Common use of Remedies of Company Clause in Contracts

Remedies of Company. The Members and the Executive Committee Members agree that the scope and time periods contained in this Article have been carefully considered and specifically agreed to as being reasonable and necessary. If any Member or Executive Committee Member or any Member’s advisors shall at any time breach, violate or fail to comply fully with any of the terms, provisions or conditions of this Article, the Company shall be entitled to equitable relief by way of injunction (in addition to, but not in substitution for, any and all other relief to which the Company may be entitled either in law or in equity) to restrain such breach or violation or to require compliance fully with the terms, provisions or conditions of this Article. In any such proceeding the Members and the Executive Committee Members agree not to raise as a defense in any such proceeding any allegation that any of the provisions of this Article are either unnecessary or unreasonable or that any of them illegally restrain trade or any personal rights. The Members further agree to reimburse the Company for any cost of enforcing the provisions of this Article, including reasonable attorney’s fees.

Appears in 4 contracts

Samples: Operating Agreement (Inland Real Estate Corp), Operating Agreement (Inland Real Estate Corp), Operating Agreement (Inland Real Estate Corp)

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Remedies of Company. The Members and Members, the Executive Committee Members and Xxxxxxxxx agree that the scope and time periods contained in this Article have been carefully considered and specifically agreed to as being reasonable and necessary. If any Member or Executive Committee Member or Xxxxxxxxx or any Member’s advisors shall at any time breach, violate or fail to comply fully with any of the terms, provisions or conditions of this Article, the Company shall be entitled to equitable relief by way of injunction (in addition to, but not in substitution for, any and all other relief to which the Company may be entitled either in law or in equity) to restrain such breach or violation or to require compliance fully with the terms, provisions or conditions of this Article. In any such proceeding the Members and the Executive Committee Members and Xxxxxxxxx agree not to raise as a defense in any such proceeding any allegation that any of the provisions of this Article are either unnecessary or unreasonable or that any of them illegally restrain trade or any personal rights. The Members, the Executive Committee Members and Xxxxxxxxx further agree to reimburse the Company for any cost of enforcing the provisions of this Article, including reasonable attorney’s fees.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Inland Retail Real Estate Trust Inc)

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