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THE COMPANY'S REMEDIES Sample Clauses

THE COMPANY'S REMEDIESUpon the occurrence of an Event of Default as described in Section 501(b) hereof, then the option amount referred to in Section 901 hereof shall be limited to a number equal in value to the amount already funded.
THE COMPANY'S REMEDIESFOR BREACH Employee covenants and agrees that, if Employee shall violate or breach any of Employee's covenants provided for in Sections 6(a) or (b) of this Agreement, the Company and/or its Affiliates shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations and benefits which Employee has realized and realizes as a result of, growing out of or in connection with any such violation or breach. In addition, in the event of a breach or violation or threatened or imminent breach or violation of any provisions of Sections 6(a) or (b) of this Agreement, the Company and/or its Affiliates shall be entitled to a temporary and permanent injunction or any other appropriate decree of specific performance or equitable relief from a court of competent jurisdiction in order to prevent, prohibit or restrain any such breach or violation or threatened or imminent breach or violation by Employee, by Employee's partners, agents, associates, affiliates, representatives, servants, employers or employees and/or by any other Third Parties. The Company shall be entitled to such injunctive or other equitable relief in addition to any damages which are suffered, together with reasonable attorneys' and paralegals' fees and costs and other costs incurred in connection with any such breach or violation or threatened breach or violation, whether or not suit is brought, and at both trial and at all appellate levels. It is understood that resort by the Company and/or its Affiliates to such injunctive or other equitable relief shall not be deemed to waive or to limit in any respect any other rights or remedies which the Company or its Affiliates may have with respect to such breach or violation. The Company's Affiliates may enforce these provisions directly in their own names and right.
THE COMPANY'S REMEDIES. 10.1 Without prejudice to any other rights or remedies to which the Company may be entitled, if the Services fail to comply with the provisions of Conditions 4.1 and 4.2, or the Consultant has failed, refused and/or neglected to follow the reasonable and lawful directions of the Supervising Officer, then the Company shall be entitled to any one or more of the following remedies at its sole discretion: 10.1.1 to require the Consultant to re-perform the defective Services without additional charge to the Company; 10.1.2 to assess the cost of remedying the defective Services (the Assessed Cost) and deduct from any sums due to the Consultant, the Assessed Cost; 10.1.3 to carry out itself, or engage a third party to carry out, the defective Services (in whole or in part) and all additional expenditure incurred by the Company in having such defective Services carried out by a third party shall be recoverable by the Company from the Consultant, and the Company shall be entitled to exercise the rights granted to it under Condition 5.4 in respect of any sums payable by the Consultant to the Company under Conditions 10.1.2 and 10.1.3.
THE COMPANY'S REMEDIES. If the System becomes, or in the Company’s opinion is likely to become, the subject of an infringement or misappropriation claim, the Company may, at its sole option, and expense, either (a) procure for Customer the right to continue using the System; (b) replace or modify the System so that it becomes non-infringing or does not use the alleged misappropriated trade secrets; or (c) terminate Customer’s right to use the infringing System and give Customer a refund or credit for the unused Fees actually paid by Customer for the infringing components of the System less an allowance for the period of time Customer has used the System during the Term. This Section 12.2 states Customer’s sole and exclusive remedies, and the Company’s entire liability, for any and all infringement and misappropriation claims and actions.
THE COMPANY'S REMEDIESUpon the occurrence of an Event of Default as described in Section 601(b) hereof, the Company may then enforce as against Lenders obligations to fund or advance any unadvanced portions of principal under the terms of the Notes.

Related to THE COMPANY'S REMEDIES

  • City’s Remedies In addition to any other remedies the City may have upon Developer and/or Developer’s contractor for the failure to provide and maintain insurance or policy endorsements to the extent and within the time required, the City shall have the right, to order Developer to stop work, and/or withhold any payment(s), which become due until Developer and/or Developer’s contractor demonstrates compliance with the requirements.

  • Contractor’s Remedies If the State is in breach of any provision of this Participating Addendum and does not cure such breach, Contractor, following the notice and cure period in §13 and the dispute resolution process in §15 shall have all remedies available at law and equity. If a Purchasing Entity is in breach of a provision of an Order, Contractor shall have all remedies available to it under that Order and available at law and equity.

  • Buyer’s Remedies (a) If Seller breaches this Agreement prior to the Closing for any reason except failure by Buyer to perform its obligations, or if prior to Closing any one or more of Seller’s representations or warranties are breached in any material respect, Buyer shall elect, as its sole remedy, either to (i) terminate this Agreement by giving notice to Seller of such election prior to or at Closing, whereupon the Deposit shall be returned to Buyer and Seller shall reimburse Buyer for Buyer’s out-of-pocket costs incurred in connection with the negotiation and performance under this Agreement, but not in excess of One Hundred Thousand Dollars ($100,000); or (ii) waive such breach and proceed to Closing; or (iii) pursue the remedy of specific performance. Notwithstanding anything herein to the contrary, Buyer shall be deemed to have elected to terminate this Agreement if as a result of Seller’s breach Buyer does not proceed to Closing and thereafter fails to give Seller notice of its intent to file a claim or assert a cause of action for specific performance against Seller on or before ninety (90) days following the scheduled Closing Date or, having given such notice, fails to file a lawsuit asserting such claim or cause of action in the county in which the Property is located within ninety (90) days following the scheduled Closing Date. Buyer’s remedies shall be limited to those described in this Section 7.2. Nothing contained in the foregoing shall serve to waive or otherwise limit Buyer’s remedies or damages for claims of Buyer against Seller with respect to any obligations of Seller that, by the terms of this Agreement, survive the close of Escrow or any termination of this Agreement before the Closing or impair buyer’s rights to obtain from Seller all costs and expenses of enforcing this Agreement. IN NO EVENT SHALL SELLER’S MEMBERS OR ITS OR THEIR DIRECT OR INDIRECT MEMBERS, PARTNERS, SHAREHOLDERS OR AFFILIATES, ANY OFFICER, MANAGER, MEMBER, DIRECTOR, EMPLOYEE, OR AGENT OF THE FOREGOING, OR ANY AFFILIATE OR CONTROLLING PERSON THEREOF HAVE ANY LIABILITY FOR ANY CLAIM, CAUSE OF ACTION OR OTHER LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROPERTY, WHETHER BASED ON CONTRACT, COMMON LAW, STATUTE, EQUITY OR OTHERWISE. (b) To secure its liabilities and obligations under this Agreement and the documents executed by Seller as contemplated in this Agreement, Seller shall deposit Five Million Dollars ($5,000,000) in an escrow (the “Damages Escrow”) with the Title Company at the Closing. The instructions to the Title Company regarding the Damages Escrow shall provide that all funds therein shall be disbursed to Seller two hundred seventy (270) days following the Closing Date (the “Termination Date”) unless prior to such date, Buyer has given notice to Seller and the Title Company that Buyer has a claim against Seller under this Agreement or any document executed by Seller in connection with this Agreement, specifying the basis for such claim and the amount thereof, in which event the amount of such claim, plus ten percent (10 %) thereof, shall remain in the Damages Escrow as of the Termination Date until such time as Buyer’s claim has been resolved, either by a decision in arbitration or a judgment in litigation or mutual agreement of the parties and any amount then remaining in the Damages Escrow shall be disbursed to Seller. All interest accruing in the Damages Escrow shall belong to, and be payable currently to, Seller.