Remedies for Breach of This Agreement. Except as otherwise specifically provided in this Agreement, the remedies set forth in this Agreement are cumulative and shall not exclude any other remedies to which a Person may be lawfully entitled.
Remedies for Breach of This Agreement. Participant acknowledges and agrees that a breach of the covenants, promises, agreements and obligations set forth in this Agreement will result in material and irreparable injury to Company for which there is no adequate remedy at law, and that it would not be possible to measure damages for such injury precisely. In the event of such a breach or threat thereof, the Company shall have the right to seek, in addition to money damages, a temporary restraining order, preliminary injunction or permanent injunction restraining Participant from engaging in the activities prohibited by this Agreement, or any other relief as may be appropriate in law or equity or required for specific enforcement of the covenants set forth in this Agreement.
Remedies for Breach of This Agreement. If either You or Aquila believes that the other party to this Agreement has breached its obligations under this Agreement, then the party claiming a breach will provide notice to the other party, in writing, including a statement of the specific manner in which the party believes that this Agreement has been breached. If the breach is not cured, or cannot reasonably be cured, within thirty (30) days following notice, then the parties, subject to Paragraph 16, and at their respective options, will be entitled to proceed as follows:
(a) If Aquila substantially and materially breaches any provision of this Agreement, payment of any remaining benefits on EXHIBIT A shall be accelerated and not be recoverable by Aquila as long as You have not also substantially breached this Agreement. You may also pursue any other available remedies for such breach, including but not limited to recovery of Your costs and attorneys' fees.
(b) If You substantially and materially breach any provision of this Agreement, and Aquila has not also substantially and materially breached this Agreement, then Aquila, at its option, will be entitled to immediately cease all remaining payments and benefits under this Agreement. Aquila may also pursue any other available remedies for such breach, including but not limited to recovery of its costs and attorneys' fees.
Remedies for Breach of This Agreement. The parties agree that any breach of any obligations under this Agreement shall cause (i) immediate and irreparable harm to the nonbreaching party, thereby entitling the non-breaching party to a Court Order of injunctive relief, which is hereby consented to by the parties to this Agreement; (ii) cause the breaching party to be liable for all reasonable attorney’s fees and costs incurred by the non-breaching party associated with bringing any action to enforce the non-breaching party’s respective rights under this Agreement; and (iii) the breaching party to be liable for any actual damage incurred by the non- breaching party as a result of the breach.
Remedies for Breach of This Agreement. I further understand that CoWorx and/or Client may seek and obtain in addition to all other remedies available at law, any appropriate equitable relief to restrain or enjoin any actual or threatened breach of this Agreement.
Remedies for Breach of This Agreement. 27 Section 9.1. Survival of Representations and Warranties...........................27
Remedies for Breach of This Agreement. (a) All of the representations, warranties and covenants of the Seller contained in Section 5 above shall survive the Closing Date hereunder (unless the Buyer knew any misrepresentation or breach of warranty at the Closing Date) and continue in full force and effect for a period of three years thereafter. All of the representations, warranties and covenants contained in Sections 3, 4 and 7 herein shall survive the Closing Date (unless the damaged party knew of any misrepresentation or breach of warranty at the time of Closing) and continue in full force and effect forever thereafter (subject to any applicable statute of limitations).
(b) In the event Seller breaches any of its warranties, representations or covenants contained herein, and, if there is an applicable survival period pursuant to Section 6(a) above and that Buyer makes a written claim for indemnification against the Seller pursuant to Section 10(g) below within such survival period, then the Seller agrees to indemnify the Buyer and DSSI from and against any and all Adverse Consequences the Buyer and/or DSSI shall suffer or may suffer through and after the date of the claim for indemnification (but excluding any and all Adverse Consequences the Buyer or DSSI shall or may suffer after the end of the applicable survival period as to a breach of the representations and warranties contained in section 5 hereof) caused proximately by the breach. Seller shall not have any obligation to indemnify the Buyer from and against any Adverse Consequences caused by the breach of any representation or warranty of the Seller contained in Article 5 above;
(1) until Buyer and/or DSSI has suffered Adverse Consequences by reason of all such breaches in excess of $250,000.00 at which point the Seller will be obligated to indemnify the Buyer and/or DSSI from and against any and all such Adverse Consequences from the first dollar of all such Adverse Consequences by the Buyer and /or DSSI. No event or breach shall be considered in determining such $250,000.00 unless and until the Adverse Consequences from any singular event or breach equals or exceeds $10,000.
(2) to the extent Adverse Consequences the Buyer has suffered by reason of all such breaches exceeds $3,500,000 after which point Seller will have no obligation to indemnify Buyer from and against further such Adverse Consequences.
(3) for any claim relating to (i) the ultimate disposal of waste generated by DSSI that is stored on the Real Property owned by DSSI ...
Remedies for Breach of This Agreement. 5.1 Breach by Assignee and/or the VCG Parties. In the event Assignee breaches any of its respective representations, warranties or covenants contained in the Purchase Agreement or either of the VCG Parties breaches any of its respective representations, warranties or covenants contained in Section 4 herein or its covenants contained in this Section 5 and, provided that either of the FMC Parties makes a written claim for indemnification against any of Assignee or the VCG Parties within the Survival Period (or beyond the Survival Period, in the case of a claim for breach of Section 4.5 hereof), then the VCG Parties shall jointly and severally indemnify, defend and hold harmless the FMC Parties and their respective officers, directors, shareholders, employees and agents to the fullest extent lawful from and against any Adverse Consequences any of them shall sustain or incur arising out of or resulting from the breach. Assignee shall not have any obligation whatsoever under this Agreement to indemnify, defend or hold harmless the FMC Parties against any Adverse Consequences resulting from a breach by either of the VCG Parties of any of their respective representations, warranties or covenants contained in Section 4 herein or their respective covenants contained in this Section 5.
5.2 A party obligated to provide indemnification under this Section 5 (an “Indemnifying Party”) shall reimburse the indemnified parties of the other party (the “Indemnified Parties”) for all reasonable out-of-pocket expenses (including reasonable attorneys’ fees and disbursements) (a) as such expenses are incurred by an Indemnified Party in connection with investigating, preparing to defend or defending any action, suit, claim or proceeding (including any inquiry or investigation) related to the breach by the Indemnifying Party of any representation, warranty or covenant contained in this Agreement; provided that the Indemnified Parties shall submit invoices to the Indemnifying Party within 15 days of receipt from any third parties providing services to the Indemnified Parties in connection with such defense; provided further that the maximum payment for each calendar month during which the Indemnified Parties are entitled to reimbursements hereunder shall be Fifty Thousand Dollars ($50,000) with any unused amounts to be applicable for expenses in subsequent months and any amounts remaining thereafter to be reimbursed by the Indemnifying Party following final disposition of any such a...
Remedies for Breach of This Agreement. The parties agree that any breach of any obligations under this Agreement shall cause (i) immediate and irreparable harm to the nonbreaching party, thereby entitling the non-breaching party to a Court Order of injunctive relief, which is hereby consented to by the parties to this Agreement; (ii) cause the breaching party to be liable for all reasonable attorney’s fees and costs incurred by the non- breaching party associated with bringing any action to enforce the non-breaching party’s respective rights under this Agreement if such a breach is determined to have occurred by the Court; and (iii) the breaching party to be liable for any actual damage incurred by the non-breaching party as a result of the breach. The remedies of this Section 29 shall be in addition to any other remedies provided to a non-breaching party as may be set forth in this Agreement.
Remedies for Breach of This Agreement. If Employee breaches paragraphs 8, 9, 10, 11 and/or 12 of this Agreement, then Ditech shall have, in addition to and without limiting any other remedy or right it may have at law or in equity, the right to a temporary and permanent injunction restraining any such breach, without any bond or security being required. In any such proceeding, Employee shall waive any defense that the Company has an adequate remedy at law or that the injury suffered as a consequence of such breach is not irreparable. Employee further agrees that should Employee engage in conduct or make disclosures forbidden by paragraphs 8, 9, 10, 11 and/or 12, it may be difficult or impossible to specify or prove damages as a result of breach of these provisions and therefore agrees that Employee shall be liable for, in addition to the injunctive and other relief set forth herein, FIVE THOUSAND DOLLARS AND ZERO CENTS ($5,000.00) in liquidated damages for each instance of such violation.
