Remedies in Event of Breach. Business Associate hereby recognizes that irreparable harm will result to Covered Entity, and to the business of Covered Entity, in the event of breach by Business Associate of any of the covenants and assurances contained in this Agreement. As such, in the event of breach of any of the covenants and assurances contained in Sections II or III above, Covered Entity shall be entitled to enjoin and restrain Business Associate from any continued violation of Sections II or III. Furthermore, in the event of breach of Sections II or III by Business Associate, Covered Entity is entitled to reimbursement and indemnification from Business Associate for Covered Entity’s reasonable attorneys’ fees and expenses and costs that were reasonably incurred as a proximate result of Business Associate’s breach. The remedies contained in this Section VI shall be in addition to, not in lieu of, any action for damages and/or any other remedy Covered Entity may have for breach of any part of this Agreement or the Underlying Agreement or which may be available to Covered Entity at law or in equity.
Remedies in Event of Breach. Organization recognizes that irreparable harm will result to Hospital in the event of breach by Organization of any of the covenants and assurances contained in this Agreement. As such, in the event of a breach, Hospital shall be entitled to enjoin and restrain Organization from any continued violation of this Agreement. Furthermore, Organization will reimburse and indemnify Hospital expenses and costs that are reasonably incurred associated with notification of individuals, media, and credit monitoring, as a result of Organization’s breach. The remedies contained in this section shall be in addition to any action for damages and/or any other remedy Hospital may have for breach of any part of this Agreement.
Remedies in Event of Breach. (a) Business Associate hereby agrees that any violation of this Agreement may cause irreparable harm to the Covered Entity. As such, in the event of breach of any provision of this Agreement, Covered Entity shall be entitled to enjoin and restrain Business Associate from any continued violation, and/or may seek specific performance, without bond, security or necessity of demonstrating actual damages.
(b) Business Associate shall indemnify and hold Covered Entity harmless against all claims and costs resulting from acts and/or omissions of the Business Associate in connection with Business Associate’s obligations under this Agreement, including but not limited to, reasonable attorneys’ fees, expenses and costs. Business Associate shall be fully liable for the actions of its agents, employees, partners and subcontractors and shall fully indemnify and hold harmless Covered Entity from suits, actions, damages and costs of every name and description relating to breach notification required by 45 CFR Part 164 Subpart D, or State Technology Law Section 208, caused by any intentional act or negligence of Business Associate, its agents, employees, partners and subcontractors, without limitation; provided however, that Business Associate shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or failure to act of Covered Entity. The provisions of this Section 6 shall survive the expiration or termination of this Agreement.
Remedies in Event of Breach. A. Business Associate agrees and acknowledges that irreparable harm will result to Covered Entity, and to its business, in the event of Breach by Business Associate of any covenants, duties, obligations and assurances in this BAA and further agrees that remedy at law for any such Breach shall be inadequate and that damages resulting there from are not susceptible to being measured in monetary terms. In the event of any such Breach or threatened Breach by Business Associate, Covered Entity shall be entitled to (i) immediately enjoin and restrain Business Associate from any continuing violations and (ii) reimbursement for reasonable attorneys’ fees, costs and expenses incurred as a proximate result of the Breach. The remedies in this Section V shall be in addition to any action for damages and/or other remedy available to Covered Entity for such Breach.
B. Business Associate shall indemnify and hold Covered Entity, its directors, officers, employees and agents harmless from any and all liabilities, damages, reasonable attorneys' fees, costs and expenses incurred by Covered Entity as a result of a breach of this BAA caused by Business Associate's actions or inactions and/or those of its employees and agents.
C. Business Associate agrees and acknowledges that the provisions of this BAA shall be strictly construed.
Remedies in Event of Breach. Third Party Payer recognizes that irreparable harm will result to Healthcare Organization in the event of Breach by Third Party Payer of any of the covenants and assurances contained in this Agreement. As such, in the event of a Breach, Healthcare Organization shall be entitled to enjoin and restrain Third Party Payer from any continued violation of this Agreement. Furthermore, Third Party Payer will reimburse and indemnify Healthcare Organization expenses and costs that are reasonably incurred associated with notification of individuals, media, and credit monitoring, as a result of Third Party Payer’s Breach. The remedies contained in this section shall be in addition to any action for damages and/or any other remedy Healthcare Organization may have for breach of any part of this Agreement.
Remedies in Event of Breach. In the event of a breach by either Party of the terms of this Agreement, the other Party shall be entitled, if it shall so elect, to institute legal proceedings to obtain damages for any such breach, or to enforce the specific performance of this Agreement and to enjoin the breaching Party from any further violation of this Agreement and to exercise such remedies cumulatively or in conjunction with all other rights and remedies provided by law. Each Party acknowledges, however, that the remedies at law for any breach of the provisions of this Agreement may be inadequate and that the non-breaching Party shall therefore be entitled to injunctive relief in the event of breach.
Remedies in Event of Breach. In the event that you breach any of your obligations under this Agreement or as otherwise imposed by law, Affymetrix will be entitled to immediate return of any and all benefits paid to you under this Agreement and to obtain injunctive relief and all other relief provided by law or equity. All other duties and obligations under this Agreement, however, including your waivers and releases, will remain in full force and effect.
Remedies in Event of Breach. A non-breaching Party terminating this Agreement shall be entitled to pursue any and all rights and remedies, at law or in equity, available to that Party resulting from the breach of this Agreement.
Remedies in Event of Breach. Business Associate recognizes that irreparable harm will result to Covered Entity in the event of breach by Business Associate of any of the covenants and assurances contained in this Agreement. As such, in the event of a breach, Covered Entity shall be entitled to enjoin and restrain Business Associate from any continued violation of this Agreement. The remedies contained in this section shall be in addition to any action for damages and/or any other remedy Covered Entity may have for breach of any part of this Agreement.
Remedies in Event of Breach. Community Partner recognizes that irreparable harm will result to TDC in the event of Breach by Community Partner of any of the covenants and assurances contained in this Agreement. As such, in the event of a Breach, TDC shall be entitled to enjoin and restrain Community Partner from any continued violation of this Agreement. Furthermore, Community Partner will reimburse and indemnify TDC expenses and costs that are reasonably incurred associated with notification of individuals, media, and credit monitoring, as a result of Community Partner’s Breach. The remedies contained in this section shall be in addition to any action for damages and/or any other remedy TDC may have for breach of any part of this Agreement.
