Remedies for Material Breach. The Parties hereby assent and agree that the U.S. Government has the right, obligation and authority to impose any or all of the following remedies in the event of a material breach of any term of this Agreement:
a. the novation of the Company’s classified contracts to another contractor. The costs of which shall be borne by the Company;
b. the termination of any classified contracts being performed by the Company and the denial of new classified contracts for the Company;
c. the revocation of the Company’s facility security clearance;
d. the suspension or debarment of the Company from participation in all Federal government contracts in accordance with the provisions of the Federal Acquisition Regulations; or
e. the suspension or restriction of any or all visitation privileges.
Remedies for Material Breach. If a Party fails to perform or breaches any of its material obligations under this Agreement, then each non-defaulting Party shall be entitled to exercise all remedies available to it at law or in equity. The Parties acknowledge and agree that monetary damages may not be an adequate remedy at law for the failure of a Party to perform certain material obligations under this Agreement (including the failure of a Party to sell or to acquire Component Ownership Interests), and under such circumstances, a non-defaulting Party shall have the right to specific performance by the defaulting Party of such obligations under this Agreement.
Remedies for Material Breach. In the event of a material breach of this Agreement by either Party, the other Party may pursue all available equitable and legal remedies (including without limitation injunctive relief and monetary damages) but in no event shall either Party have the right to terminate this Agreement or the licenses granted herein as a result of the other Party’s breach.
Remedies for Material Breach. (i) In the event of breach of a Material Provision of this Agreement, including (i) any substantial breach that is not cured within thirty (30) days of written notice; or (ii) any persistent failure by the Company to comply after having received written notice of a failure to comply, then, in accordance with the procedures provided in Section 12.4.3 hereof, the District may, at any time during the term of this Agreement, to the extent lawful and in addition to any other remedies the District may have under this Agreement or at law or in equity:
(a) Require the Company to take such actions, which are reasonably related to the cure of the breach, that the District deems appropriate in the circumstances; and/or
(b) Seek money damages from the Company as compensation for such material breach (it being acknowledged that seeking money damages for a material breach shall not preclude seeking money damages for a breach which is not material); and/or
(c) Revoke the Franchise granted pursuant to this Agreement by termination of this Agreement pursuant to Section 12.5 hereof, provided that, such revocation and termination shall not take effect for a period of one (1) year after notice thereof is given to the Company if the Company notifies the District in writing (within thirty (30) days of receipt of the notice of termination and revocation) that (A) the Company shall use its best efforts, during such period, to find a purchaser for the System, which purchaser shall be subject to the approval of the District pursuant to SECTION 10 hereof, and (B) the Company shall provide evidence on a monthly basis to OCTT of its attempts to find such a purchaser.
(ii) In addition to all other remedies granted or available to the District, the District may seek, to the extent appropriate under law, (a) the restraint by injunction of the violation, or attempted or threatened violation, by the Company of any terms or provisions of this Agreement or (b) a decree or order compelling performance by the Company of any term or provision herein.
(iii) This Section 12.4 shall apply instead of the remedy set forth in Title II, Section 1303 of the D.C. Cable Act (D.C. Official Code § 34-1263.03).
Remedies for Material Breach. The Parties, including the Broker, understand and agree that monetary damages would not be a sufficient remedy for any breach of this Agreement and that, in addition to monetary damages and all other rights and remedies available at law or according to the terms of this Agreement, the non-breaching Party, including the Broker, shall be entitled to equitable relief, including injunctive relief, specific performance and/or the granting of an immediate restraining order or preliminary injunction (without posting bond) enjoining any such breach or reasonably anticipated breach as a remedy. Such equitable remedies shall not be the exclusive remedies available to the Parties, including the Broker, for breach of this Agreement, but shall be in addition to all other remedies available at law, equity or according to the terms of this Agreement. At all times, Broker retains complete discretion to cancel any sale and/or Migration Process.
Remedies for Material Breach. At the completion of an arbitration, the arbitrator may declare one party in material breach of this Agreement. The arbitrator shall issue an order which will contain provisions to resolve the dispute to return the Collaboration to its pre-notice of breach condition. If such order is implemented, the material breach will be deemed to have been cured. If unsuccessful, and the Agreement terminates as a result of the material breach, the arbitrators in their discretion may order a remedy to the Non-defaulting party to allow the Non-Defaulting party to remain in the business of commercializing Oligos that were Joint Products during the term of this Agreement. These remedies could include financial compensation, requirements for continued supply, and/or licenses to Intellectual Property, such that both Parties are fairly compensated. The arbitrators have no authority to prevent either Party from commercializing Oligos that were Joint Products under this Agreement.
Remedies for Material Breach. (a) In the event that the Company fails to comply with a material provision of this Agreement, as provided in Section 14.4.02 hereof, then, in accordance with the procedures provided in Section 14.4.04 hereof, the City may, at any time during the term of this Agreement, to the extent lawful and in addition to any other remedies the City may have under this Agreement or at law or in equity:
(i) Require the Company to take such actions which the City deems appropriate in the circumstances; and/or
(ii) Seek money damages from the Company as compensation for such material breach (it being acknowledged that seeking money damages for a material breach does not preclude seeking money damages for a breach which is not material); and/or
(iii) Accelerate the expiration of the term of this Agreement by decreasing the term of the franchise provided in Section 2.3.02 hereof; provided that the remaining term of the franchise as accelerated pursuant to this Section 14.4.01(iii) shall not be less than thirty-six
Remedies for Material Breach. The Parties hereby assent and agree that the United States Government has the right, obligation and authority to impose any or all of the following remedies in the event of a material breach of any term hereof:
a. the novation of the Corporation’s and/or its subsidiaries’ classified contracts to another contractor, the costs of which shall be borne by the Corporation;
b. the termination of any classified contracts being performed by the Corporation and/or its subsidiaries and the denial of new classified contracts for the Corporation;
c. the revocation of the Corporation’s and/or its subsidiaries’ facility security clearance;
Remedies for Material Breach. At the completion of an arbitration, the arbitrator may declare one party in material breach of this Development Agreement. The arbitrator shall issue an order which will contain provisions to resolve the dispute to return the Development to its pre-notice of breach condition. If such order is implemented, the material breach will be deemed to have been cured. If unsuccessful, and the Development Agreement terminates as a result of the material breach, the arbitrators in their discretion may order a remedy to the Non-defaulting party to allow the Non-Defaulting party to remain in the business of commercializing Diagnostic Products that were Diagnostic Products during the term of this Development Agreement. These remedies could include financial compensation, requirements for continued supply, and/or licenses to Intellectual Property, such that both Parties are fairly compensated. The arbitrators have no authority to prevent either Party from commercializing products that were Diagnostic Products under this Development Agreement.
Remedies for Material Breach. If LIMINATUS or TDT has the right to terminate this Agreement pursuant to Section 9.3 on account of the other Party’s uncured material breach of this Agreement, then in lieu of such termination, LIMINATUS or TDT, respectively, shall have the right to keep this Agreement in effect and to seek other remedies available to it at law or in equity.
