Injunction The Executive agrees that it would be difficult to measure any damages caused to the Company which might result from any breach by the Executive of the promises set forth in this Section 7, and that in any event money damages would be an inadequate remedy for any such breach. Accordingly, subject to Section 8 of this Agreement, the Executive agrees that if the Executive breaches, or proposes to breach, any portion of this Agreement, the Company shall be entitled, in addition to all other remedies that it may have, to an injunction or other appropriate equitable relief to restrain any such breach without showing or proving any actual damage to the Company.
Right to Injunction Executive acknowledges that a breach of the covenants set forth in Section 10 hereof will cause irreparable damage to the Company with respect to which the Company’s remedy at law for damages will be inadequate. Therefore, in the event of breach or anticipatory breach of the covenants set forth in this section by Executive, Executive and the Company agree that the Company shall be entitled to seek the following particular forms of relief, in addition to remedies otherwise available to it at law or equity: (A) injunctions, both preliminary and permanent, enjoining or restraining such breach or anticipatory breach and Executive hereby consents to the issuance thereof forthwith and without bond by any court of competent jurisdiction; and (B) recovery of all reasonable sums as determined by a court of competent jurisdiction expended and costs, including reasonable attorney’s fees, incurred by the Company to enforce the covenants set forth in this section.
Preliminary 1. Short title
No Injunction No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby, which prohibits the consummation of any of the transactions contemplated by this Agreement or the Warrant Agreement.
Stipulation The undersigned stipulates and agrees to the above findings fact and conclusions of law and waives its rights to administrative hearing and judicial review of the Commissioner’s Order.
No Injunction, Etc No action, proceeding, investigation, regulation or legislation shall have been instituted, threatened or proposed before any Governmental Authority to enjoin, restrain, or prohibit, or to obtain substantial damages in respect of, or which is related to or arises out of this Agreement or the other Loan Documents or the consummation of the transactions contemplated hereby or thereby, or which, in the Administrative Agent’s sole discretion, would make it inadvisable to consummate the transactions contemplated by this Agreement or the other Loan Documents or the consummation of the transactions contemplated hereby or thereby.
No Injunctions No Governmental Entity of competent jurisdiction shall have enacted, issued, promulgated, enforced or entered any order, executive order, stay, decree, judgment or injunction (preliminary or permanent) or statute, rule or regulation which is in effect and which has the effect of making the Merger illegal or otherwise prohibiting consummation of the Merger or the other transactions contemplated by this Agreement.
Preliminary Examination 24.1 The Purchaser will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the bids are generally in order. 24.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected. If the Supplier does not accept the correction of the errors, its bid will be rejected, and its bid security may be forfeited. If there is a discrepancy between words and figures, the amount in words will prevail. 24.3 The Purchaser may waive any minor informality, nonconformity, or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder. 24.4 Prior to the detailed evaluation, pursuant to ITB Clause 25 the Purchaser will determine the substantial responsiveness of each bid to the bidding documents. For purposes of these Clauses, a substantially responsive bid is one which conforms to all the terms and conditions of the bidding documents without material deviations. Deviations from, or objections or reservations to critical provisions, such as those concerning Bid Security (ITB Clause 15), Applicable Law (GCC Clause 30), and Taxes and Duties (GCC Clause 32), will be deemed to be a material deviation. The Purchaser’s determination of a bid’s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.
Stipulated Facts For purposes of this Agreement only, the following constitutes a summary of facts by the EPA and SCDHEC upon which this Agreement is based. A. The DOE owns and operates the SRS. The SRS produces plutonium, tritium, and other special nuclear materials for national defense, for other governmental uses, and for civilian uses. The SRS is the nation's primary source of reactor-produced nuclear defense materials. Construction of the SRS began in 1951. The SRS is located near Aiken, South Carolina, and is approximately twenty-five (25) miles southeast of Augusta, Georgia. The SRS encompasses approximately three hundred (300) square miles. B. In March 1979, the SRS discontinued operation of seven (7) chemical, metal, and pesticide disposal pits. In 1984, under the approval and supervision of the State of South Carolina, the SRS excavated these pits and removed contaminated material. Additional groundwater monitoring xxxxx were installed. C. On December 19, 1979, pursuant to the State of South Carolina's regulations, the SRS notified the SCDHEC of SRS's hazardous waste management activities. The SRS submitted a copy of its notification to the EPA. D. In August 1980, pursuant to Section 3010 of RCRA, 42 U.S.C. § 6910, the SRS notified EPA of SRS's hazardous waste management activities and submitted a copy of the notification to the SCDHEC. E. On September 29, 1980, the SRS submitted "Part A" of its hazardous waste management permit application to the SCDHEC and EPA. Since that time, the SRS has modified its "Part A" to include new units or modifications to existing units. The SRS submitted "Part B" of its permit application on February 11, 1985. F. In February 1984, the SRS began groundwater corrective/remedial action by the use of an air stripper at the SRS M-Area. G. On May 8, 1984, the SRS prepared an assessment of its waste disposal sites and groundwater impacts (Technical Summary Groundwater Quality Protection Program at Savannah River Plant). H. On May 31, 1984, the DOE notified the EPA of potential CERCLA sites at DOE facilities, including the SRS. I. On January 7, 1987, the SRS submitted to EPA a document entitled, "Waste Management Units - Savannah River Plant," which contained a listing of solid waste management units (SWMUs) on the SRS. The SWMUs list is revised annually and provided to EPA and SCDHEC. J. On September 30, 1987, the SCDHEC and EPA issued a RCRA permit for the SRS. The Federal RCRA permit requires the SRS to initiate RFIs for listed SWMUs under the authority of RCRA Sections 3004(u) and (v). The State Hazardous Waste permit contains similar conditions under Section 44-56- 10, et seq., of the Hazardous Waste Management Act. The list of SWMUs was revised on May 30, 1990, to include a total of eighty-one (81) SWMUs. K. On October 16, 1987, the SRS submitted to EPA draft Hazard Ranking System (HRS) scores and supporting information for sixty-six (66) potential sites on the SRS. On April 28, 1988, the SRS submitted to EPA its Preliminary Assessments for these sites. L. In December 1987, the SRS published its final environmental impact statement (EIS), entitled, "Waste Management Activities for Groundwater Protection: Savannah River Plant; Aiken, South Carolina." The purpose of the EIS was to identify and select a waste management strategy for the treatment, storage, and disposal of hazardous, radioactive, and mixed wastes. M. On May 2, 1988, the SRS submitted an RFI Program Plan to EPA and SCDHEC pursuant to its RCRA permit. On September 6, 1989, EPA conditionally approved the RFI Program Plan. N. On July 14, 1989, EPA proposed the SRS for inclusion on the NPL at 40 CFR Part 300 (54 Federal Register 29820). O. On November 21, 1989, EPA finalized the SRS on the NPL at 40 CFR Part 300 (54 Federal Register 48184), which became effective on December 21, 1989. P. The SRS is engaged in the generation, treatment, storage, and disposal of hazardous wastes as defined in RCRA, 42 U.S.C. §§ 6901, et seq., and as defined in the HWMA, S.C. Code Xxx. §§ 44-56-10, et seq. (Supp 1988). Q. The SRS releases, has released, and threatens to release hazardous substances, pollutants or contaminants into the environment, as defined in CERCLA, 42 U.S.C. §§ 9601, et seq. R. Hazardous constituents, as defined by RCRA, and hazardous substances as defined by CERCLA, are present in the environment at the SRS.
Preliminaries Where prices are submitted by the contractor or nominated/selected sub contractor during the progress of the works in respect of contract instructions or in regard to a claim under the terms of the contract and notwithstanding the fact that such prices may be used in an interim payment certificate, there is to be no presumption of acceptance. Should the principal agent wish to accept any such prices prior to the issue of the final certificate, it will be in writing. Clause 31.9 is amended as follows: Payment shall be subject to the Employer giving the Contractor a Tax Invoice for the amount due. The Employer undertakes to ensure compliance with the administrative requirements of Sections 20 (2) and 21 (4) of the Value Added Tax Act (Act 89 of 1991). The Contractor agrees to the adoption of the self invoicing procedures and undertakes not to issue any tax invoices, debit or credit notes in respect of any transaction included in the Tax Invoices issued by the Employer. The above clauses shall constitute a written agreement between the parties as required in terms of the Value Added Tax Act (Act 89 of 1991).' 30 F: ……….… V: ….……… T: ….……... Item Adjustment to the contract value (Clause 32). 31 F: ……….… V: ….……… T: ….……... Item Recovery of expense and loss (Clause 33). 32 F: ……….… V: ….……… T: ….……... Item Final account and final payment (Clause 34). 33 F: ……….… V: ….……… T: ….……... Item Payment to other parties (Clause 35). 34 F: ……….… V: ….……… T: ….……... Item Section 1 Bill No. 1 Preliminaries R CANCELLATION Cancellation by Employer - Contractor's default (Clause 36). 35 F: ……….… V: ….……… T: ….……... Item Cancellation by Employer - Loss and damage (Clause 37). 36 F: ……….… V: ….……… T: ….……... Item Cancellation by Contractor - Employer's default (Clause 38). 37 F: ……….… V: ….……… T: ….……... Item Cancellation - Cessation of the works (Clause 39). 38 F: ……….… V: ….……… T: ….……... Item DISPUTE Dispute Settlement (Clause 40) 39 F: ……….… V: ….……… T: ….……... Item SUBSTITUTE PROVISIONS State Clauses (Clause 41) 40 F: ……….… V: ….……… T: ….……... Item CONTRACT VARIABLES The Schedule: Pre-Tender information (Clause 42). 41 F: ……….… V: ….……… T: ….……... Item Carried to Collection Section 1 Bill No. 1 Preliminaries
