Remedies/Arbitration. Any controversy or claim arising out of, or relating to this Agreement, or the breach thereof, shall be settled by arbitration before a single arbitrator in a hearing to be held in Kent County, Michigan, in accordance with the then existing rules of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.
Remedies/Arbitration a. In the event of a breach or threatened breach by Executive of any provision of Section 10, Section 12 or Section 13, Executive consents and agrees that the Company would be entitled to injunctive relief in a court of appropriate jurisdiction, without the need to post any bond, and Executive further consents and stipulates to the entry of such injunctive relief in such a court prohibiting him from breaching this Agreement. The aforementioned equitable relief shall be in addition to, not in lieu of, the right of the Company to claim and recover damages in addition to injunctive relief.
Remedies/Arbitration. (a) Executive hereby agrees that any disputes under Sections 7 and/or 8 shall not be subject to arbitration. If Executive breaches Sections 7 and/or 8, the damage will be substantial, although difficult to quantify, and money damages may not afford the Company an adequate remedy; therefore, if Executive breaches or threatens to breach Sections 7 and/or 8, the Company shall be entitled, in addition to other rights and remedies, to specific performance, injunctive relief and other equitable relief to prevent or restrain such conduct.
Remedies/Arbitration. (a) Any claim under this Agreement brought after the Closing Date, and any claim under this Agreement brought prior to the Closing Date in which the Party bringing the claim is praying solely for monetary damages, shall be submitted to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the provisions contained herein. The arbitration shall be conducted in Chicago, Illinois by a panel of three arbitrators. All claims between the parties shall be arbitrated in a single proceeding, to the full extent practicable.
Remedies/Arbitration. The Executive agrees that the restrictions set forth in this Agreement are fair and reasonable. The covenants set forth in this Agreement are not dependent covenants and any claim against the Bank, whether arising out of this Agreement or any other agreement or contract between the Bank and Executive, shall not be a defense to a claim against Executive for a breach or alleged breach of any of the covenants of Executive contained in this Agreement. It is expressly understood by and between the parties hereto that the covenants contained in this Agreement shall be deemed to be a series of separate covenants. The Executive understands and agrees that if any of the separate covenants are held invalid or unenforceable, such holding shall not release him from his obligations under the remaining covenants of this Agreement. If in any proceeding, a court shall refuse to enforce any or all of the separate covenants because taken together they are more extensive (whether as to geographic area, duration, scope of business or otherwise) than necessary to protect the business and goodwill of the Bank, it is expressly understood and agreed between the parties hereto that those separate covenants which, if eliminated or restricted, would permit the remaining separate covenants or the restricted separate covenant to be enforced in such proceeding shall, for the purposes of such proceeding, be eliminated from the provisions of this Agreement or restriction, as the case may be. Except as otherwise provided herein, in the event of any controversy, dispute or claim arising out of, or relating to this Agreement, or the breach thereof, or arising out of any other matter relating to Executive’s employment with Employer or the termination of such employment, the parties may seek recourse only for temporary or preliminary injunctive relief to the courts having jurisdiction thereof and if any relief other than injunctive relief is sought, Employer and Executive agree that such underlying controversy, dispute or claim shall be settled by arbitration conducted in Daytona Beach, Florida in accordance with this Section and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The matter shall be heard and decided, and awards rendered by a panel of three arbitrators (the “Arbitration Panel”). The Bank and Executive shall each select one arbitrator from the AAA National Panel of Commercial Arbitrators (the “Commercial Panel”) and those two arbitrators shall se...
Remedies/Arbitration. Section 10.01 If for reasons provided in Section 3.06, but excluding any curtailments or inability to deliver arising from or related to circumstances or events occurring in the United States that are not caused by MH, MH fails to deliver at least TRADE SECRET – CONFIDENTIAL of Guaranteed Energy Scheduled by NSP in a month for twelve months, whether consecutive or not, in any thirty-six consecutive month period, NSP shall be entitled to terminate this Agreement by notifying MH in writing of its decision to terminate and the effective date of termination. Notwithstanding the foregoing, NSP’s entitlement to terminate must be exercised within six (6) calendar months of the date when such right first arose.
Remedies/Arbitration. (a) Executive agrees that his breach of this Agreement, including the Surviving Provisions and the Post-Transition Period Release delivered pursuant to the terms hereof, would result in irreparable and continuing harm to the Releasees for which there is no adequate remedy at law. Therefore, each of the Releasees shall be entitled to obtain emergency equitable relief, including a temporary restraining order and preliminary injunction, from a state or federal court of competent jurisdiction, without first posting a bond, to restrain any such breach or threatened breach. Such relief shall be in addition to any and all other remedies, including damages, available to the Releasees. Upon the issuance (or denial) of an injunction, the underlying merits of any dispute shall be resolved in accordance with Paragraph 17(b), below.
Remedies/Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement or to the breach, termination, or asserted invalidity thereof, shall be fully and finally determined in a binding arbitration to be conducted in Hamilton, Bermuda, or such other place as all parties to the arbitratixx xxx xnanimously agree. The arbitration shall be administered by the American Arbitration Association ("AAA") and shall be conducted under the Commercial Arbitration Rules and other procedures thereof. There shall be no party-appointed arbitrators; the panel shall consist of three disinterested active or retired officers of United States life insurance or life reinsurance companies with at least 20 years experience in such field, each of whom shall be appointed by the AAA; provided, however, that each party shall have the right to exercise two peremptory challenges of the arbitrators so appointed, in which event the AAA shall appoint a replacement arbitrator for each arbitrator so challenged. The parties shall initially split equally the cost of bringing panel members to Bermuda for hearing and deliberations. The panel may prescribe reasonable rules and regulations governing the course and conduct of the arbitration proceeding, including without limitation discovery by the parties. Any order as to the costs of the arbitration shall be in the sole discretion of the Board, who may direct to whom and by whom and in what manner they shall be paid.
Remedies/Arbitration. A. Upon the occurrence of an Event of Default, the parties hereto shall have all remedies available under applicable law with respect to an Event of Default by the other party. Without limiting the foregoing, the parties shall have the following remedies whether in addition to or as one of the remedies otherwise available to them: (1) to declare all amounts owed immediately due and payable; and (2) to immediately terminate this Agreement effective upon receipt by the party in default of the notice of termination, provided, however Buyer shall be allowed 3 calendar days from the date of receipt of notice of default for nonpayment to cure any nonpayment.
Remedies/Arbitration. The parties agree that (a) any and all disputes or disagreements pertaining to the Closing Statement and/or the Closing Date Working Capital and any adjustments required to be made to the Closing Statement and/or the Closing Date Working Capital shall be resolved in the manner specified in Section 2.3.4, (including, if necessary, the enforcement of the decision of the Working Capital Referee pursuant to this Section 8.14) and (b) the provisions of Article VII contain the sole and exclusive remedy for claims pertaining to breaches of representations and warranties or (other than as provided in Section 5.7) covenants. The parties further agree that, except for disputes or disagreements governed by Section 2.3.4 and as provided in the last sentence of this Section 8.14, any claims, disputes or disagreements arising out of or in connection with this Agreement (including any enforcement of the Working Capital Referee’s decision under Section 2.3.4, if necessary, and the enforcement of claims for indemnification under Article VII, if necessary) shall be finally settled by confidential binding arbitration under the American Arbitration Association's Commercial Arbitration Rules by one or more arbitrators appointed in accordance with such rules. The site of arbitration shall be Atlanta, Georgia. Each party irrevocably consents to the jurisdiction of the Federal courts situated in the Northern District of Georgia or the state courts situated in Atlanta, Georgia, or any other court of competent jurisdiction, solely for purposes of enforcement of any such binding arbitration. The non-prevailing party to an arbitration shall pay its own expenses, the fees of the arbitrator(s), the administrative fees associated with such arbitration, and the expenses, including without limitation, any attorneys' fees reasonably incurred, by the prevailing party to the arbitration. Notwithstanding the foregoing, nothing in this Section 8.14 shall preclude Buyer from enforcing the provisions of Section 5.7 or bringing any action based on fraud in a court of competent jurisdiction, or preclude either party from seeking, in a court of competent jurisdiction, interim or provisional relief, including a temporary restraining order, preliminary injunction, or other interim equitable relief concerning any claim, dispute or disagreement arising out of or in connection with this Agreement, either prior to or during the arbitration, if necessary to protect the interests of such party.
