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.
Appears in 8 contracts
Samples: Employment Agreement, Employment Agreement (Santander Consumer USA Holdings Inc.), Employment Agreement (Santander Consumer USA Holdings Inc.)