Remedies Clause Example with 23 Variations from Business Contracts
This page contains Remedies clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Remedies. The covenants and undertakings of the Subject Party contained in this Agreement relate to matters which are of a special, unique and extraordinary character and a violation of any of the terms of this Agreement may cause irreparable injury to the Covered Parties, the amount of which may be impossible to estimate or determine and which cannot be adequately compensated. The Subject Party agrees that, in the event of any breach or threatened breach by the Subject Party of any covenant or obligation... contained in this Agreement, each applicable Covered Party will be entitled to seek the following remedies (in addition to, and not in lieu of, any other remedy at law or in equity or pursuant to the Merger Agreement or the other Ancillary Documents that may be available to the Covered Parties, including monetary damages), and a court of competent jurisdiction may award: (i) an injunction, restraining order or other equitable relief restraining or preventing such breach or threatened breach, without the necessity of proving actual damages or posting bond or security, which the Subject Party expressly waives; and (ii) recovery of the Covered Party's attorneys' fees and costs incurred in enforcing the Covered Party's rights under this Agreement. The Subject Party hereby consents to the award of any of the above remedies to the applicable Covered Party in connection with any such breach or threatened breach. The Subject Party hereby acknowledges and agrees that in the event of any breach of this Agreement, any value attributed or allocated to this Agreement (or any other non-competition agreement with the Subject Party) under or in connection with the Merger Agreement shall not be considered a measure of, or a limit on, the damages of the Covered Parties.View More
Variations of a "Remedies" Clause from Business Contracts
Remedies. The covenants and undertakings of the Subject Party Owner contained in this Agreement relate to matters which are of a special, unique and extraordinary character and a violation of any of the terms of this Agreement may cause irreparable injury to the Covered Parties, the amount of which may be impossible to estimate or determine and which cannot be adequately compensated. The Subject Party Owner agrees that, in the event of any breach or threatened breach by the Subject Party Owner of any cove...nant or obligation contained in this Agreement, each applicable Covered Party will be entitled to seek obtain the following remedies (in addition to, and not in lieu of, any other remedy at law or in equity or pursuant to the Merger Agreement or the other Ancillary Documents that may be available to the Covered Parties, including monetary damages), and a court of competent jurisdiction may award: (i) award an injunction, restraining order or other equitable relief restraining or preventing such breach or threatened breach, without the necessity of proving actual damages or posting bond or security, which the Subject Party Owner expressly waives; and (ii) recovery of the Covered Party's attorneys' fees and costs incurred in enforcing the Covered Party's rights under this Agreement. The Subject Party waives. Owner hereby consents to the award of any of the above remedies to the applicable Covered Party in connection with any such breach or threatened breach. The Subject Party Owner hereby acknowledges and agrees that in the event of any breach of this Agreement, any value attributed or allocated to this Agreement (or any other non-competition agreement with the Subject Party) Owner) under or in connection with the Merger Agreement shall not be considered a measure of, or a limit on, the damages of the Covered Parties. 4 7. Survival of Obligations. The expiration of the Restricted Period will not relieve Owner of any obligation or liability arising from any breach by Owner of this Agreement during the Restricted Period. Owner further agrees that the time period during which the covenants contained in Section 1 and Section 2 of this Agreement will be effective will be computed by excluding from such computation any time during which Owner is in violation of any provision of such Sections. View More
Remedies. The covenants and undertakings of the Subject Party Seller contained in this Agreement relate to matters which are of a special, unique and extraordinary character and a violation of any of the terms of this Agreement may cause irreparable injury to the Covered Parties, the amount of which may be impossible to estimate or determine and which cannot be adequately compensated. The Subject Party Seller agrees that, in the event of any breach or threatened breach by the Subject Party Seller of any c...ovenant or obligation contained in this Agreement, each applicable Covered Party will be entitled to seek obtain the following remedies (in addition to, and not in lieu of, any other remedy at law or in equity or pursuant to the Merger Business Combination Agreement or the other Ancillary Documents that may be available to the Covered Parties, including monetary damages), and a court of competent jurisdiction may award: (i) an injunction, restraining order or other equitable relief restraining or preventing such breach or threatened breach, without the necessity of proving actual damages or that monetary damages would be insufficient or posting bond or security, which the Subject Party Seller expressly waives; and (ii) recovery of the Covered Party's attorneys' fees and costs incurred in enforcing the Covered Party's rights under this Agreement. The Subject Party Seller hereby consents to the award of any of the above remedies to the applicable Covered Party in connection with any such breach or threatened breach. The Subject Party Seller hereby acknowledges and agrees that in the event of any breach of this Agreement, any value attributed or allocated to this Agreement (or any other non-competition agreement with the Subject Party) Seller) under or in connection with the Merger Business Combination Agreement shall not be considered a measure of, or a limit on, the damages of the Covered Parties. 4 6. Survival of Obligations. The expiration of the Restricted Period will not relieve Seller of any obligation or liability arising from any breach by Seller of this Agreement during the Restricted Period. Seller further agrees that the time period during which the covenants contained in Sections 1, 2 and 3 of this Agreement will be effective will be computed by excluding from such computation any time during which Seller is in violation of any provision of such Sections. View More
Remedies. The covenants and undertakings of the Subject Party Owner contained in this Agreement relate to matters which are of a special, unique and extraordinary character and a violation of any of the terms of this Agreement may cause irreparable injury to the Covered Parties, the amount of which may be impossible to estimate or determine and which cannot be adequately compensated. The Subject Party Owner agrees that, in the event of any breach or threatened breach by the Subject Party Owner of any cove...nant or obligation contained in this Agreement, each applicable Covered Party will be entitled to seek obtain the following remedies (in addition to, and not in lieu of, any other remedy at law or in equity or pursuant to the Merger Agreement or the other Ancillary Documents that may be available to the Covered Parties, including monetary damages), and a court of competent jurisdiction may award: (i) an injunction, restraining order or other equitable relief restraining or preventing such breach or threatened breach, without the necessity of proving actual damages or posting bond or security, which the Subject Party Owner expressly waives; and (ii) recovery of the Covered Party's attorneys' fees and costs incurred in enforcing the Covered Party's rights under this Agreement. The Subject Party Owner hereby consents to the award of any of the above remedies to the applicable Covered Party in connection with any such breach or threatened breach. The Subject Party Owner hereby acknowledges and agrees that in the event of any breach of this Agreement, any value attributed or allocated to this Agreement (or any other non-competition agreement with the Subject Party) Owner) under or in connection with the Merger Agreement shall not be considered a measure of, or a limit on, the damages of the Covered Parties. 4 7. Survival of Obligations. The expiration of the Restricted Period will not relieve Owner of any obligation or liability arising from any breach by Owner of this Agreement during the Restricted Period. Owner further agrees that the time period during which the covenants contained in Section 1 and Section 2 of this Agreement will be effective will be computed by excluding from such computation any time during which Owner is in violation of any provision of such Sections. View More
Remedies. The covenants and undertakings of the Subject Party Seller contained in this Agreement relate to matters which are of a special, unique and extraordinary character and a violation of any of the terms of this Agreement may cause irreparable injury to the Covered Parties, the amount of which may be impossible to estimate or determine and which cannot be adequately compensated. The Subject Party Seller agrees that, in the event of any breach or threatened breach by the Subject Party Seller of any c...ovenant or obligation contained in this Agreement, each applicable Covered Party will be entitled to seek obtain the following remedies (in addition to, and not in lieu of, any other remedy at law or in equity or pursuant to the Merger Share Exchange Agreement or the other Ancillary Documents that may be available to the Covered Parties, including monetary damages), and a court of competent jurisdiction may award: (i) an injunction, restraining order or other equitable relief restraining or preventing such breach or threatened breach, without the necessity of proving actual damages or posting bond or security, which the Subject Party Seller expressly waives; and (ii) recovery of the Covered Party's attorneys' fees and costs incurred in enforcing the Covered Party's rights under this Agreement. The Subject Party Seller hereby consents to the award of any of the above remedies to the applicable Covered Party in connection with any such breach or threatened breach. The Subject Party Seller hereby acknowledges and agrees that in the event of any breach of this Agreement, any value attributed or allocated to this Agreement (or any other non-competition agreement with the Subject Party) Seller) under or in connection with the Merger Share Exchange Agreement shall not be considered a measure of, or a limit on, the damages of the Covered Parties. 4 6. Survival of Obligations. The expiration of the Restricted Period will not relieve the Seller of any obligation or liability arising from any breach by the Seller of this Agreement during the Restricted Period. The Seller further agrees that the time period during which the covenants contained in Section 1 and Section 2 of this Agreement will be effective will be computed by excluding from such computation any time during which the Seller is in violation of any provision of such Sections. View More
Remedies. The covenants and undertakings of the Subject Party Sellers contained in this Agreement relate to matters which are of a special, unique and extraordinary character and a violation of any of the terms of this Agreement may cause irreparable injury to the Covered Parties, the amount of which may be impossible to estimate or determine and which cannot be adequately compensated. The Subject Party Each Seller agrees that, in the event of any breach or threatened breach by the Subject Party such Sell...er of any covenant or obligation contained in this Agreement, each applicable Covered Party will be entitled to seek obtain the following remedies (in addition to, and not in lieu of, any other remedy at law or in equity or pursuant to the Merger Purchase Agreement or the other Ancillary Documents that may be available to the Covered Parties, including monetary damages), and a court of competent jurisdiction may award: (i) an injunction, restraining order or other equitable relief restraining or preventing such breach or threatened breach, without the necessity of proving actual damages or posting bond or security, which the Subject Party each Seller expressly waives; and (ii) recovery of the Covered Party's attorneys' fees and costs incurred in enforcing the Covered Party's rights under this Agreement. The Subject Party Each Seller hereby consents to the award of any of the above remedies to the applicable Covered Party in connection with any such breach or threatened breach. The Subject Party Each Seller hereby acknowledges and agrees that in the event of any breach of this Agreement, any value attributed or the portion of the consideration delivered to such Seller under the Purchase Agreement which is allocated to this Agreement (or any other non-competition agreement with the Subject Party) under or in connection with the Merger Agreement such Seller) shall not be considered a measure of, or a limit on, the damages of the Covered Parties. View More
Remedies. The covenants and undertakings of the Subject Party Parent contained in this Agreement relate to matters which are of a special, unique and extraordinary character and a violation of any of the terms of this Agreement may cause irreparable injury to the Covered Parties, the amount of which may be impossible to estimate or determine and which cannot be adequately compensated. The Subject Party Parent agrees that, in the event of any breach or threatened breach by the Subject Party Parent of any c...ovenant or obligation contained in this Agreement, each applicable Covered Party will be entitled to seek obtain the following remedies (in addition to, and not in lieu of, any other remedy at law or in equity or pursuant to the Merger Business Combination Agreement or the other Ancillary Documents that may be available to the Covered Parties, including monetary damages), and a court of competent jurisdiction may award: (i) an injunction, restraining order or other equitable relief restraining or preventing such breach or threatened breach, without the necessity of proving actual damages or that monetary damages would be insufficient or posting bond or security, which the Subject Party Parent expressly waives; and (ii) recovery of the Covered Party's attorneys' fees and costs incurred in enforcing the Covered Party's rights under this Agreement. The Subject Party Parent hereby consents to the award of any of the above remedies to the applicable Covered Party in connection with any such breach or threatened breach. The Subject Party Parent hereby acknowledges and agrees that in the event of any breach of this Agreement, any value attributed or allocated to this Agreement (or any other non-competition agreement with the Subject Party) Parent) under or in connection with the Merger Business Combination Agreement shall not be considered a measure of, or a limit on, the damages of the Covered Parties. 4 6. Survival of Obligations. The expiration of the Restricted Period will not relieve Parent of any obligation or liability arising from any breach by Parent of this Agreement during the Restricted Period. Parent further agrees that the time period during which the covenants contained in Section 1, 2 and 3 and of this Agreement will be effective will be computed by excluding from such computation any time during which Parent is in violation of any provision of such Sections. View More
Remedies. The covenants and undertakings of the Subject Party Sellers contained in this Agreement relate to matters which are of a special, unique and extraordinary character and a violation of any of the terms of this Agreement may cause irreparable injury to the Covered Parties, the amount of which may be impossible to estimate or determine and which cannot be adequately compensated. The Subject Party Each Seller agrees that, in the event of any breach or threatened breach by the Subject Party such Sell...er of any covenant or obligation contained in this Agreement, each applicable Covered Party will be entitled to seek the following remedies (in addition to, and not in lieu of, any other remedy at law or in equity or pursuant to the Merger Agreement or the other Ancillary Related Documents that may be available to the Covered Parties, including monetary damages), and a court of competent jurisdiction may award: (i) an injunction, restraining order or other equitable relief restraining or preventing such breach or threatened breach, without the necessity of proving actual damages or posting bond or security, which the Subject Party each Seller expressly waives; and (ii) recovery of the Covered Party's attorneys' fees and costs incurred in enforcing the Covered Party's rights under this Agreement. The Subject Party Each Seller hereby consents to the award of any of the above remedies to the applicable Covered Party in connection with any such breach or threatened breach. The Subject Party Each Seller hereby acknowledges and agrees that in the event of any breach of this Agreement, any value attributed or allocated to this Agreement (or any other non-competition agreement with the Subject Party) such Seller) under or in connection with the Merger Agreement shall not be considered a measure of, or a limit on, the damages of the Covered Parties. View More
Remedies. The covenants and undertakings of the Subject Party contained in this Agreement relate to matters which are of a special, unique unique, and extraordinary character and a violation of any of the terms of this Agreement may cause irreparable injury to the Covered Parties, injury, the amount of which may be impossible to estimate or determine and which cannot be adequately compensated. The Subject Party agrees that, in In the event of any breach or threatened breach by the Subject Party of any cov...enant or obligation contained in this Agreement, each applicable Covered Party the adversely affected party or parties will be entitled to seek the following remedies (in addition to, and not in lieu of, any other remedy at law or in equity or pursuant to the Merger Business Combination Agreement or the other Ancillary Documents that may be available to the Covered Parties, available, including monetary damages), and a court of competent jurisdiction may award: (i) (a) an injunction, restraining order order, or other equitable relief restraining or preventing such breach or threatened breach, without the necessity of proving actual damages or posting bond or security, which the Subject Party each party expressly waives; and (ii) (b) recovery of the Covered Party's reasonable attorneys' fees and costs incurred in enforcing the Covered Party's party's rights under this Agreement. The Subject Party hereby consents to the award of any of the above remedies to the applicable Covered Party in connection with any such breach or threatened breach. The Subject Party hereby acknowledges and agrees that in the event of any breach of this Agreement, any value attributed or allocated to this Agreement (or any other non-competition agreement with the Subject Party) under or in connection with the Merger Business Combination Agreement shall not be considered a measure of, or a limit on, the damages of the Covered Parties. Page 4 of 9 6. Survival of Obligations. The expiration of the Restricted Period will not relieve the Subject Party of any obligation or liability arising from any breach by the Subject Party of this Agreement during the Restricted Period. The Subject Party further agrees that the time periods during which the covenants contained in this Agreement will be effective will be computed by excluding from such computation any time during which the Subject Party is in violation of any provision of such Sections. View More
Remedies. The covenants and undertakings of the Subject Party contained in this Agreement relate to matters which are of a special, unique unique, and extraordinary character and a violation of any of the terms of this Agreement may cause irreparable injury to the Covered Parties, injury, the amount of which may be impossible to estimate or determine and which cannot be adequately compensated. The Subject Party agrees that, in In the event of any breach or threatened breach by the Subject Party of any cov...enant or obligation contained in this Agreement, each applicable Covered Party the adversely affected party or parties will be entitled to seek the following remedies (in addition to, and not in lieu of, any other remedy at law or in equity or pursuant to the Merger Purchase Agreement or the other Ancillary Documents that may be available to the Covered Parties, available, including monetary damages), and a court of competent jurisdiction may award: (i) an injunction, restraining order order, or other equitable relief restraining or preventing such breach or threatened breach, without the necessity of proving actual damages or posting bond or security, which the Subject Party each party expressly waives; and (ii) recovery of the Covered Party's attorneys' fees and costs incurred in enforcing the Covered Party's party's rights under this Agreement. The Subject Party hereby consents to the award of any Each of the above remedies to the applicable Covered Party in connection with any such breach or threatened breach. The Subject Party Parties hereby acknowledges and agrees that in the event of any breach of this Agreement, any value attributed or allocated to this Agreement (or any other non-competition agreement with the Subject Party) Parties) under or in connection with the Merger Purchase Agreement shall not be considered a measure of, or a limit on, the damages of the Covered Parties. 4 6. Survival of Obligations. The expiration of the Restricted Period will not relieve the Subject Parties of any obligation or liability arising from any breach by either of the Subject Parties of this Agreement during the Restricted Period. Each of the Subject Parties further agrees that the time periods during which the covenants contained in this Agreement will be effective will be computed by excluding from such computation any time during which either of the Subject Parties is in violation of any provision of such Sections. View More
Remedies. The covenants and undertakings of the Subject Party Parties contained in this Agreement relate to matters which are of a special, unique and extraordinary character and a violation of any of the terms of this Agreement may cause irreparable injury to the Covered Parties, the amount of which may be impossible to estimate or determine and which cannot be adequately compensated. The Each Subject Party agrees that, in the event of any breach or threatened breach by the such Subject Party of any cove...nant or obligation contained in this Agreement, each applicable Covered Party will be entitled to seek and, if awarded by a court of competent jurisdiction or as provided in Section 7(e) below, obtain the following remedies (in addition to, and not in lieu of, any other remedy at law or in equity or pursuant to the Merger Agreement or the other Ancillary Documents that may be available to the Covered Parties, including monetary damages), and a court of competent jurisdiction may award: (i) an injunction, restraining order or other equitable relief restraining or preventing such breach or threatened breach, without the necessity of proving actual damages or posting bond or security, which the each Subject Party expressly waives; and (ii) recovery of the Covered Party's attorneys' fees and costs incurred in enforcing the Covered Party's rights under this Agreement. The Subject Party hereby consents to the award of any of the above remedies to the applicable Covered Party in connection with any such breach or threatened breach. The Each Subject Party hereby acknowledges and agrees that in the event of any breach of this Agreement, any value attributed or allocated to this Agreement (or any other non-competition agreement with the Subject Party) under or in connection with the Merger Agreement shall not be considered a measure of, or a limit on, the damages of the Covered Parties. 4 6. Survival of Obligations. The expiration of the Restricted Period will not relieve any Subject Party of any obligation or liability arising from any breach by such Subject Party of this Agreement during the Restricted Period. Each Subject Party further agrees that the time period during which the covenants contained in Section 1 and Section 2 of this Agreement will be effective will be computed by excluding from such computation any time during which such Subject Party is in violation of any provision of such Sections. View More
