Unique Nature of Agreement Sample Clauses

Unique Nature of Agreement. Executive recognizes that the services to be rendered by Executive are of a special, unique, unusual, extraordinary, and intellectual character involving a high degree of skill and having a peculiar value, the loss of which will cause Company immediate and irreparable harm, which cannot be adequately compensated in damages. In the event of a breach or threatened breach by Executive of this Agreement, Executive consents that the Company may be entitled to injunctive relief, both preliminary and permanent, without bond or proof of specific damages, and Executive will not raise the defense that the Company has an adequate remedy at law. In addition, the Company may be entitled to any other legal or equitable remedies as may be available under law. The remedies provided in this Agreement will be deemed cumulative and the exercise of one will not preclude the exercise of any other remedy at law or in equity for the same event or any other event.
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Unique Nature of Agreement. 6.1 The Company and Advisor agree that any violation of Articles II, III, or IV may result in immediate and irreparable harm to the Company and that the Company may be entitled to an injunction or a decree of specific performance from a court of equity in addition to other rights or remedies which the Company may have at law or in equity. Should any court find any part of Articles II, III or IV to be overly broad, Advisor and the Company intend that said court shall enforce this Agreement in such less broad manner as said court finds appropriate. The Company shall have the right to seek less than full enforcement of Articles II, III or IV.
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Unique Nature of Agreement. The covenants made in, and the rights conveyed by, this Agreement are of a unique and special nature. Any violation of this Agreement by Executive will result in immediate and irreparable to the Company. In such event, Executive acknowledges that this Agreement entitles the Company to an injunction or decree of specific performance from a court of equity in addition to other rights or remedies which the Company may have at law or in equity. Executive hereby waives the right to assert the defense that any such breach or violation can be adequately compensated in damages and in an action at law.
Sample 1
Unique Nature of Agreement. The covenants made in, and the rights conveyed by, this Agreement are of a unique and special nature to each of the parties hereto. Any violation of this Agreement by either party may result in immediate and irreparable harm to the other party hereto. In such event, each party acknowledges that this Agreement entitles the other to an injunction or decree of specific performance from a court of equity in addition to other rights or remedies which the such party may have at law or in equity. Each party hereto hereby waives the right to assert the defense that any such breach or violation can be adequately compensated in damages and in an action at law.
Sample 1
Unique Nature of Agreement. The covenants made in, and the rights conveyed by, this Agreement are of a unique and special nature. Any violation of this Agreement by Executive will result in immediate and irreparable to Genmar Kansas. In such event, Executive acknowledges that this Agreement entitles Genmar Kansas to an injunction or decree of specific performance from a court of equity in addition to other rights or remedies which Genmar Kansas may have at law or in equity. Executive hereby waives the right to assert the defense that any such breach or violation can be adequately compensated in damages and in an action at law.
Sample 1
Unique Nature of Agreement. Buyer, Seller and Metal Links agree that the rights conveyed by this Section are of a unique and special nature. Buyer, Seller and Metal Links agree that any violation of this Agreement will result in immediate and irreparable harm to Buyer and that in the event of any actual or threatened breach or violation of any of the provisions of this Section, Buyer will be entitled as a matter of right to an injunction or a decree of specific performance from any equity court of competent jurisdiction. Seller waives the right to assert the defense that such breach or violation can be compensated adequately in damages in an action at law. Nothing in this Section will be construed as prohibiting Buyer from pursuing any other remedies at law or in equity available to it for such breach or violation or threatened violation.
Sample 1
Unique Nature of Agreement. 5.1 The Company and Advisor agree that the rights conveyed by this Agreement are of a unique and special nature. The Company and Advisor agree that any violation of Articles II, III, or IV will result in immediate and irreparable harm to the Company and that the Company shall be entitled to any injunction or a decree of specific performance from a court of equity in addition to other rights or remedies which the Company may have at law or in equity. Should any court find any part of Articles II, III or IV to be overly broad, Advisor and the Company intend that said court shall enforce this Agreement in such less broad manner as said court finds appropriate. The Company shall have the right to seek less than full enforcement of Articles II, III or IV.
Sample 1
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Unique Nature of Agreement. The Company and Employee agree that the rights conveyed by this Agreement are of a unique and special nature. Employee and the Company agree that any violation of this Agreement will result in immediate and irreparable harm to the Company and that in the event of any actual or threatened breach or violation of any of the provisions of this Agreement, the Company will be entitled as a matter of right to an injunction or a decree of specific performance from any equity court of competent jurisdiction. Employee waives the right to assert the defense that such breach or violation can be compensated adequately in damages in an action at law. Nothing in this Agreement will be construed as prohibiting the Company from pursuing any other remedies at law or in equity available to the Company for such breach or violation or threatened violation.
Sample 1
Unique Nature of Agreement. In the event of a breach by you of the terms of -------------------------- this Agreement, the Company shall be entitled, if it shall so elect, to institute legal proceedings to obtain damages of any such breach, or to enforce the specific performance of this Agreement by you and to enjoin you from any further violation of this Agreement, and to exercise such remedies cumulatively or in conjunction with all other rights and remedies provided by law. You acknowledge, however, that the remedies at law for any breach by you of the provisions of this Agreement may be inadequate and that the Company shall be entitled to injunctive relief against you in the event of any breach. You represent that your experience and capabilities are such that the provisions of this Agreement will not prevent you from earning your livelihood, and acknowledge that it would cause the Company serious and irreparable injury and cost if you were to use your ability and knowledge in competition with the Company or to otherwise breach the obligations hereunder. If the Company prevails in any action brought under this Agreement, you agree that the Company, in addition to any other relief, shall be entitled to recover its reasonable attorneys' fees, costs and expenses of litigation incurred by the Company in securing the relief granted by the court.
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Related to Unique Nature of Agreement

  • Nature of Agreement You understand and agree that this letter agreement is a severance agreement and does not constitute an admission of liability or wrongdoing on the part of the Company.

  • Structure of Agreement The Trust is entering into this Agreement solely on behalf of the Fund. Without limiting the generality of the foregoing: (a) no breach of any term of this Agreement shall create a right or obligation with respect to any series of the Trust other than the Fund; (b) under no circumstances shall the Advisor have the right to set off claims relating to the Fund by applying property of any other series of the Trust; and (c) the business and contractual relationships created by this Agreement, consideration for entering into this Agreement, and the consequences of such relationship and consideration relate solely to the Trust and the Fund.

  • Voluntary Nature of Agreement Executive acknowledges and agrees that Executive is executing this Agreement voluntarily and without any duress or undue influence by the Company or anyone else. Executive further acknowledges and agrees that Executive has carefully read this Agreement and that Executive has asked any questions needed for Executive to understand the terms, consequences and binding effect of this Agreement and fully understands it, including that EXECUTIVE IS

  • Binding Nature of Agreement This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

  • Authority; Binding Nature of Agreement (a) The Parent and each of its Subsidiaries (including the Merger Subs) have all necessary corporate power and authority to enter into and to perform its obligations under this Agreement and, subject, with respect to Parent, to receipt of the Required Parent Stockholder Vote and, with respect to Merger Subs, the adoption of this Agreement by Parent in its capacity as sole stockholder of Merger Subs, to perform its obligations hereunder and to consummate the Contemplated Transactions. The Parent Board (at meetings duly called and held) has: (i) determined that the Contemplated Transactions are fair to, advisable and in the best interests of Parent and its stockholders; (ii) authorized, approved and declared advisable this Agreement and the Contemplated Transactions, including the issuance of Parent Common Stock Payment Shares and Parent Preferred Stock Payment Shares to the stockholders of the Company pursuant to the terms of this Agreement and the treatment of the Company Options pursuant to this Agreement; and (iii) determined to recommend, upon the terms and subject to the conditions set forth in this Agreement, that the stockholders of Parent vote to approve the Parent Stockholder Matters. The First Merger Sub Board (by unanimous written consent) has: (A) determined that the Contemplated Transactions are fair to, advisable, and in the best interests of First Merger Sub and its sole stockholder; (B) authorized, approved and declared advisable this Agreement and the Contemplated Transactions; and (C) determined to recommend, upon the terms and subject to the conditions set forth in this Agreement, that the stockholder of First Merger Sub vote to adopt this Agreement and thereby approve the Contemplated Transactions. The Second Merger Sub Board (by unanimous written consent) has: (A) determined that the Contemplated Transactions are fair to, advisable, and in the best interests of Second Merger Sub and its sole member; (B) authorized, approved and declared advisable this Agreement and the Contemplated Transactions; and (C) determined to recommend, upon the terms and subject to the conditions set forth in this Agreement, that the member of Second Merger Sub vote to adopt this Agreement and thereby approve the Contemplated Transactions.

  • Binding Nature of Agreement; Assignment This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

  • Authority; Binding Nature of Agreements (a) The Seller has the absolute and unrestricted right, power and authority to enter into and to perform its obligations under each of the Transactional Agreements to which it is or may become a party.

  • Terms of Agreement In consideration of the mutual representations, warranties, covenants and agreements contained herein, the parties hereto agree as follows:

  • Scope of Agreement Nothing in this Agreement shall be deemed to entitle Executive to continued employment with the Company or its Subsidiaries, and if Executive’s employment with the Company shall terminate prior to a Change in Control, Executive shall have no further rights under this Agreement (except as otherwise provided hereunder); provided, however, that any termination of Executive’s employment during the Termination Period shall be subject to all of the provisions of this Agreement.

  • Term of Agreement Termination of Agreement Amendment of Agreement a. This Agreement is effective with respect to each Fund as of the date of execution of the applicable exhibit and shall continue in effect with respect to each Fund presently set forth on an exhibit and any subsequent Funds added pursuant to an exhibit during the initial term of this Agreement for one year from the date set forth above, and thereafter for successive periods of one year if such continuance is approved at least annually by the Trustees of the Trust including a majority of the members of the Board of Trustees of the Trust who are not interested persons of the Trust and have no direct or indirect financial interest in the operation of any Distribution Plan relating to the Trust or in any related documents to such Plan ("Disinterested Trustees") in the manner required by the Rules and Regulations. If a Fund is added after the first annual approval by the Trustees as described above, this Agreement will be effective as to that Fund upon execution of the applicable exhibit and will continue in effect until the next annual approval of this Agreement by the Trustees and thereafter for successive periods of one year, subject to approval as described above.

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