Remedy Upon Breach. In the event this Agreement is terminated by Seller pursuant to Section 12.1(4) due to a breach by Buyer, Seller’s sole and exclusive remedy shall be to retain the Exxxxxx Money Deposit. In the event this Agreement is terminated by Buyer pursuant to Section 12.1(4) due to a breach by Seller, Buyer’s sole and exclusive remedy shall be its direct monetary damages actually incurred, subject to an aggregate maximum sum of one million five hundred thousand dollars.
Remedy Upon Breach. Subject to the limitations in this Article, Article 9, Section 15.2 and as otherwise provided in this Agreement, nothing in this Article shall be construed to limit the right of any Party to seek any remedies for a breach specified in this Agreement by the other Party of its obligations hereunder, whether or not such breach results in a termination of this Agreement under this Article and whether or not such breach is cured after the times set forth for such cure in Section 7.2, or during any period during which the non-breaching Party elects not to exercise its right to terminate this Agreement. The non-defaulting Party may take whatever action in law or in equity as may be necessary or desirable to enforce performance and observance of any obligations or covenants under this Agreement, and the rights given hereunder shall be in addition to all other remedies available to the Parties, either in law, at equity or otherwise, for the breach of this Agreement. Seller expressly agrees that at any time after the occurrence of an Event of Default, Narragansett may exercise any rights it may have pursuant to the Article 7.4 (Security). Subject to the limitations in Article 9 and Section 15.2, the fact that a Party has cured an Event of Default within the period provided therefor in this Article shall not release such defaulting Party from its liability to indemnify, save harmless and defend the non-defaulting Party for any claims, demands, suits, losses, liabilities, damages, obligations, payments, costs and expenses (including the costs and expenses of any and all actions, suits, proceedings, assessments, judgments, settlements and compromises relating thereto and reasonable attorneys' fees and reasonable disbursements in connection therewith) relating to, arising out of or resulting from such Event of Default or any failure to observe or perform any covenant or obligation under this Agreement.
Remedy Upon Breach. The Parties agree that the damages that would flow from a breach of paragraph 2 above are not readily ascertainable. Therefore, in the event of a breach by Provider of paragraph 1 specific to UHS exclusive clients, UHS may either (1) be awarded $50,000.xx liquidated damages (“Liquidated Damages”) from Provider or (2) seek injunctive relief to stop the breach. The Parties agree that the Liquidated Damages is UHS’ sole remedy at law for damages against Provider for breach of paragraph 2 above. The Parties agree that Liquidated Damages are not grossly disproportionate to the damages reasonably expected to flow from Provider’s breach of this section and is only intended to induce full performance by Provider. If UHS chooses, in its sole discretion, to seek injunctive relief instead of Liquidated Damages, Provider further agrees that UHS shall be entitled to an appropriate temporary and permanent injunction to restrain Provider from further breach of paragraph 2 above. Parties agree that damage related to referred UHS client will include nonpayment for services rendered to subcontract and if UHS chooses, in its sole discretion, to seek injunctive relief and or liquidated damages.
Remedy Upon Breach. Upon the occurrence of any breach and at any time thereafter, Awardee may give written notice of the event of breach to the Transporter and Awardee shall have the right to exercise and enforce any and all the rights or remedies available to Awardee under the law.
Remedy Upon Breach a. In the event Xx. Xxxxxxx breaches this Agreement, including a breach of the Confidentiality, Non-Disparagement, Cooperation and/or restrictive covenant provisions, she will have forfeited her right to any further payments under paragraph 2. and Body Central may immediately cease any further payments under those provisions. Body Central may also demand immediate reimbursement from Xx. Xxxxxxx of any payments already made under paragraph 2, less $100, and Xx. Xxxxxxx will be obligated to reimburse Body Central for these payments within 10 business days of receiving Body Central’s written demand. Xx. Xxxxxxx will be permitted to retain $100 of any money already paid to her under paragraph 2 of this Agreement in consideration for, and to enforce the remaining provisions of this Agreement including her waiver and release.
b. As a condition precedent to any legal action for breach of this Agreement, or to interpret or enforce this Agreement, the party intending such an action shall give prior notice to the other party in writing and the parties shall jointly submit the dispute to voluntary mediation before a mediator. The parties will jointly agree to a mediator within 5 business days of the date of the written notification, and the parties will agree to a mediation date to take place within 30 days of the date of the written notification, unless the parties jointly agree to an extension. As an exception to this provision, a party may seek an immediate temporary injunction in court to preserve the status quo or to prevent irreparable harm without first complying with this condition precedent.
Remedy Upon Breach. Should either party hereto breach any of its obligations hereunder and fail to cure such default within thirty (30) days after written notice of the breach given by the other party, then such other party may terminate this Agreement and pursue such other remedies as may be available at law. Termination of the Agreement because of breach by the Licensee shall not entitle Licensee to a refund of any portion of prior fees paid, such amount having been determined by the parties to be reasonable liquidated damages to be retained by the County.
