Rights Upon Breach. If Executive breaches, any of the provisions contained in Section 5 of this Agreement (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the others and severally enforceable, and each of which is in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:
Rights Upon Breach. For breach of any provision of this Release, the ------------------ parties will have such remedies and rights as are customarily available at law or in equity, except that, in any action or proceeding brought to enforce this Release or to recover damages for its breach, the prevailing party will be entitled to recover, should it substantially prevail in the matter, reasonable attorneys' fees and litigation expenses. In the event you, or any party acting on your behalf, breach this Release, Blockbuster's obligations imposed herein will be extinguished and Blockbuster will not be obligated to continue performance under this Release. In such a case, you will be required to re-pay Blockbuster all consideration received pursuant to this Release and this Release will act as a complete and total bar to any recovery.
Rights Upon Breach. For breach of any provision of this Release, the parties will have such rights and remedies as are customarily available at law or in equity, except that, in ay action or proceeding brought to enforce this Release or to recover damages for its breach, the prevailing party will be entitled to recover, should it substantially prevail in the matter, reasonable attorneys’ fees and litigation expenses. In the event you, or any party acting on your behalf, breach this Release, SCU’s obligations imposed herein will be extinguished and SCU will not be obligated to continue performance under this Release. In such case, you will be required to re-pay SCU all consideration received pursuant to this Release and this Release will act as a complete and total bar to any recovery.
Rights Upon Breach. For breach of any provision of this Release, the parties will have such remedies and rights as are customarily available at law or in equity, except that, in any action or proceeding brought to enforce this Release or to recover damages for its breach, the prevailing party will be entitled to recover, should it substantially prevail in the matter, reasonable attorneys’ fees and litigation expenses (other than in a proceeding brought by you challenging the validity of this General Release under the Older Workers Benefit Protection Act). In the event you, or any party acting on your behalf, breach this Release (other than through a challenge to its validity under the Older Workers Benefit Protection Act), Blockbuster’s obligations imposed herein will be extinguished and Blockbuster will not be obligated to continue performance under this Release. In such a case, you will be required to re-pay Blockbuster all consideration received pursuant to this Release and this Release will act as a complete and total bar to any recovery.
Rights Upon Breach. Any right or remedy conferred by this Agreement on any Party for breach of this Agreement by the other Party (including without limitation the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach.
Rights Upon Breach. For breach of this Agreement, the parties hereto will have such rights and remedies as are customarily available at law or in equity, subject to Section 13 and Section 14 below. In any dispute concerning this Agreement, the party hereto that substantially prevails will be entitled to prompt payment (or reimbursement) of any and all costs and expenses (including any attorney fees) that it reasonably incurred in connection with such dispute.
Rights Upon Breach. Executive recognizes that the services to be rendered by him hereunder are of a special, unique, unusual, extraordinary and intellectual character involving skill of the highest order and giving them peculiar value, the loss of which cannot be adequately compensated for in damages. In the event of a breach of this Agreement by Executive, the Company shall be entitled to injunctive relief, without the obligation of posting a bond, or any other legal or equitable remedies. The remedies provided in this Agreement shall be deemed cumulative and the exercise of one shall not preclude the exercise of any other remedy at law or in equity for the same event or any other event.
Rights Upon Breach. In the event that Executive breaches any provision of this Severance Agreement and/or any surviving section of the Employment Agreement, the Company’s obligations to continue making payments under Section 3 above shall cease.
Rights Upon Breach. In the event one Party refuses further participation under the Agreement or is in breach of its obligations under this Agreement, the remaining Parties may elect to operate the Program on such terms as they may mutually agree upon. The remaining rights and duties upon the breach will be determined in accordance with Sections 25 through 27 of this Agreement.
Rights Upon Breach. The parties agree that in the event of any breach by Recipient of any of the covenants set forth in this Agreement, Disclosing Party shall have the right, in addition to other remedies provided by applicable law, to apply to a court of competent jurisdiction for the entry of an immediate order to restrain or enjoin said breach and to specifically enforce the provisions of this Agreement.
