Special Remedies for Breach Sample Clauses

Special Remedies for Breach. Should any party default in any way under this agreement or be in breach of its terms in any other way, and fail to remedy such default or breach within 14 days after receiving a written demand that it be remedied, the aggrieved party shall be entitled, without prejudice to any alternative or additional right of action or remedy available to it under the circumstances without further notice, to cancel this agreement with immediate effect, and recover from the defaulting party damages for the default or breach and the cancellation of this agreement.
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Special Remedies for Breach. (a) In accordance with Section 5(a) and (b) of the Investor Rights Agreement, if (i) Xxxxxxxxx materially breaches the terms of this Agreement (including Section 5 or this Section 6 hereof), or materially breaches the terms of any Ancillary Agreement; or (ii) Xxxxxxxxx’ employment is terminated by the Company for Cause, then the Company (or its designee) shall have the right, but not the obligation, to repurchase all or any portion of the shares of common stock of the Company held by Xxxxxxxxx (including any shares of the Company’s common stock received upon a distribution from any deferred compensation plan or any common stock issuable upon exercise of any options held by Xxxxxxxxx) for 85% of the Fair Market Value (as that term is defined in the Investor Rights Agreement). The determination date for purposes of determining the Fair Market Value shall be the closing date of the purchase of the applicable shares. The closing date of the purchase pursuant to this Section 7(a) shall take place on a date designated by the Company (or its designee), as applicable, in accordance with the provisions of the Investor Rights Agreement. The Company (or its designee) shall have the right to record the transfer of the shares of common stock in connection with such purchase on its books and records without the consent of Xxxxxxxxx.
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Special Remedies for Breach. (a) AVEO Remedy for Breach by Biogen Idec. Without limiting any other legal or equitable remedies that AVEO may have, in the event of any material breach of the Agreement by Biogen Idec that occurs during the Option Exercise Period, that has not been cured by Biogen Idec in accordance with the provisions of Section 14.3 and in respect of which AVEO elects, in accordance with the provisions of Section 14.3, to pursue its remedies under this Section 14.5(a), the Option shall immediately terminate, and Biogen Idec shall have no further right to exercise the Option. Without limiting any other legal or equitable remedies that AVEO may have, in the event of any material breach of the Agreement by Biogen Idec that occurs during the License Term, that has not been cured by Biogen Idec in accordance with the provisions of Section 14.3 and in respect of which AVEO elects, in accordance with the provisions of Section 14.3, to pursue its remedies under this Section 14.5(a), this Agreement shall continue in full force and effect subject to the automatic modification thereof as follows:
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Special Remedies for Breach 
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Related to Special Remedies for Breach

  • Remedies for Breach It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law:

  • Remedies for Breach of Restrictive Covenants Executive has reviewed the provisions of this Agreement with legal counsel, or has been given adequate opportunity to seek such counsel, and Executive acknowledges and expressly agrees that the covenants contained in this Section 8 are reasonable with respect to their duration, geographical area and scope. Executive further acknowledges that the restrictions contained in this Section 8 are reasonable and necessary for the protection of the legitimate business interests of the Employer, that they create no undue hardships, that any violation of these restrictions would cause substantial injury to the Employer and such interests, and that such restrictions were a material inducement to the Employer to enter into this Agreement. In the event of any violation or threatened violation of these restrictions, the Employer, in addition to and not in limitation of, any other rights, remedies or damages available to the Employer under this Agreement or otherwise at law or in equity, shall be entitled to preliminary and permanent injunctive relief to prevent or restrain any such violation by Executive and any and all persons directly or indirectly acting for or with her, as the case may be.

  • Remedies for Breaches of This Agreement 20 (a) Survival of Representations and Warranties 20

  • REPRESENTATIONS AND WARRANTIES; REMEDIES FOR BREACH Section 3.01 Seller Representations and Warranties Relating to the Mortgage Loans.

  • Representations Warranties and Covenants Remedies for Breach Subsection 7.01 Representations and Warranties Regarding Individual Mortgage Loans.

  • Representations Warranties and Covenants of the Seller Remedies for Breach Section 9.01 Representations and Warranties Regarding the Seller........... Section 9.02 Representations and Warranties Regarding Individual Mortgage Loans............................................... Section 9.03

  • Remedy for Breach The Executive agrees that in the event of a material breach or threatened material breach of any of the covenants contained in this Paragraph 6, the Company will have the right and remedy to have such covenants specifically enforced by any court having jurisdiction, it being acknowledged and agreed that any material breach of any of the covenants will cause irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company.

  • Liabilities for Breach of Agreement 9.1 In the event any Party failed to perform any of its obligations under this Agreement, or made any untrue or inaccurate representations or warranties, such Party shall be liable for all the losses of other Parties for breach of the Agreement. This Article 9 shall not influence any other right of Party A under this Agreement.

  • No Waiver of Provisional Remedies, Self-Help and Foreclosure The arbitration requirement does not limit the right of any party to (i) foreclose against real or personal property collateral; (ii) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (i), (ii) and (iii) of this paragraph.

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