ADEQUACY OF DAMAGES. Nothing contained in this Agreement shall be construed as prohibiting the Disclosing Party from pursuing any other remedies available to it, either at law or in equity, for any such threatened or actual breach of this Agreement, including specific performance, recovery of damages or otherwise.
ADEQUACY OF DAMAGES. 37.1 Without prejudice to any right to claim for damages arising pursuant to this Agreement or applicable law, each Party acknowledges that a breach of the provisions of this Agreement may cause the other Party irreparable injury and damage and, therefore any such breach may be enjoined through injunctive proceedings, in addition to any other rights and remedies that may be available to either Party as per applicable law or in equity.
ADEQUACY OF DAMAGES. 16.1 Except as expressly provided in this Agreement, the rights and remedies provided under the Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
16.2 Without prejudice to any other rights or remedies that the Utility Regulator may have, the Primary Bidder acknowledges and agrees that damages alone would not be an adequate remedy for any breach of the terms of this Agreement by the Primary Bidder. Accordingly, the Utility Regulator shall be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this Agreement.
ADEQUACY OF DAMAGES. Without prejudice to any other rights or remedies that the Bank may have, the Company agrees that damages would not be an adequate remedy for any breach by it of this Deed and that accordingly the Bank shall be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Deed.
ADEQUACY OF DAMAGES. 8.1 Without prejudice to any other rights or remedies of the Disclosing Party, the Receiving Party acknowledges and agrees that damages would not be an adequate remedy for any breach by it of the provisions of this Agreement and that the Disclosing Party shall be entitled to seek the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of any such provision by the Receiving Party or its Agents, and no proof of special damages shall be necessary for the enforcement of the rights under this Agreement.
8.2 Nothing contained in this Agreement shall be construed as prohibiting the Disclosing Party from pursuing any other remedies available by it, either at law or in equity, for any such threatened or actual breach of this Agreement including specific performance, recovery of damages or otherwise.
ADEQUACY OF DAMAGES. 27.1 Each party acknowledges that monetary damages may be both incalculable and an insufficient remedy for any breach of Clauses 10 (Confidentiality) and 13 (Intellectual Property) of this Agreement and that any such breach by a party would cause the other party irreparable harm. Accordingly, each party also agrees that, in the event of any such breach or threatened breach, the other party, in addition to any other remedies at law or in equity it may have, shall be entitled, without the requirement of posting a bond or other security, to equitable relief, including injunctive relief and specific performance
ADEQUACY OF DAMAGES. 36.1 Without prejudice to any right to claim for damages arising pursuant to this Agreement or applicable law, each Party acknowledges that a breach of the provisions of this Agreement may cause the other Party irreparable injury and damage and, therefore any such breach may be enjoined through injunctive proceedings, in addition to any other rights and remedies that may be available to either Party as per applicable law or in equity. 37. EXPERIENCE AND KNOWLEDGE IN FINANCIAL MATTERS
37.1 The Company’s Trading Platform is available only to and may only be used by Persons who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of accessing and/or using our trading Platform and entering into Transactions and Contracts via our Trading Platform and who have done so without relying on any information contained on, or in our Trading Platform and/or otherwise provided by us in relation thereto.
37.2 In accordance with the foregoing the Client hereby represents, warrants and covenants without prejudice to any other representations, warranties and/or covenants made under this Agreement:
(a) that the Client has appropriate and sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of entering into Transactions and or/ Contracts via the Company’s Trading Platform;
(b) that the Client has done so without relying on any information contained on or in the Company’s Trading Platform and/or provided by the Company in relation thereto;
(c) that the Client acts as Principal and sole beneficial owner (but NOT as trustee) in entering into this Agreement and/or any Transactions and/or Contracts via the Trading Platform;
(d) that, regardless of any subsequent determination of the contrary trading in financial contracts, Transactions and/or Contracts via the Company’s Trading Platform (and in such other investments as we may from time to time agree) is appropriate for the Client and the Client is aware of all risks involved in such Transactions and/or Contracts;
(e) that the Client is willing and financially able to sustain a total loss of funds resulting from any Transactions and/or Contracts entered into via the Trading Platform.
37.3 Without prejudice to any of the foregoing, the Company shall not be responsible for verifying and/or checking whether the Client has sufficient knowledge and/or experience for accessing and/or using the Company’s Trading Platform and/ or ...
ADEQUACY OF DAMAGES. 7.1 Without prejudice to any other rights or remedies of EasyBiz, the Receiving Party acknowledges and agrees that damages would not be an adequate remedy for any breach by it of the provisions of this Agreement and that EasyBiz shall be entitled to seek the remedies of interdict, specific performance and other equitable relief for any actual breach of any such provision by the Receiving Party.
7.2 Nothing contained in this Agreement shall be construed as prohibiting EasyBiz from pursuing any other remedies available to it at law, for any such actual breach of this Agreement including specific performance, recovery of direct damages or any right to indemnity under the terms of this Agreement or otherwise.
ADEQUACY OF DAMAGES. The Claimant contends that damages are not an adequate remedy for her for the following reasons:
ADEQUACY OF DAMAGES. The next factor the Court is tasked to consider is the adequacy of damages. The Xxxxxxx Affidavit states that damages would be inadequate due to the financial losses already suffered and likely irreparable harm to come if an injunction is not granted. These bare statements alone are insufficient to convince this Court that damages would not be sufficient.
