Violation of Terms. The Parties agree that in the event of any breach of the provisions of this Agreement, the Parties shall proceed in the manner specified in Article 16 of this Agreement.
Violation of Terms. Violation of any of the provisions of this Agreement may result in termination of this Agreement and loss of Institution’s eligibility for future participation in SmartPass.
Violation of Terms. If the Operator fails to keep any agreement contained in this lease, the lease shall then terminate and the Owner or legal representative shall have the right to take immediate possession of the premises.
Violation of Terms. Should the Employee violate or breach any provision of this Agreement (or the Confidentiality Agreement) in any material respect, which violation or breach is not cured within ten (10) days written notice to the Employee, then, in addition to all other damages or legal remedies available to the Employer (including without limitation injunctive relief), the Employee immediately shall return to the Employer all monies paid to the Employee pursuant to Paragraph 2 of this Agreement, less $2,000. The Employee agrees that if the Employee is required to return such payments, this Agreement shall continue to be binding on the Employee and the Released Parties shall be entitled to enforce the provisions of this Agreement as if the payments had not been repaid to Company and Company shall have no further obligations to pay or provide the Employee with any of the payments and benefits set forth herein. Should the Employer violate any provision of this Agreement, then the Employee shall have all remedies and civil actions available to remedy the Employee’s damages. The parties agree that, should either party seek to enforce the terms of this Agreement (or the Confidentiality Agreement) through litigation, then the prevailing party, in addition to all other legal remedies, shall be reimbursed by the other party for all reasonable attorneys’ fees in relation to such litigation. However, in accordance with applicable laws, if the Employee commences a proceeding under the OWBPA and/or the ADEA to challenge the validity of this release and prevails on the merits of an ADEA claim, the prior sentence shall not apply, and the court shall have discretion to determine whether the Company is entitled to restitution, recoupment or set off (a “reduction”) against a monetary award obtained by the Employee, which cannot exceed the amount the Employee recovers or the amount the Employee received for signing this Agreement, whichever is less.
Violation of Terms. Engage in any other prohibited activities set forth in, or otherwise violate or cause a violation of, these Terms, the Trading Rules, or any other rules or policies posted on the Site.
Violation of Terms. Should the Employee violate any provision of this Agreement, then, in addition to all other damages or legal remedies available to the Company (including without limitation injunctive relief), the Employee immediately shall return to the Company all monies paid to the Employee pursuant to this Agreement. Should the Company violate any provision of this Agreement, then the Employee shall have all remedies and civil actions available to remedy Employee’s damages. The parties agree that, should either party seek to enforce the terms of this Agreement through litigation, then the prevailing party, in addition to all other legal remedies, shall be reimbursed by the other party for all reasonable attorneys’ fees in relation to such litigation.
Violation of Terms. 11.1. You agree and take full responsibility for reimbursement of any claims and expenses (including legal) that may arise from your violation of these Terms and the law.
11.2. If you violate the Terms, we have the right to:
11.2.1. send you a warning about the violation with a request to stop such activity;
11.2.2. restrict/terminate access to the website;
11.2.3. calculate the amount spent on a RANDOM CASE, as well as withhold the purchased product due to any violation of the Site Terms by you
Violation of Terms. A. If Executive violates any material term of this Agreement other than Section 5(a)(ii) or any material term of the Separation Agreement other than Section 9(b) of the Separation Agreement, then (1) Executive shall forfeit all Cash Change in Control Benefits and Continuing Change in Control Benefits that were not paid before the date the violation occurred and (2) Executive shall forfeit all Accelerated Change in Control Benefits that were either not vested or not settled before the date the violation occurred.
B. If Executive violates Section 5(a)(ii) or Section 9(b) of the Separation Agreement, then (1) Executive shall forfeit all of the Cash Bonus Portion of the Cash Change in Control Benefits that was not been paid before the date the violation occurs and (2) Executive shall forfeit any portion of any equity award awarded to Executive on or after January 1, 2016 that, when granted, was subject to performance criteria and that was not vested (including due to time-vesting restrictions) on the Separation Date (a “Specified Accelerated Equity Award”) that was not settled before the date the violation occurred. For the avoidance of doubt, this Agreement is intended to be a “bonus restriction agreement” as defined in Section 653.295(7)(a) of the Oregon Revised Statutes, and this Agreement shall be interpreted in a manner so that the penalty imposed on Executive for competition against Employer is limited to forfeiture of profit sharing or other bonus compensation that has not yet been paid to Executive. An example of the bonus forfeiture for violating Section 5(a)(ii) or Section 9(b) of the Separation Agreement is attached for illustrative purposes as Schedule C.
Violation of Terms. If the Client or User violates the Terms of this XXXX, including but not limited to failure to comply with usage restrictions, payment obligations, or any other terms outlined herein.
Violation of Terms. In the event that Company becomes aware of information giving rise to a good faith belief that Executive may have violated or may be violating the terms of Sections 1 or 2, or both, Company shall be entitled to reasonably investigate whether such a violation has occurred or is occurring, and Executive agrees to cooperate in any such investigation by providing complete and truthful information, including documents and testimony, to Company upon its request and without charge. Company shall not be required to institute legal proceedings in order to conduct an investigation pursuant to this section, but Company shall not be precluded from doing so. During the pendency of the good faith investigation, Company shall have no obligation to make any payment otherwise due under Section 4. If such good faith investigation concludes without a finding of breach, Company shall promptly pay Executive any missed payment. In the event of a breach of Sections 1 or 2, or both, by Executive, Company shall have no further obligation to make the payments set forth in Section 4 below, and shall be entitled to immediately withhold such payments as have not been made and, at its election, seek specific performance of Executive’s obligations hereunder, seek recovery of any payments that have already been made to Executive hereunder plus compensatory and other damages, or seek any combination of equitable relief and damages that is permissible under applicable law. Executive further agrees that any breach or threatened breach of Sections 1 or 2, or both, will cause irreparable injury to Company, and that money damages alone will not provide an adequate remedy to Company. In addition, Company shall be entitled to recover reasonable attorney fees and other costs in the event it prevails in any legal action or other proceedings to enforce any section of this Agreement.
