Scope of Relief. The Owner and Holder agree that Ohio EPA may be entitled to the injunctive relief described in this section in addition to such other relief to which Ohio EPA may be entitled, including specific performance of the terms of this Covenant, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Ohio EPA’s remedies described in this Covenant shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Damages. Where injunctive relief or specific performance does not sufficiently repair or restore Conservation Values damaged or diminished by a violation of this Covenant, Ohio EPA shall be entitled to recover damages from the Owner and the Holder for violation of the terms of this Covenant or for injury to any Conservation Values protected by this Covenant, including, without limitation, damages for adverse impacts to water quality or aquatic ecosystems. Without limiting the Owner’s and the Holder’s respective liabilities therefore, Ohio EPA, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property.
Scope of Relief. Grantor agrees that the remedies at law for Grantee for any violation of the terms of this Conservation Easement are inadequate and that the Grantee may be entitled to the injunctive relief described in this section, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies of Grantee described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.
Scope of Relief. The arbitrator(s) shall have full authority to award the remedies expressly set forth in this Agreement, and in addition, to award injunctive or other equitable relief, specific performance, and actual damages and costs and expenses of the parties.
Scope of Relief. Grantee’s rights under this Paragraph 5 apply equally in the event of either actual or threatened violations of the terms of this Agreement. Grantor agrees that Grantee shall be entitled to the injunctive relief described in Paragraph 5(b) hereof, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Agreement. The remedies described in this Paragraph 5 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.
Scope of Relief. Grantee's rights under this Section 6 apply equally in the event of either actual or threatened violations of the terms of this Easement. Grantors agree that Grantee's remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in Section 6.2, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this Section 6 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.
Scope of Relief. The obligations of KBS under Sections 5 and 6 of this Agreement that survive the Closing of the Exchange are material to the protection of the Monument. The parties expressly agree that the Monument, by virtue of its protected features, is unique and that a violation or failure to perform under Sections 5 or 6 and any ensuing harm or alteration of the Monument may result in damages that are irremediable and not subject to quantification. Accordingly, KBS and CNLV agree that NPS's remedies at law for any violation or failure to perform under Sections 5 and 6 are inadequate and that NPS shall be entitled to injunctive relief, in addition to such other relief to which NPS may be entitled, including specific performance of the terms of Sections 5 and 6, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The provisions of this Section 15 shall survive the Closing of the Exchange.
Scope of Relief. The rights under this Article IV.B. apply equally in the 340 event of either actual or threatened violations of the terms of this Agreement. 341 The remedies described in this Article IV.B. shall be cumulative and shall be in 342 addition to all remedies now or hereafter existing at law or in equity. 343
Scope of Relief. COUNTY's rights under this Paragraph shall apply equally to threatened as well as actual violations of the terms of this Conservation Easement, and CITY agrees that COUNTY's remedies at law for any violation of the terms hereof are inadequate and that COUNTY shall be entitled to the injunctive relief described in this Paragraph, both prohibitive and mandatory, in addition to such other relief to which COUNTY may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. COUNTY's remedies described in this Paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Furthermore, the provisions of California Civil Code Section 815 et seq., are incorporated herein by this reference and this Conservation Easement is made subject to all of the rights and remedies set forth therein. COUNTY retains the discretion to choose the appropriate method to enforce the provisions of this Conservation Easement, and shall not be required to exhaust the provisions of one subsection hereof in order to be entitled to the benefits of another.
