Common use of Specific Performance; Survival Clause in Contracts

Specific Performance; Survival. (a) Executive acknowledges and agrees that the Company’s remedies at law for a breach or threatened breach of any of the provisions of this Appendix A would be inadequate and the Company would suffer irreparable damages as a result of such breach or threatened breach. In recognition of this fact, Executive agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to suspend making any payments or providing any benefit otherwise required by this Agreement and obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available. (b) The provisions of this Appendix A shall survive the termination of Executive’s employment for any reason.

Appears in 3 contracts

Samples: Management Unit Subscription Agreement, Management Unit Subscription Agreement (Apria Healthcare Group Inc), Management Unit Subscription Agreement (Ahny-Iv LLC)

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Specific Performance; Survival. (a) Executive acknowledges and agrees that the Company’s remedies at law for a breach or threatened breach of any of the provisions of this Appendix A would be inadequate and the Company would suffer irreparable damages as a result of such breach or threatened breach. In recognition of this fact, Executive agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to suspend making any payments or providing any benefit otherwise required by this Agreement and obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available. (b) The provisions of this Appendix A shall survive the termination of Executive’s employment Employment for any reason.

Appears in 1 contract

Samples: Management Interest Subscription Agreement (Summit Materials, LLC)

Specific Performance; Survival. (a) Executive Participant acknowledges and agrees that the Company’s remedies at law for a breach or threatened breach of any of the provisions of this Appendix A would be inadequate and the Company would suffer irreparable damages as a result of such breach or threatened breach. In recognition of this fact, Executive Participant agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to suspend making any payments or providing any benefit otherwise required by this Agreement and obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available. (b) The provisions of this Appendix A shall survive the termination of ExecutiveParticipant’s employment Employment for any reason.

Appears in 1 contract

Samples: Restricted Lp Unit Agreement (Summit Materials, Inc.)

Specific Performance; Survival. (a) Executive Individual acknowledges and agrees that the Company’s remedies at law for a breach or threatened breach of any of the provisions of this Appendix A would be inadequate and the Company would suffer irreparable damages as a result of such breach or threatened breach. In recognition of this fact, Executive Individual agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to suspend making any payments or providing any benefit otherwise required by this Agreement and obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available. (b) The provisions of this Appendix A shall survive the termination of Executive’s employment for any reason.

Appears in 1 contract

Samples: Management Unit Subscription Agreement (Apria Healthcare Group Inc)

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Specific Performance; Survival. (a) Executive Director acknowledges and agrees that the Company’s remedies at law for a breach or threatened breach of any of the provisions of this Appendix A would be inadequate and the Company would suffer irreparable damages as a result of such breach or threatened breach. In recognition of this fact, Executive Director agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to suspend making any payments or providing any benefit otherwise required by this Agreement and obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available. (b) The provisions of this Appendix A shall survive the termination of ExecutiveDirector’s employment for any reason.

Appears in 1 contract

Samples: Management Unit Subscription Agreement (Apria Healthcare Group Inc)

Specific Performance; Survival. (a) Executive Participant acknowledges and agrees that the Company’s remedies at law for a breach or threatened breach of any of the provisions of this Appendix A would be inadequate and the Company would suffer irreparable damages as a result of such breach or threatened breach. In recognition of this fact, Executive Participant agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to suspend making any payments or providing any benefit otherwise required by this Agreement the Participation Terms and obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction injunction, or any other equitable remedy which may then be available. (b) The provisions of this Appendix A shall survive the termination of ExecutiveParticipant’s employment Employment for any reason.

Appears in 1 contract

Samples: Executive Severance Plan (Summit Materials, LLC)

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