Common use of Special Remedies Clause in Contracts

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients as a result of a breach by Yankees of the covenants or agreements contained in this Article Three, and in view of the lack of an adequate remedy at law to protect the Client's interests, Yankees hereby covenants and agrees that the Client shall have the following additional rights and remedies in the event of a breach hereof: (A) Yankees hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article Three; and (B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients may sustain prior to the effective enforcement of such injunction, Yankees hereby covenants and agrees to pay over to the Client, in the event it violates the covenants and agreements contained in this Article Three, the greater of: (1) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2) The sum of One Thousand Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client for any breach of the covenants and agreements contained in this Article Three, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients from the injury caused by such breaches would be injunctive relief.

Appears in 3 contracts

Samples: Strategic Consulting Agreement (Colmena Corp), Strategic Consulting Agreement (Colmena Corp), Strategic Consulting Agreement (Amerinet Group Com Inc)

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Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients as a result of a breach by Yankees of the covenants or agreements contained in this Article Three, and in view of the lack of an adequate remedy at law to protect the Client's interests, Yankees hereby covenants and agrees that the Client shall have the following additional rights and remedies in the event of a breach hereof: (A) Yankees hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article Three; and (B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients may sustain prior to the effective enforcement of such injunction, Yankees hereby covenants and agrees to pay over to the Client, in the event it violates the covenants and agreements contained in this Article Three, the greater of: (1) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2) The sum of One Thousand Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client for any breach of the covenants and agreements contained in this Article Three, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients from the injury caused by such breaches would be injunctive relief.

Appears in 3 contracts

Samples: Consulting Agreement (Colmena Corp), Consulting Agreement (Equity Growth Systems Inc /De/), Consulting Agreement (Amerinet Group Com Inc)

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients Yankees as a result of a breach by Yankees the Client of the covenants or agreements contained in this Article ThreeFour, and in view of the lack of an adequate remedy at law to protect the ClientYankees's interests, Yankees the Client hereby covenants and agrees that the Client Yankees shall have the following additional rights and remedies in the event of a breach hereof: (A) Yankees The Client hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article ThreeFour is; and (B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients Yankees may sustain prior to the effective enforcement of such injunction, Yankees the Client hereby covenants and agrees to pay over to the ClientYankees, in the event it violates the covenants and agreements contained in this Article ThreeFour, the greater of: (1) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2) The sum of One Thousand Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients Yankees as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client Yankees for any breach of the covenants and agreements contained in this Article ThreeFour, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients Yankees from the injury caused by such breaches would be injunctive relief.

Appears in 3 contracts

Samples: Strategic Consulting Agreement (Colmena Corp), Strategic Consulting Agreement (Colmena Corp), Strategic Consulting Agreement (Amerinet Group Com Inc)

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients Yankees as a result of a breach by Yankees Client of the covenants or agreements contained in this Article ThreeFour, and in view of the lack of an adequate remedy at law to protect the ClientYankees's interests, Yankees Client hereby covenants and agrees that the Client Yankees shall have the following additional rights and remedies in the event of a breach hereof: (A) Yankees Client hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article Three; Four is and (B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients Yankees may sustain prior to the effective enforcement of such injunction, Yankees Client hereby covenants and agrees to pay over to the ClientYankees, in the event it violates the covenants and agreements contained in this Article ThreeFour, the greater of: (1) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2) The sum of One Thousand Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients Yankees as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client Yankees for any breach of the covenants and agreements contained in this Article ThreeFour, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients Yankees from the injury caused by such breaches would be injunctive relief.

Appears in 2 contracts

Samples: Consulting Agreement (Equity Growth Systems Inc /De/), Consulting Agreement (Amerinet Group Com Inc)

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients Company as a result of a breach by Yankees the Consultant of the covenants or agreements contained in this Article ThreeFour, and in view of the lack of an adequate remedy at law to protect the ClientCompany's interests, Yankees the Consultant hereby covenants and agrees that the Client Company shall have the following additional rights and remedies in the event of a breach hereof: (Aa) Yankees The Consultant hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article ThreeSection 4.1 hereof; and (Bb) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients Company may sustain prior to the effective enforcement of such injunction, Yankees the Consultant hereby covenants and agrees to pay over to the ClientCompany, in the event it violates the covenants and agreements contained in this Article ThreeSection 4.3 hereof, the greater of: (1i) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2ii) The sum of One Thousand Dollars ($1,000.00) per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients Company as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client Company for any breach of the covenants and agreements contained in this Article ThreeFour, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients Company from the injury caused by such breaches would be injunctive relief.

Appears in 2 contracts

Samples: Consulting Agreement (Turbine Truck Engines Inc), Consulting Agreement (Turbine Truck Engines Inc)

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients Yankees as a result of a breach by Yankees the Client of the covenants or agreements contained in this Article ThreeSection 4.4, and in view of the lack of an adequate remedy at law to protect the ClientYankees's interests, Yankees the Client hereby covenants and agrees that the Client shall Yankees will have the following additional rights and remedies in the event of a breach hereof: (A1) Yankees The Client hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article Three; Section 4.4 is and (B2) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients Yankees may sustain prior to the effective enforcement of such injunction, Yankees the Client hereby covenants and agrees to pay over to the ClientYankees, in the event it violates the covenants and agreements contained in this Article ThreeSection 4.4, the greater of: (1a) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2b) The sum of One Thousand Dollars per violation, which sum shall will be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients Yankees as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client Yankees for any breach of the covenants and agreements contained in this Article ThreeSection 4.4, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients Yankees from the injury caused by such breaches would be injunctive relief.

Appears in 1 contract

Samples: Consulting Agreement (Amerinet Group Com Inc)

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients as a result of a breach by Yankees Equity of the covenants or agreements contained in this Article Three, and in view of the lack of an adequate remedy at law to protect the Client's interests, Yankees Equity hereby covenants and agrees that the Client shall have the following additional rights and remedies in the event of a breach hereof: (A) Yankees Equity hereby consents to the issuance of a permanent injunction enjoining it from any violations xxxxx- tions of the covenants set forth in this Article Three; and (B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients may sustain prior to the effective enforcement of such injunction, Yankees Equity hereby covenants and agrees to pay over to the Client, in the event it violates the covenants and agreements contained in this Article Three, the greater of: (1) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2) The sum of One Thousand Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client for any breach of the covenants and agreements contained in this Article Three, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients from the injury caused by such breaches would be injunctive relief.

Appears in 1 contract

Samples: Consulting Agreement (Equity Growth Systems Inc /De/)

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients as a result of a breach by Yankees Equity of the covenants or agreements contained in this Article Three, and in view of the lack of an adequate remedy at law to protect the Client's interests, Yankees Equity hereby covenants and agrees that the Client shall have the following additional rights and remedies in the event of a breach hereof: (A) Yankees Equity hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article Three; and (B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients may sustain prior to the effective enforcement of such injunction, Yankees Equity hereby covenants and agrees to pay over to the Client, in the event it violates the covenants and agreements contained in this Article Three, the greater of: (1) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2) The sum of One Thousand Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client for any breach of the covenants and agreements contained in this Article Three, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients from the injury caused by such breaches would be injunctive relief.

Appears in 1 contract

Samples: Consulting Agreement (Funds America Finance Corp)

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Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients Company as a result of a breach by Yankees the Consultant of the covenants or agreements contained in this Article ThreeFour, and in view of the lack of an adequate remedy at law to protect the ClientCompany's interests, Yankees the Consultant hereby covenants and agrees that the Client Company shall have the following additional rights and remedies in the event of a breach hereof: (Aa) Yankees The Consultant hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article ThreeSection 4.1 hereof; and (Bb) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients Company may sustain prior to the effective enforcement of such injunction, Yankees the Consultant hereby covenants and agrees to pay over to the ClientCompany, in the event it he violates the covenants and agreements contained in this Article ThreeSection 4.3 hereof, the greater of: (1i) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2ii) The sum of One Thousand Dollars ($1,000.00) per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients Company as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client Company for any breach of the covenants and agreements contained in this Article ThreeFour, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients Company from the injury caused by such breaches would be injunctive relief.

Appears in 1 contract

Samples: Financial Consulting Agreement (Turbine Truck Engines Inc)

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients Yankees as a result of a breach by Yankees the Client of the covenants or agreements contained in this Article ThreeFour, and in view of the lack of an adequate remedy at law to protect the ClientYankees's interests, Yankees the Client hereby covenants and agrees that the Client Yankees shall have the following additional rights and remedies in the event of a breach hereof: (A) Yankees The Client hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article Three; Four is and (B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients Yankees may sustain prior to the effective enforcement of such injunction, Yankees the Client hereby covenants and agrees to pay over to the ClientYankees, in the event it violates the covenants and agreements contained in this Article ThreeFour, the greater of: (1) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2) The sum of One Thousand Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients Yankees as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client Yankees for any breach of the covenants and agreements contained in this Article ThreeFour, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients Yankees from the injury caused by such breaches would be injunctive relief.

Appears in 1 contract

Samples: Consulting Agreement (Funds America Finance Corp)

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients as a result of a breach by Yankees Qest Consulting of the covenants or agreements contained in this Article Three, Three and in view of the lack of an adequate remedy at law to protect the Client's ’s interests, Yankees Qest Consulting hereby covenants and agrees that the Client shall have the following additional rights and remedies in the event of a breach hereof: (A) Yankees Qest Consulting hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article Three; and (B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients may sustain prior to the effective enforcement of such injunction, Yankees Qest Consulting hereby covenants and agrees to pay over to the Client, in the event it violates the covenants and agreements contained in this Article Three, the greater of: (1) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2) The sum of One Thousand Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client for any breach of the covenants and agreements contained in this Article Three, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients from the injury caused by such breaches would be injunctive relief.

Appears in 1 contract

Samples: Retainer & Consulting Agreement

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients Qest Consulting as a result of a breach by Yankees the Client of the covenants or agreements contained in this Article Three, Four and in view of the lack of an adequate remedy at law to protect the Client's Qest Consulting’s interests, Yankees the Client hereby covenants and agrees that the Client Qest Consulting shall have the following additional rights and remedies in the event of a breach hereof: (A) Yankees The Client hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article ThreeFour; and (B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients Qest Consulting may sustain prior to the effective enforcement of such injunction, Yankees the Client hereby covenants and agrees to pay over to the ClientQest Consulting, in the event it violates the covenants and agreements contained in this Article ThreeFour, the greater of: (1) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2) The sum of One Thousand Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients Qest Consulting as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client Qest Consulting for any breach of the covenants and agreements contained in this Article ThreeFour, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients Qest Consulting from the injury caused by such breaches would be injunctive relief.

Appears in 1 contract

Samples: Retainer & Consulting Agreement

Special Remedies. In view of the irreparable harm and damage which would undoubtedly occur to the Client and its clients as a result of a breach by Yankees of the covenants or agreements contained in this Article Three, and in view of the lack of an adequate remedy at law to protect the The Client's interests, Yankees hereby covenants and agrees that the Client shall have the following additional rights and remedies in the event of a breach hereof: (A) Yankees hereby consents to the issuance of a permanent injunction enjoining it from any violations of the covenants set forth in this Article Three; and (B) Because it is impossible to ascertain or estimate the entire or exact cost, damage or injury which the Client or its clients may sustain prior to the effective enforcement of such injunction, Yankees hereby covenants and agrees to pay over to the Client, in the event it violates the covenants and agreements contained in this Article Three, the greater of: (1) Any payment or compensation of any kind received by it because of such violation before the issuance of such injunction, or (2) The sum of One Thousand Dollars per violation, which sum shall be liquidated damages, and not a penalty, for the injuries suffered by the Client or its clients as a result of such violation, the Parties hereto agreeing that such liquidated damages are not intended as the exclusive remedy available to the Client for any breach of the covenants and agreements contained in this Article Three, prior to the issuance of such injunction, the Parties recognizing that the only adequate remedy to protect the Client and its clients from the injury caused by such breaches would be injunctive relief.

Appears in 1 contract

Samples: Consulting Agreement (Funds America Finance Corp)

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