxx Group Member expressly agrees 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 the Company Naugatuck Valley unless and until the Company Naugatuck Valley is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Company Naugatuck Valley seeks relief in court, the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxxx Sxxxxxx Group and/or any Xxxxxxxx Sxxxxxx Group Member or any assertion by the Xxxxxxxx Sxxxxxx Group and/or any Xxxxxxxx Sxxxxxx Group Member that they are excused from performing their obligations under this Agreement would cause the Company Naugatuck Valley irreparable harm, that the Company Naugatuck Valley shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member shall not deny or contest that such circumstances would cause the Company Naugatuck Valley irreparable harm. If, after such thirty (30) business day period, the Company Naugatuck Valley has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxxx Sxxxxxx Group or each Xxxxxxxx Sxxxxxx Group Member may terminate this Agreement by delivery of written notice to the Company. (c) The Company Naugatuck Valley. Naugatuck Valley 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 Xxxxxxxx Sxxxxxx Group or any Xxxxxxxx Sxxxxxx Group Member unless and until the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxxx Sxxxxxx Group or any Xxxxxxxx Sxxxxxx Group Member seeks relief in court, the Company Naugatuck Valley irrevocably stipulates that any failure to perform by the Company Naugatuck Valley or any assertion by the Company Naugatuck Valley that it is excused from performing its obligations under this Agreement would cause the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member irreparable harm, that the Xxxxxxxx Sxxxxxx Group or any Xxxxxxxx Sxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Company Naugatuck Valley shall not deny or contest that such circumstances would cause the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxxx Sxxxxxx Group or the Xxxxxxxx Sxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, the Company Naugatuck Valley may terminate this Agreement by delivery of written notice to the Xxxxxxxx Sxxxxxx Group and each Xxxxxxxx Sxxxxxx Group Member.