Remedies for Breach of Agreement Sample Clauses

Remedies for Breach of Agreement. Executive acknowledges that Executive’s breach of any promise or covenant contained in Section 6 will result in irreparable injury to Company and that Company’s remedies at law for such a breach will be inadequate. Accordingly, Executive agrees and consents that Company, in addition to all other remedies available at law and in equity, shall be entitled to both preliminary and permanent injunctions to prevent and/or halt a breach or threatened breach by Executive of any such promise or covenant, and Executive waives the requirement of the posting of any bond in connection with such injunctive relief. Executive further acknowledges and agrees that the promises and covenants contained in Section 6 are enforceable, reasonable, and valid.

Remedies for Breach of Agreement. In the event of the breach or threatened breach of any provision of the Agreement by either party, the other party shall be entitled to injunctive relief, both preliminary and final, enjoining and restraining such breach or threatened breach. Such remedies shall be in addition to all other remedies available at law or in equity, including the Company's right to recover from the Executive any and all damages that may be sustained as a result of Executive's breach of the Agreement.

Remedies for Breach of Agreement. The parties to this Agreement recognize that irreparable harm could result from any breach of those provisions of this Agreement set forth in paragraphs 28 through 31 under the heading “Restrictive Covenants” and that monetary damages alone would not provide adequate relief for any such breach. Accordingly, in addition to any other remedy which may be available to ParkerVision, if Executive breaches a restrictive covenant in this Agreement, the parties acknowledge that injunctive relief in favor of ParkerVision is proper. Additionally, if Executive breaches any restrictive covenant in this Agreement, he forfeits his right to any compensation described in paragraphs 14 and 30 above payable while Executive is breaching such covenant or after any such breach has occurred.

Remedies for Breach of Agreement. In addition to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may: i) Bar the Grantee from applying for future HHAP funds; ii) Revoke any other existing HHAP-2 award(s) to the Grantee; iii) Require the return of any unexpended HHAP-2 funds disbursed under this Agreement; iv) Require repayment of HHAP-2 funds disbursed and expended under this Agreement; v) Require the immediate return to Agency of all funds derived from the use of HHAP-2 funds vi) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP-2 requirements.

Remedies for Breach of Agreement. (a) In the event this Agreement is terminated by VCDS as a result of the failure of BURLINGTON to timely provide to VCDS the LOC as set forth in Section 2(b), the Deposit shall be paid to VCDS by Escrow Agent as liquidated damages and BURLINGTON shall have no other liability hereunder. (b) In the event BURLINGTON fails to pay the Escrow Agent the remaining balance of the BURLINGTON Purchase Price as provided in Section 2(a)(ii) or fails to deliver the documents required to be delivered pursuant to Sections 6.3 and 6.5 with respect to the SSC Leases and the SSC Assigned Leases as provided in Section 10.3(b) by the Closing Date, VCDS may draw upon the LOC as provided in Section 2(b), and the Closing will proceed as if the payment under Section 2(a)(ii) had been made and such default by BURLINGTON shall be deemed waived by VCDS. (c) In the event of a default under the Agreement by BURLINGTON, in lieu of the remedies provided in Section 11.3(b) above, VCDS shall be entitled to all remedies to which it may be entitled in equity or at law, including specific performance of the terms hereof, or termination of this Agreement, in which case VCDS shall have the right to receive the entire Deposit as liquidated damages and not as a penalty. Provided, however, if the default by BURLINGTON is the failure of BURLINGTON or the Applicable BURLINGTON Entity to comply with a condition of Closing, in addition to the remedies available to VCDS under Section 11.3(b) above, such default shall not be deemed waived and VCDS shall also be entitled to specific performance of the terms of this Agreement. (d) In the event of a default under this Agreement by any VCDS Tenant or SSC, BURLINGTON shall be entitled to all remedies to which it may be entitled in equity or at law, including specific performance of the terms hereof, or termination of this Agreement and return of the Deposit.

Remedies for Breach of Agreement. If this Agreement is terminated as a result of any breach of a representation, warranty, covenant or obligation of the Vendor under this Agreement, then the Deposit, without deduction, shall be returned to the Purchaser forthwith (and, for greater certainty, and notwithstanding any other provision in this Agreement, this shall be the Purchaser’s sole right and remedy as a result of the Vendor’s breach). If this Agreement is terminated as a result of any breach of a representation, warranty, covenant or obligation of the Purchaser under this Agreement, then the Deposit shall be forfeited to the Vendor as liquidated damages and not as a penalty, which Deposit the Parties agree is a genuine estimate of the liquidated damages that the Vendor would suffer in such circumstances (and, for greater certainty, and notwithstanding any other provision in this Agreement, this shall be the Vendor’s sole right and remedy as a result of the Purchaser’s breach).

Remedies for Breach of Agreement. Contractor recognizes that if he or she violates any portion of this Agreement, irreparable damage will result to the Company that could not be remedied by monetary damages. As a result, Contractor hereby agrees that in the event of any breach by him of any portion of this Agreement, or in the event of apparent danger of such breach, the Company shall be entitled, in addition to any other legal or equitable remedies available to it, to an injunction to restrain such breach, without the necessity of posting a bond or complying with any similar requirement.

Remedies for Breach of Agreement. The breach of any confidentiality, non-disclosure or non-competition covenants by Director under any applicable agreement entered into by and between the Company and Director or the breach by Director of the terms of this Agreement is acknowledged by the parties hereto to constitute harm to the Company of an extraordinary character which could cause the Company to suffer irreparable damages which could not readily be compensated by a monetary judgment. Director agrees that the Company shall be entitled, in addition to all other remedies available to it upon a breach by Director of his obligations hereunder, to such equitable relief, whether by way of injunction or action for specific performance, or otherwise as a court might impose, without the necessity of proving actual monetary damage for any breach by Director of this Agreement or of any undertaking herein contained.

Remedies for Breach of Agreement. Executive acknowledges that the Employer and the other Released Parties would suffer irreparable harm as a result of any disparagement (described in paragraph II.6), unauthorized disclosure, or use of Employer Confidential Information (described in paragraph II.11 and the Confidentiality Agreement), and that monetary damages would be insufficient to compensate the Employer for such harm. Therefore, if Executive is in breach, or threatens a breach, of his obligations or any provision of this Agreement, the Employer and any other affected Released Party is entitled to seek an injunction or temporary restraining order, without notice to Executive, restraining any unauthorized disclosure or use of the Employer’s Confidential Information in addition to any other available remedy, including damages. Further, Executive acknowledges that any breach of the foregoing would cause damage to the Employer that would be difficult if not impossible to establish and, thus, Executive agrees that he will pay to the Employer as liquidated damages, and not as a penalty, an amount equal to the Separation Consideration paid to Executive, and he expressly waives the right to any further Separation Consideration obligations expressly stated in this Agreement. In the event that Executive sues or otherwise institutes, initiates, or participates in any legal proceedings against the Employer or any Released Party for any claim or matter released hereby in violation of this Agreement, (a) the Employer will be relieved of its obligation to pay any Separation Consideration provided for in this Agreement, (b) the Employer will be entitled to recover from Executive all Separation Consideration previously paid to Executive, in addition to all other lawful remedies, and (c) all other provisions of this Agreement will remain in full force and effect.

Remedies for Breach of Agreement. The sole remedy of Owner for breach of this Agreement by Construction Manager (without limiting any claims that may be made by Owner against any insurance policies required to be maintained by Construction Manager pursuant to Article VIII) shall be the recovery of any actual direct damages suffered by Owner that are caused by such breach; provided that, notwithstanding the foregoing, Owner may, subject to Section 15.9, recover its actual damages without such limitation and seek any other remedy available at law or equity: (a) in the event such breach is caused by the gross negligence, willful misconduct, or violation of Law on the part of Construction Manager or its Designee; or (b) the breach of Sections 2.4, 4.1(b), 4.2, 5.4(c), 6.2, or 7.5 by Construction Manager or its Designee.