Remedies on Breach. Any remedies on breach of this Agreement are to be determined exclusively through arbitration as discussed in the Agreement.
Remedies on Breach. In addition to, and not in limitation of, the provisions of Section 10 hereof, the parties agree that any breach of this Agreement by either party may cause irreparable damage to the other party, and that in the event of such breach the damaged party shall have, in addition to any and all remedies of law, the right to an injunction, specific performance or other equitable relief to prevent the violation of any obligations hereunder, without the necessity of posting a bond or other security. With respect to any dispute between the Company and Employee as to the interpretation, terms, validity or enforceability of (including any dispute about the amount of any payment pursuant to) this Agreement, the losing party in such dispute shall pay to the prevailing party all of the prevailing party’s costs and expenses, including reasonable attorneys’ fees in connection with the enforcement of this Agreement.
Remedies on Breach. Each of the parties hereby acknowledges that it understands and agrees that the other party may suffer irreparable harm in the event that it breaches any of its obligations under Sub-section 7.2 of this Agreement and that monetary damages may be inadequate to compensate it for such a breach. Accordingly, each of the parties agrees that, in the event of a breach or threatened breach by a party of any the provisions in Sub-section 7.2, the other party, in addition to and not in limitation of any other rights, remedies or damages available to it at law or in equity, shall be entitled to an apply for an interim injunction, interlocutory injunction and permanent injunction in order to prevent or to restrain any such alleged breach by such party, or by any or all of its partners, co-venturers, employers, employees, servants, agents, representatives and any and all persons, directly or indirectly, acting for, on behalf of, or with such party, and the parties hereby agree that other remedies are inadequate to fully protect the rights of the party not in breach.
Remedies on Breach. Each party acknowledges that the unauthorized use or disclosure of any confidential information will cause irreparable harm to the other for which damages will be an inadequate remedy, and the each party hereby agrees that, in additional to all other remedies available to it at law and in equity, it will have the right to obtain injunctive relief.
Remedies on Breach. In the event of a breach of any of the foregoing covenants (including Sections 8.B., C., D. and E hereof),
1. Any unvested portion of your outstanding options, PSUs and RSUs shall be forfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this transition agreement or the applicable plan; and
2. Any amounts due to be paid under Section 2.B shall be forfeited as of the date of such breach, and any amounts previously paid under Section 2.B shall be subject to recoupment (to the extent permitted by applicable law); and
3. The Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. Such equitable relief shall be in addition to, and not in lieu of, legal remedies, monetary damages or other available forms of relief.
Remedies on Breach. Any action taken by either Party that is inconsistent with said party’s representations, covenants and obligations under this Agreement shall be a material breach by said Party. Further, in the event of such a breach, the breaching Party shall be liable for any damages that a court may determine and will be subject to injunctive relief and any other relief which a court may award. Both Parties agree that in the event of such breach the breaching Party shall be liable for the non-breaching Party’s reasonable attorneys’ fees and costs incurred in enforcing this Agreement
Remedies on Breach. The Employee hereby agrees that it may not be possible for the Company to be adequately compensated in damages for any breach by the Employee of any of the representations, warranties, terms or any conditions contained in this Agreement and accordingly the Employee hereby agrees and consents that in the event of any such breach, the Company, in addition to any other remedies it may have, shall be entitled to injunction or other equitable relief restraining such breach.
Remedies on Breach. On the occurrence of any event of any failure of Customer to timely pay the rent due each month for said Equipment, or upon any other default, and at any time afterwards as long as it continues, Parallel may, at its option and without notice to Customer, declare this Agreement to be in default and exercise one or more of the following remedies, to the extent available, permitted by, and subject to any mandatory requirements of applicable law:
A. Demand that Customer immediately return the Equipment to Parallel in the manner specified by written notice, which will be effective on delivery;
B. Enter on the premises where all or part of the Equipment is located and, without incurring liability, take immediate possession of the Equipment and remove it;
C. Declare immediately due and payable all amounts due and to become due under the full term of this Agreement;
D. Sell the Equipment at private or public sale or hold, use, operate, or rent the Equipment to others, free and clear of any rights of Customer;
E. Proceed by appropriate court action or actions, either at law or in equity, to enforce performance by Customer of the applicable covenants of this Agreement and to obtain relief that the court considers appropriate for the breach;
F. Terminate this Agreement by written notice, which will be effective on delivery; and
G. Exercise all rights available to Parallel under the California Commercial Code.
Remedies on Breach. Each party shall be entitled to all available rights and remedies, at law or in equity, in the event of a breach of any representation, warranty or covenant made herein by the other party.
Remedies on Breach. E.F.C. hereby agrees that it may not be possible for the Company to be adequately compensated in damages for any breach by E.F.C. of any of the representations, warranties, terms or any conditions contained in this Agreement and accordingly E.F.C. hereby agrees and consents that in the event of any such breach, the Company, in addition to any other remedies it may have, shall be entitled to injunction or other equitable relief restraining such breach.
