Common use of Rights Upon Breach Clause in Contracts

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. 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.