REMEDY FOR BREACH OF AGREEMENT. 4.1 Without limiting any and all available rights or remedies as decided by the arbitrator, at law or in equity, all of which shall be available and are not waived, the Parties agree that any breach of the terms of this Agreement, the Release, or the Confidentiality Agreement would result in irreparable injury and damage to either one of them, for which there is no adequate remedy at law. The Parties agree that the aggrieved Party (including the respective KRC Released Parties as set forth in the Release in the event of a breach of the Release) shall be entitled to obtain a temporary restraining order and/or a preliminary injunction or permanent injunction, without the need to post a bond, for the purpose of restraining the other Party from engaging in prohibited activities or providing for such other relief as may be required to specifically enforce the terms of this Agreement, the Release, or the Confidentiality Agreement.
REMEDY FOR BREACH OF AGREEMENT. In addition to all other remedies available to the Company for breach of the terms of this Agreement, upon the breach by the Optionee of any provision of Section 8 or 9 hereof, the Company shall have the right to (i) cancel and terminate this Option and all rights granted hereby or under the Plan, without notice, effective as of the date of the breach, and this Option will no longer be exercisable and (ii) within thirty (30) days receive payment from the Optionee of that amount of money equal to the aggregate gross sale price of any Option Shares sold by the Optionee less the exercise price paid for such Option Shares.
REMEDY FOR BREACH OF AGREEMENT. Monetary damages shall be the sole remedy for breach of a Member’s obligation to consent to continue the business of the Company.
REMEDY FOR BREACH OF AGREEMENT. In the event, the Tenant fails to pay the fees for the slip or electric usage; fails to remove the vessel, be it at the end of the term or at a date determined due to breach of this agreement; or remit payment for costs or reimbursement for costs related to damage or destruction to the East Creek Docking Facility (including designated parking areas, restrooms) caused by negligent and gross negligent acts by Tenant , the Town shall have all rights and remedies available under the laws of the State of New York to collect monies owed or reimbursement for repairs or replacement made necessary due to the damage/destruction caused by Tenant, together with the right to process and impose a mechanics liens on the boat/vessel for unpaid rent, dockage and other services and/or costs incurred by the Town.
REMEDY FOR BREACH OF AGREEMENT. The Parties agree that the party deemed by a court or arbitrator to be the breaching party will pay the party adjudged to be the non-breaching party or Parties its/their costs and reasonable attorneys’ fees in any action before any agency, tribunal, court or forum, to enforce any of this Agreement’s terms or provisions.
REMEDY FOR BREACH OF AGREEMENT. By signing this Agreement, Xx. Xxxxxxxx is providing to the extent provided herein a complete waiver of all claims that may have arisen or exist, whether known or unknown, up until the time that this Agreement is executed. If Xx. Xxxxxxxx breaches this Agreement by filing a claim against CVS with respect to matters released herein, other than a claim to enforce the provisions of this Agreement, the parties agree that such claim shall be dismissed in its entirety and with prejudice, and Xx. Xxxxxxxx agrees to pay all legal fees and costs that CVS may incur to defend and to obtain the dismissal of any such claim. By signing this Agreement, CVS is providing to the extent provided herein a complete waiver of all claims that may have arisen or exist, whether known or unknown, up until the time that this Agreement is executed. If CVS breaches this Agreement by filing a claim against Xx. Xxxxxxxx with respect to matters released herein, other than a claim to enforce the provisions of this Agreement, the parties agree that such claim shall be dismissed in its entirety and with prejudice, and CVS agrees to pay all legal fees and costs that Xx. Xxxxxxxx may incur to defend and to obtain the dismissal of any such claim.
REMEDY FOR BREACH OF AGREEMENT. 11.1 Any remedy for any threatened breach or breach provided for in the Agreement, and any remedy at law or in equity including without limitation damages and/or a temporary restraining order and/or a preliminary or permanent injunction for the purpose of restraining the other party from engaging in prohibited activities or providing such other relief as may be required to specifically enforce the terms of this Agreement, may be pursued in arbitration by or for the benefit of either party or any of their respective Released Parties, and nothing stated herein shall restrict in any way such remedies. KRC shall be entitled, as the prevailing party, to recover the sums paid to Mr. Rosetta provided for in Section 2.1.1, except for the sum of One Hundred Fifty Thousand Dollars ($150,000.00), which sum shall be retained as consideration for the releases herein, and nothing stated herein shall restrict the remedy provided for in Section 2.1.3.
