REMEDIES FOR BREACHES. The Officer understands and agrees that a breach by him of the covenants contained in Sections 5(a) or 5(b) will be deemed a material breach of this Agreement and will cause irreparable injury to the Bank, and that it would be difficult to ascertain the amount of monetary damages that would result from any such breach. In the event of the Officer's actual or threatened breach of the covenants contained in Paragraphs 5(a) or 5(b), the Bank shall be entitled to bring a civil action seeking an injunction restraining the Officer from breaching or continuing to breach those covenants or from any threatened breach thereof, or any other legal or equitable relief relating to the breach of such covenants. The Officer agrees that, if the Bank institutes any action or proceeding against him seeking to enforce any of such covenants or to recover other relief relating to an actual or threatened breach of any of such covenants, he shall be deemed to have waived any claim or defense that the Bank has an adequate remedy at law and shall not urge in any such action or proceeding the claim or defense that such a remedy at law exists. The exercise by the Bank of any such right, remedy, power or privilege, however, shall not preclude the Bank from pursuing any other remedy or exercising any other right, power or privilege available to it for any such breach, whether at law or in equity, including the recovery of damages, all of which shall be cumulative and in addition to all other rights, remedies, powers or privileges of the Bank. Notwithstanding anything contained to the contrary, the Officer agrees that the provisions of Sections 5(a) and 5(b) and the remedies provided in this Section 5(c) for a breach shall be in addition to, and shall not be deemed to supersede or to otherwise restrict, limit or impair, the rights of the Bank under the Trade Secrets Protection Act contained in Article 24, Chapter 66 of the North Carolina General Statutes, or any other state or federal law or regulation dealing with or providing a remedy for this wrongful disclosure, misuse or misappropriation of trade secrets or other proprietary or confidential information.
REMEDIES FOR BREACHES. OF THIS AGREEMENT
REMEDIES FOR BREACHES of This Agreement
REMEDIES FOR BREACHES. OF THIS AGREEMENT 14
6.1 Indemnification 14 6.2 Limitations on Seller’s or Purchaser’s Indemnification 15 6.3 Reimbursements; Refunds 15
REMEDIES FOR BREACHES. OF THIS AGREEMENT...................................38 (a) Survival of Representations and Warranties......................38 (b) Indemnification Provisions for Benefit of Kendxx................38 (c) Indemnification Provisions for Benefit of the Sellers...........39 (d) Matters Involving Third Parties.................................40 (e) Determination of Adverse Consequences...........................41 (f) Sole Remedy.....................................................42 (g) Other Indemnification Provisions................................42 9.
REMEDIES FOR BREACHES. Without prejudice to the rights and remedies available to Client in accordance with applicable law, in the event of any defective performance from the Supplier or failure to furnish the agreed level of service, the Supplier will use reasonable commercial efforts to restore the service to a good operating condition on an urgent basis at no additional cost to the Client.
REMEDIES FOR BREACHES. In addition to any and all remedies provided herein and by applicable law, the User agrees that a suspected or perceived breach of the whole Section 9 could cause irreparable harm to the Disclosing Party and the Receiving Party accordingly agrees that the Disclosing Party is entitled to all legal and equitable relief, including but not limited to injunctive relief.
REMEDIES FOR BREACHES. OF THIS AGREEMENT 19 7.1 Survival of Representations and Warranties. 19 7.2 Indemnification Provisions for Benefit of KCS. 19 7.3 Indemnification Provisions for Benefit of GTMM and TFM. 19 7.4 Determination of Adverse Consequences. 20 7.5 Specific Performance. 20 ARTICLE VIII. TERMINATION 20 8.1 Termination of Agreement. 20 8.2 Effect of Termination. 20 ARTICLE IX. 21
REMEDIES FOR BREACHES. In the event of any defective performance from IGNITE or failure to furnish the agreed level of service, IGNITE will make reasonable efforts to restore the service to a sufficient operating condition on an urgent basis.
REMEDIES FOR BREACHES. OF THIS AGREEMENT 43
6.1 Indemnification by Sellers43 6.2 Indemnification by Buyer43
