Specific Relief Clause Samples
The Specific Relief clause defines the right of a party to demand the actual performance of contractual obligations, rather than accepting monetary compensation for a breach. In practice, this means that if one party fails to fulfill their agreed duties—such as delivering unique goods or performing a service—the other party can seek a court order compelling them to do so. This clause is particularly relevant in situations where damages would not adequately compensate the non-breaching party, such as contracts involving rare items or unique services. Its core function is to ensure that parties receive the precise performance they bargained for, thereby addressing situations where financial remedies are insufficient.
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Specific Relief. The Parties agree that the restrictions outlined in Sections 2, 3, 4 and 5 are reasonable and necessary protections of the immediate interests of 2tor and that 2tor would not have entered into this Agreement without Employee’s agreement thereto. In addition to such other rights and remedies as 2tor may have at equity or in law with respect to any breach of this Agreement, if the Employee commits a material breach of any of the provisions of Sections 2, 3, 4 and 5, 2tor shall have the right and remedy to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to 2tor and that money damages will not provide an adequate remedy to 2tor. In the event that, notwithstanding the foregoing, a restriction or any portion thereof, contained in Section 2, 3, 4 or 5 is deemed to be unreasonable by a court of competent jurisdiction or other appropriate reviewing body, the Employee and 2tor agree that it will not violate the intent of the parties if such court (or other reviewing body) modifies the restriction(s), or portion thereof, in order to make it reasonable and shall be enforceable accordingly.
Specific Relief. Because of the public interest in ensuring that all of the matters described in this Covenant, and the provisions of all applicable laws, are complied with, the public interest strongly favours the award of a prohibitory or mandatory injunction, or an order for specific performance or other specific relief, by the Supreme Court of British Columbia at the instance of the District, in the event of an actual or threatened breach of this Covenant.
Specific Relief. The Owner agrees that the public interest in ensuring that all of the provisions of this Agreement are complied with strongly favours the award of a prohibitory or mandatory injunction, or an order for specific performance or other specific relief, by the Supreme Court of British Columbia at the instance of the City, in the event of an actual or threatened breach of this Agreement.
Specific Relief. In the event of breach by you of any of your obligations under paragraphs 1, 2 or 4.3 of this Agreement, Catcher shall have the right to have such obligation specifically enforced by a court of competent jurisdiction, including, without limitation, the right to entry of restraining orders and injunctions, whether preliminary, mandatory, temporary or permanent, against the violation, threatened or actual, and whether or not continuing, of such obligation, without the necessity of showing any particular injury or damage, and without the posting of any bond or other security, it being acknowledged and agreed that any such breach or threatened breach would cause immediate and irreparable injury to Catcher and that money damages alone would not provide an adequate remedy. In the event that Catcher commences legal action or seeks legal advice to enforce your obligations under paragraphs 1, 2 or 4.3 of this Agreement, and is the prevailing party therein, you shall be responsible for all costs related to such action or advice, including, without limitation, reasonable attorneys' fees.
Specific Relief. The Company agrees that Buyer’s remedy at law for any breach of this Section is inadequate and that in the event of any such breach or violation, Buyer shall be entitled to seek injunctive relief in addition to any other remedy at law, in equity or under this Agreement to which Buyer may be entitled. Without limiting the generality of the preceding sentence, the parties acknowledge and agree that it is impossible to measure in monies all of the damages that would accrue to Buyer by reason of any breach of this Section. The Company agrees not to claim that an adequate remedy at law exists in any action or proceeding that may in the future be commenced by Buyer to enforce such provisions.
Specific Relief. Remedies are Cumulative, No Implied Waiver. Lessor and Lessee shall each be entitled to specific performance, and injunctive or other appropriate equitable relief for any breach or threatened breach of any of the provisions of this Lease Agreement, notwithstanding the availability of an adequate remedy at law, and each party hereby waives the right to raise such defense in any proceeding in equity. The specific remedies provided for in this Lease Agreement are cumulative and are not exclusive of any other remedy. The failure of either party to insist in any one or more cases upon strict performance shall not be construed as a waiver or relinquishment for the future. No acceptance of rents with knowledge of any default shall be deemed a waiver of such default.
Specific Relief. The Parties to this Agreement agree that, to the extent permitted under Applicable Law, the rights and obligations of the Parties under this Agreement shall be subject to the right of specific performance and may be specifically enforced against a defaulting Party.
Specific Relief. In the event of a breach of this Agreement by the Developer, the Developer agrees with the City that because of the public interest in ensuring that all of the matters described in this Agreement, and the provisions of all applicable laws, are complied with, the public interest strongly favours the award of a prohibitory or mandatory injunction, or an order for specific performance or other specific relief, by the Supreme Court of British Columbia at the instance of the City.
Specific Relief. 1. While expressly denying the allegations of the United States, and in full and complete settlement of the claims of the United States for individual relief, the University agrees to offer a maximum total amount of $775,000, plus interest as set forth in Paragraph 2 below ("Total Settlement Sum"), in monetary relief payable to the charging parties. The Total Settlement Sum will be divided among the charging parties as set forth in a letter provided to the University by the United States under separate cover prior to the execution of this Agreement. Of the Total Settlement Sum, $70,000 will be deemed already paid in the form of release by the University of certain debts to the University up to the amount of $70,000 ("debt extinguishment amount"). In order to accept any of the relief to be offered to him or her by the University under this Agreement, each charging party must execute and return a release, according to the provisions in Paragraph 3, in the form set forth in Appendix A. Should any charging party fail to timely execute and return the release, the amount that was allocated to that charging party will be deducted from the Total Settlement Sum and will be retained by the University. The United States will not further seek relief on behalf of that charging party.
2. The Total Settlement Sum will be allocated and paid in portions to each charging party (who executes the release within the time frame permitted by this Agreement) according to a schedule that has been confirmed in writing by the United States to the University under separate cover prior to the execution of this Agreement. The University will make four disbursements to a registered bank escrow account of the Total Settlement Sum, according to the following timeline of dates ("disbursement dates"): distribution of $170,000 (inclusive of the debt extinguishment amount) will be paid to the charging parties within sixty (60) days from the entry of the Agreement by the Court, consistent with the provisions of Paragraph 3; distribution of $201,667 will be paid by October 31, 2003; distribution of $213,904 will be paid by October 31, 2004; and distribution of $207,784 will be paid by October 31, 2005. The disbursement amounts and schedule detailed herein include interest at the rate of 3%, compounded quarterly, beginning to accrue as of November 1, 2003 on any and all outstanding payment amounts.
3. Within fifteen (15) days after the date of entry by the Court of this Agreement, the United Sta...
Specific Relief. 7. Respondent shall pay a monetary sum equivalent to in the amount of two thousand, five hundred dollars ($2,500) to Complainants as a good faith means of resolving this matter. Said monetary sum shall be arrived at by the mutual calculation and agreement by Respondent and Complainants Attorney of the amount of rent underpaid by Complainants, such sum shall be deducted from the $2,500 to be paid by Respondent to Complainants. The remaining monetary sum shall be disbursed to Complainants through their attorneys, New Hampshire Legal Assistance within thirty days of this calculation.
8. Respondent agrees to pay five hundred dollars ($500.00) in attorney fees to Complainants’ attorneys, New Hampshire Legal Assistance, within thirty days of execution of this Agreement.
9. Upon reasonable request by Respondent, New Hampshire Legal Assistance agrees to provide training on LEP obligations to Respondent.
10. Subject to the Respondent performance of the above provisions, the Complainants shall withdraw the discrimination complaints filed with the U.S. Department of Housing and Urban Development docket numbers Case Nos. 01-06-00526-8 and 01-06-0062-6.