Remedies and Enforceability. The Executive agrees that the covenants, agreements, and representations contained in Sections 4 and 5 hereof are of the essence of this Agreement; that each of such covenants are reasonable and necessary to protect and preserve the interests and properties of the Company; that irreparable loss and damage will be suffered by the Company should the Executive breach any of such covenants and agreements; that each of such covenants and agreements is separate, distinct and severable not only from the other of such covenants and agreements but also from the other and remaining provisions of this Agreement; that the unenforceability of any such covenant or agreement shall not affect the validity or enforceability of any other such covenant or agreements or any other provision or provisions of this Agreement; and that, in addition to other remedies available to it, including, without limitation, termination of the Executive’s employment for Cause, the Company shall be entitled to seek both temporary and permanent injunctions to prevent a breach or contemplated breach by the Executive of any of such covenants or agreements.
Remedies and Enforceability. The Executive agrees that the covenants, agreements, and representations contained in Sections 4 and 5 hereof are of the essence of this Agreement; that each of such covenants are reasonable and necessary to protect and preserve the interests and properties of the Company; that irreparable loss and damage will be suffered by the Company should the Executive breach any of such covenants and agreements; that each of such covenants and agreements is separate, distinct and severable not only from the other of such covenants and agreements but also from the other and remaining provisions of this Agreement; that the unenforceability of any such covenant or agreement shall not affect the validity or enforceability of any other such covenant or agreements or any other provision or provisions of this Agreement; and that, in addition to other remedies available to it, including, without limitation, termination of the Executive’s employment for Cause, the Company Executive Employment Agreement — Addison shall be entitled to seek both temporary and permanent injunctions to prevent a breach or contemplated breach by the Executive of any of such covenants or agreements and shall be relieved of its obligation to make any and all payments to the Executive that otherwise are or may become due and payable to the Executive pursuant to Section 3. The Company and the Executive agree that all remedies available to the Company shall be cumulative.
Remedies and Enforceability. The Executive agrees that the covenants, agreements, and representations contained in Sections 4 through 6 are of the essence of this Agreement; that each of such covenants is reasonable and necessary to protect and preserve the interests and properties of the Company and its Affiliates; that irreparable loss and damage will be suffered by the Company and its Affiliates should the Executive breach any of such covenants and agreements; that each of such covenants and agreements is separate, distinct and severable not only from the other of such covenants and agreements but also from the other and remaining provisions of this Agreement; that the unenforceability of any such covenant or agreement shall not affect the validity or enforceability of any other such covenant or agreements or any other provision or provisions of this Agreement; and that, in addition to other remedies available to it, including, without limitation, termination of the Executive’s employment for Cause, the Company and the Parent shall be entitled to seek both temporary and permanent injunctions to prevent a breach or contemplated breach by the Executive of any of such covenants or agreements.
Remedies and Enforceability. The Employee agrees that the covenants, agreements, and representations contained in Sections 3(b), 4 and 5 hereof are the essence of this Agreement; that each of such covenants are reasonable and necessary to protect and preserve the interests and properties of the Employer; that irreparable loss and damage will be suffered by the Employer should the Employee breach any of such covenants and agreements; that each of such covenants and agreements is separate, distinct and severable not only from the other of such covenants and agreements but also from the other and remaining provisions of this Agreement; that the unenforceability of any such covenant or agreement shall not affect the validity or enforceability of any other such covenant or agreements or any other provision or provisions of this Agreement; and that, in addition to other remedies available to it, the Employer shall be entitled to seek both temporary and permanent injunctions to prevent a breach or contemplated breach by the Employee of any of such covenants or agreements and shall be relieved of its obligation to make any and all payments to the Employee that otherwise are or may become due and payable to the Employee pursuant to Section 2. The Employer and the Employee agree that all remedies available to the Employer shall be cumulative. The existence of any claim, demand, action or cause of action of the Employee against the Employer shall not constitute a defense to the enforcement by the Employer of any of the covenants or agreements herein.
Remedies and Enforceability. (a) Executive understands and agrees that Employer may not be adequately compensated by damages for a breach by Executive of any of the covenants and agreements contained herein, and that Employer shall, in addition to all other remedies, be entitled to injunctive relief and specific performance. Executive hereby affirmatively waives the requirement that Employer post any bond, demonstrate the likelihood of irreparable damage to Employer or demonstrate that any actual damages will be suffered by Employer or any other entity seeking enforcement hereof as a result of Executive’s breach of any provision of this Agreement. Nothing herein contained will be construed as prohibiting Employer from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of money damages, and if Employer prevails, it shall also be entitled to the payment of any and all reasonable fees, disbursements, and other charges of the attorneys and collection agents, court costs, and all other costs of enforcement.
(b) In the event that the Executive institutes any proceeding to enforce his rights under, or to recover damages for breach of this Agreement, the Executive, if he is the prevailing party, shall be entitled to recover from Employer any and all reasonable fees, disbursements, and other charges of the attorneys and collection agents, court costs, and all other costs of enforcement incurred by him.
Remedies and Enforceability. In the event Developer defaults under Section 7.01 or violates of any of the provisions of this Agreement, one or more of the following actions may be taken by the appropriate party to xxxxx, prevent, or enjoin any such violation or to recover monetary damages caused by such violation.
(a) The GLO or HUD may:
(i) Apply to any court having jurisdiction of the subject matter for specific performance of this Agreement for an injunction against any violation of this Agreement or for the appointment of a receiver to take over and operate the Property in accordance with the terms of this Agreement; or
(ii) Take any and all action at law, in equity, or otherwise for such relief as may be appropriate, including recapturing federal funds expended for the Project. The amount to be recaptured shall be decreased by one-twentieth (1/20) of the total amount of CDBG-DR funds expended for the Project for each year that Developer complies with this Agreement. It is acknowledged that the beneficiaries of Developer’s obligations cannot be adequately compensated by monetary damages in the event of Developer default. The GLO shall be entitled to its reasonable attorneys’ fees in any judicial action in which the GLO prevails. The GLO or HUD shall also be compensated for fees associated with additional compliance monitoring during corrective periods for noncompliance upon a default by Developer hereunder.
(b) The occupancy and maximum-rent requirements set forth herein shall inure to the benefit of LMI Households or XXX Households, and such requirements may be judicially enforced against Developer. Any of the persons or entities described above shall be entitled to judicially enforce this Agreement in the same manner in which the GLO may seek judicial enforcement and shall be entitled to reasonable attorneys’ fees. Further, any deed, lease, conveyance, or contract made in violation of this Agreement shall be void and may be set aside on petition of one (1) or more of the Parties to the Agreement. All successors in interest, heirs, executors, administrators, or assigns shall be deemed Parties to this Agreement to the same effect as the original signer. When any such conveyance or other instrument is set aside by decree of a court of competent jurisdiction, all costs and expenses of such proceedings shall be taxed against the offending Party or Parties and shall be declared by the court to constitute a lien against the wrongfully deeded, sold, leased, or conveyed real estate until...
Remedies and Enforceability. If the provisions of Section 13.02 should be held to be unenforceable because of the scope, duration or area of its applicability, the tribunal making such determination shall have the power to modify such scope, duration or area or all of them, and such provisions shall then be applicable in such modified form. Since a violation of the provisions of Section 13.02 will result in irreparable harm, the non-defaulting party shall be entitled to an injunction restraining the commission or continuation of any violation of the provisions of Section 13.02 or any other appropriate decree of specific performance. Such remedies shall not be exclusive and shall be in addition to any other remedy expressly provided for under the terms of this Agreement or permitted at law or in equity.
Remedies and Enforceability. The Employee agrees that Company and its Affiliates’ remedies at law for any breach or threatened breach by you of any of the provisions of Section 14 and/or 15 will be inadequate, and that, in addition to any other remedy to which the Company and its Affiliates may be entitled at law or in equity, the Company shall be entitled to a temporary or permanent injunction or injunctions or temporary restraining order or orders to prevent breaches of the provisions of this Section 16 and to enforce specifically the terms and provisions hereof, in each case without the need to post any security or bond. Nothing herein contained shall be construed as prohibiting the Company or its Affiliates from pursuing, in addition, any other remedies available to the Company or any Affiliate for such breach or threatened breach. It is expressly understood and agreed that although the Parties consider the restrictions contained in Section 14 and/or 15 to be reasonable for the purpose of preserving the goodwill, proprietary rights and going concern value of the Company and its Affiliates, if a final determination is made by an arbitrator or court, as the case may be, having jurisdiction that the time or territory or any other restriction contained in Section 14 and/or 15 is an unenforceable restriction on the activities of the Employee, the provisions of Section 14 and/or 15 shall not necessarily be rendered void but shall be deemed amended to apply as to such maximum time, if any and territory, if any and to such other extent, if any, as such arbitrator or court, as the case may be, may determine to be reasonable.
Remedies and Enforceability. THE DEVELOPER, INITIAL BUYER AND ANY SUBSEQUENT BUYER(S) DURING THE AFFORDABILITY PERIOD IN CONSIDERATION FOR EACH HOME HEREBY AGREE AND CONSENT THAT THE TOWN SHALL BE ENTITLED, FOR ANY BREACH OF THE PROVISIONS HEREOF, AND IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, TO OBTAIN SPECIFIC PERFORMANCE BY THE DEVELOPER, THE INITIAL BUYER OR ANY SUBSEQUENT BUYER(S) OF ITS OBLIGATIONS UNDER THIS DECLARATION IN ANY COURT OF COMPETENT JURISDICTION. The Developer, Initial Buyer and any subsequent buyer(s) hereby further specifically acknowledge that Town cannot be adequately compensated by monetary damages in the event of default hereunder.
Remedies and Enforceability. The Executive agrees that the covenants, agreements, and representations contained in Sections 4, 5, and 6 hereof are of the essence of this Agreement; that each of such covenants are reasonable and necessary to protect and preserve the interests and properties of the Company; that irreparable loss and damage will be suffered by the Company should the Executive breach any of such covenants and agreements; that each of such covenants and agreements is separate, distinct and severable not only from the other of such covenants and agreements but also from the other and remaining provisions of this Agreement; that the unenforceability of any such covenant or agreement shall not affect the validity or enforceability of any other such covenant or agreements or any other provision or provisions of this Agreement; and that, in addition to other remedies available to it, including, without limitation, termination of the Executive's employment for Cause, the Company shall be entitled to seek both temporary and permanent injunctions to prevent a breach or contemplated breach by the Executive of any of such covenants or agreements. Notwithstanding the foregoing, in the event of a breach of the representation and warranty set forth in Section 6 above (but not the covenant contained therein), the Company's sole remedy shall be termination of the Executive's employment and such termination shall be deemed to be for Cause.
