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 its or his/her rights under this Agreement, specifically, to recover damages by reason of any breach of any provision of this Agreement and to exercise all other rights existing in its or his/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 his/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 6 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 the Agreement shall not operate or be construed as a waiver of any other breach. Each of the parties to this the Agreement will be entitled to enforce its or his/her his rights under this the Agreement, specifically, to recover damages by reason of any breach of any provision of this the Agreement and to exercise all other rights existing in its or his/her 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 the Agreement and that any party may in its or his/her 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 the Agreement.

Appears in 4 contracts

Samples: Separation Agreement (Alabama Power Co), Separation and Release Agreement (Alabama Power Co), Separation and Release Agreement (Alabama Power Co)

Waiver of Breach; Specific Performance. The waiver by the Company or Executive of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other breachbreach by such other party. Each of the parties (and third party beneficiaries) to this Agreement will be entitled to enforce its or his/her rights under this Agreement, specifically, to recover damages by reason of any breach of any provision of this Agreement and to exercise all other rights existing in its or his/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 (and third party beneficiaries) may in its or his/her 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 the provisions of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Devry Inc), Employment Agreement (Devry Inc)

Waiver of Breach; Specific Performance. The waiver of a breach of any provision of this Agreement shall not operate or be construed as or operate as a waiver of any other breach. Each of the parties to this Agreement will be entitled to enforce its or his/her his rights under this Agreement, specifically, to recover damages by reason of any breach of any provision of this Agreement and to exercise all other rights existing in its or his/her 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/her 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 1 contract

Samples: Employment Agreement (Southern Co)

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Waiver of Breach; Specific Performance. The waiver by the Company or Xxxxx of a breach of any provision of this Agreement by the other party shall not operate operate, or be construed construed, as a waiver of any other breachbreach by such other party. Each of the parties to this Agreement will be entitled to enforce his or its or his/her rights under this Agreement, Agreement specifically, to recover damages by reason of any breach of any provision of this Agreement and to exercise all other rights existing in his or its or his/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 his or its or his/her 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 the provisions of this Agreement.

Appears in 1 contract

Samples: Transition and Release Agreement (Cutter & Buck Inc)

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