Remedies for Breach of the Agreement. Employee consents and agrees that if he violates any covenants contained in this Agreement, Employer and/or Related Entities would sustain irreparable harm and, therefore, in addition to any other remedies which may be available to it, Employer and/or Related Entities, to the extent and in the manner permitted by applicable law, shall be entitled to an injunction restraining Employee from committing or continuing any such violation of this Agreement. Nothing in this Agreement shall be construed as prohibiting Employer and/or Related Entities from pursuing any other remedy or remedies including, without limitation, recovery of damages. Employee acknowledges that Related Entities have rights under this Agreement and that they may enforce these rights as third party beneficiaries.
Remedies for Breach of the Agreement. The restrictions set forth in SECTIONS 3 (b), (c), (d), (e) AND (f) are considered by the parties to be reasonable for the purposes of protecting the legitimate business interests of the Employer and the Related Entities and the value of the business and goodwill of the Employer and the Related Entities. The parties hereto acknowledge that the Employer and the Related Entities would be irreparably harmed, and that monetary damages would not provide an adequate remedy to the Employer and the Related Entities, in the event the covenants contained in SECTIONS 3 (b), (c), (d), (e) AND (f) were not complied with in accordance with their terms. Accordingly, the Employee agrees that any breach or threatened breach by him of any provision of SECTIONS 3 (b), (c), (d), (e) AND (f) shall entitle the Employer and the Related Entities to injunctive and other equitable relief, without the posting of any bond or security, to secure the enforcement of such provisions, in addition to any other rights and remedies which may be available to the Employer and the Related Entities, and that the Employer and the Related Entities shall be entitled to receive from the Employee reimbursement for all attorneys' fees and expenses incurred by the Employer and the Related Entities in enforcing such provisions. In addition to its other rights and remedies, the Employer and the Related Entities shall have the right to require the Employee to account for and pay over to the Employer or the Related Entities, as the case may be, all compensation, profits, money, accruals and other benefits derived or received, directly or indirectly, by the Employee from the action constituting such breach. If the Employee breaches the covenant set forth in SECTION 3(b), the running of the noncompete period described therein shall be tolled with respect to the Employer or any of the Related Entities for so long as such breach continues. It is the desire and intent of the parties that the provisions of SECTIONS 3 (b), (c), (d), (e) AND (f), be enforced to the fullest extent permissible under the laws and public policies of each jurisdiction in which enforcement is sought. If any provisions of SECTIONS 3 (b), (c), (d), (e) OR (f), relating to the time period, scope of activities or geographic area of restrictions are declared by a court of competent jurisdiction to exceed the maximum permissible time period, scope of activities or geographic area, the maximum time period, scope of activities or geographic are...
Remedies for Breach of the Agreement. 1. The Parties reserve all rights and remedies with respect to enforcement of the terms and conditions of this Agreement as set forth and defined herein. Unless this Agreement is terminated by the Settling Defendants pursuant to Section IV(B)(2), any breach of the terms and conditions of this Agreement (including, without limitation, any breach of a representation, warranty, release or covenant herein) may and can result, among other things, in a claim for money damages in favor of the non-breaching Party, and the prevailing party to such a claim or action shall be entitled to an award of their reasonable attorneys’ fees, costs and interest.
2. In the event that Xxxxxxx defaults in the payment of Settlement Proceeds due under this Agreement, as their sole and exclusive remedy, the Participating Plaintiffs shall be entitled to aggregate their claims for such payment(s) and have a judgment entered based on the remaining unpaid Settlement Proceeds. In such circumstances, any unpaid Settlement Proceeds: (a) shall be accelerated without discount; (b) shall be subject to the imposition of post-judgment interest at the default rate pursuant to Florida Statute Section 687.02 at the time of entry of the judgment; and (c) Participating Plaintiffs enforcing such a judgment shall be entitled to collect reasonable attorneys’ fees from Xxxxxxx for any proceedings required to enforce the judgment.
Remedies for Breach of the Agreement. (a) In the event of a breach or default by Xx. Xxxxxxx of any of his obligations contained in this Agreement, the Company shall have the right to pursue (i) such legal remedies as may be available to it to recover from Xx. Xxxxxxx any damages suffered by any of the Released Parties as a result of such breach or default, and/or (ii) an appropriate action in equity, including an action for injunctive relief, as may be appropriate under the circumstances to protect itself or any of the Released Parties against such breach or default. Xx. Xxxxxxx agrees and acknowledges that the Company has the right to seek such relief and that the Company may do so without the necessity of proof of actual damages or posting a bond. Additionally, in the event Xx. Xxxxxxx breaches the Agreement, he agrees to repay immediately all sums paid to him (including the value of the Restricted Shares vested that would have otherwise been forfeited but for this Agreement), and to forfeit any future payments to be paid to him, pursuant to the Agreement.
(b) If a Court determines that Xx. Xxxxxxx has violated any of the covenants contained in this Agreement, the parties agree and acknowledge that the period applicable to each obligation that has been violated will be extended automatically by a period of time equal in length to the period during which such violation(s) occurred.
(c) If the Company breaches its obligations to Xx. Xxxxxxx under this Agreement, Xx. Xxxxxxx may seek any remedies available at law or in equity in connection with such breach.
Remedies for Breach of the Agreement. Each of the parties may, subject to the limitations in this agreement, invoke the remedies for breach available under the Sale of Goods Act in the event of breach of the agreement by the other party, including termination of this agreement in the event of material breach by the other party. However, the Purchaser shall not be entitled to require rectification pursuant to Section 34 of the Sale of Goods Act, but the Seller shall be entitled to perform rectification pursuant to Section 36 of the Sale of Goods Act.31
Remedies for Breach of the Agreement. Employee consents and agrees that if he violates any covenants contained in this Agreement, Employer and/or Related Entities would sustain irreparable harm and, therefore, in addition to any other remedies which may be available to it, Employer and/or Related Entities shall be entitled to an injunction restraining Employee from committing or continuing any such violation of this Agreement. Employee also agrees and acknowledges that his use of trade secrets, client lists or Confidential Information, or the direct solicitation of existing clients of the Employer and/or Related Entities in a manner contrary to this Agreement will give rise to irreparable injury which may specifically be enjoined. Nothing in this Agreement shall be construed as prohibiting Employer and/or Related Entities from pursuing any other remedy or remedies including, without limitation, recovery of damages. Employee acknowledges that Related Entities have rights under this Agreement and that they may enforce these rights as third party beneficiaries.
Remedies for Breach of the Agreement. Executive consents and agrees that if he violates any covenants contained in this Agreement, the Company and/or Related Entities would sustain irreparable harm and, therefore, in addition to any other remedies which may be available to it, the Company and/or Related Entities shall be entitled to an injunction restraining Executive from committing or continuing any such violation of this Agreement. Executive also agrees and acknowledges that his use of trade secrets, client lists or Confidential Information, or the direct solicitation of existing clients of the Company and/or Related Entities in a manner contrary to this Agreement will give rise to irreparable injury that may specifically be enjoined. Nothing in this Agreement shall be construed as prohibiting the Company and/or Related Entities from pursuing any other remedy or remedies including, without limitation, recovery of damages. Executive acknowledges that Related Entities have rights under this Agreement and that they may enforce these rights as third party beneficiaries.
Remedies for Breach of the Agreement. Donovan consents and agrees that if he violates any covenant contxxxxx xn this Agreement, the Company and/or Related Entities would sustain irreparable harm and, therefore, in addition to any other remedies which may be available to it, the Company and/or Related Entities shall be entitled to an injunction restraining Donovan from committing or continuing any such violation of thix Xxxxement. Donovan also agrees and acknowledges that his use of trade secxxxx, client lists or Confidential Information, or the direct solicitation of existing clients of the Company and/or Related Entities in a manner contrary to this Agreement will give rise to irreparable injury that may specifically be enjoined. Nothing in this Agreement shall be construed as prohibiting the Company and/or Related Entities from pursuing any other remedy or remedies including, without limitation, recovery of damages. Donovan acknowledges that Related Entities have rights under xxxx Xxreement and that they may enforce these rights as third party beneficiaries.
Remedies for Breach of the Agreement. Each of the parties may, subject to the limitations in this agreement, invoke the remedies for breach available under the Sale of Real Estate Act in the event of breach of the agreement by the other party, including termination of this agreement in the event of material breach by the other party.10 The Seller shall indemnify the Purchaser for any loss (including reasonable legal fees) arising out of: Damage to the Property in the period between signing of this agreement and 12:00 pm at the day of Closing. Such indemnification shall not apply if the loss is below the threshold amount in Clause 8.(a), or if i) the costs associated with reconstruction/repair and any loss of rent as the result of such damage are fully covered by an insurance policy or covered by the Seller, or if the Seller furnishes adequate collateral in respect of such costs and any loss of rent, and ii) all lessees at the Property confirm that they will continue or resume their leases on the same terms following reconstruction/repair. The Purchaser shall be deemed to have waived the right to invoke this clause if the Purchaser fails to submit to the Seller, within 45 days of Closing, a written notice to the effect that it is claiming indemnification of the loss. The limitations of the Seller’s liability in Clauses 8.1, 8.2 and 8.4 do not apply for the indemnifications in this Clause 10.. COLLATERAL [To be deleted if the Seller is not going to furnish collateral] NOK [●] of the Purchase Price shall be kept outside the control of both parties, in an escrow account in the name of the Seller until one year after Closing, as collateral securing claims from the Purchaser against the Seller under this agreement. Any rightful claims the Purchaser has against the Seller shall be settled by payments from the escrow account. If no rightful claim is made against the Seller during the period until and including the day that is one year after Closing, the amount deposited in the escrow account, including interest, shall be paid to the Seller. Any dispute as to what constitutes a rightful claim shall be resolved pursuant to Clause 16.. The Seller and the Purchaser shall each cover one half of all costs payable to the bank in connection with such collateral.
Remedies for Breach of the Agreement
