Common use of Waiver of Breach; Specific Performance Clause in Contracts

Waiver of Breach; Specific Performance. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. Each of the parties to this Agreement will be entitled to enforce this Agreement, specifically, to recover damages by reason of any breach of this Agreement, and to exercise all other rights existing in that party’s favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce or prevent any violations of the provisions of this Agreement.

Appears in 44 contracts

Samples: Employment Agreement (Dollar General Corp), Employment Agreement (Dollar General Corp), Employment Agreement (Dollar General Corp)

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Waiver of Breach; Specific Performance. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. Each of the parties to this Agreement will be entitled to enforce its or his rights under this Agreement, specifically, to recover damages by reason of any breach of any provision of this Agreement, Agreement and to exercise all other rights existing in that party’s its or his favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may in its or his sole discretion apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief in order to enforce or prevent any violations of the provisions of this Agreement.

Appears in 32 contracts

Samples: Amended Deferred Compensation Agreement (Mississippi Power Co), Deferred Compensation Agreement (Southern Co), Deferred Compensation Agreement (Alabama Power Co)

Waiver of Breach; Specific Performance. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. Each of the parties to this Agreement will be entitled to enforce its rights under this Agreement, specifically, Agreement specifically to recover damages by reason of any breach of any provision of this Agreement, Agreement and to exercise all other rights existing in that party’s its favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of any of the provisions of this Agreement and that any party may in its sole discretion apply to any court of law or equity of competent jurisdiction for specific performance or and/or injunctive relief in order to enforce or prevent any violations of any of the provisions of this Agreement.

Appears in 4 contracts

Samples: Employment Continuation Agreement (Christopher & Banks Corp), Employment Continuation Agreement (Christopher & Banks Corp), Confidential Separation and Release Agreement (Chicos Fas Inc)

Waiver of Breach; Specific Performance. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. Each of the parties to this Agreement will be entitled to enforce its or her rights under this Agreement, specifically, to recover damages by reason of any breach of any provision of this Agreement, Agreement and to exercise all other rights existing in that party’s its or her favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may in its or her sole discretion apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief in order to enforce or prevent any violations of the provisions of this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Cracker Barrel Old Country Store, Inc), Employment Agreement (Cracker Barrel Old Country Store, Inc), Deferred Compensation Agreement (Savannah Electric & Power Co)

Waiver of Breach; Specific Performance. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. The provisions of this Agreement may be waived only by a writing signed by the party waiving compliance. Each of the parties to this Agreement will be entitled to enforce its or her rights under this Agreement, specifically, to recover damages by reason of any breach of any provision of this Agreement, Agreement and to exercise all other rights existing in that party’s its or her favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may in its or her sole discretion apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief in order to enforce or prevent any violations of the provisions of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Cracker Barrel Old Country Store, Inc), Employment Agreement (Cracker Barrel Old Country Store, Inc)

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Waiver of Breach; Specific Performance. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. Each of the parties to this Agreement will be entitled to enforce its or his rights under this Agreement, specifically, to recover damages by reason of any breach of any provision of this Agreement, Agreement and to exercise all other rights existing in that party’s its or his favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce or prevent any violations of the provisions of this Agreement.

Appears in 1 contract

Samples: Deferred Compensation Agreement (Southern Energy Inc)

Waiver of Breach; Specific Performance. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. Each of the parties to this Agreement will be entitled to enforce its or her rights under this Agreement, specifically, to recover damages by reason of any breach of any provision of this Agreement, Agreement and to exercise all other rights existing in that party’s its or her favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce or prevent any violations of the provisions of this Agreement.

Appears in 1 contract

Samples: Deferred Compensation Agreement (Southern Energy Inc)

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