Common use of Scope of Relief Clause in Contracts

Scope of Relief. The Owner agrees 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 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 liability therefore, Ohio EPA, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property.

Appears in 2 contracts

Samples: Environmental Covenant, Environmental Covenant

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Scope of Relief. The Owner agrees 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 liability 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.

Appears in 2 contracts

Samples: Environmental Covenant, Environmental Covenant

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