Remedies Clause Example with 4 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. If Employee breaches any term or condition of this Separation Agreement or the NDIAA, or any representation made by Employee in this Separation Agreement was false when made, it shall constitute a material breach of this Separation Agreement and in addition to and not instead of the Released Parties' other remedies hereunder, under the NDIAA or otherwise at law or in equity, Employee shall be required to immediately, upon written notice from Employer, return the value of the payments under Secti...on 4 of this Separation Agreement, less $1,000.00. Employee agrees that if Employee is required to return the payments as described herein, this Separation Agreement shall continue to be binding on Employee and the Released Parties shall be entitled to enforce the provisions of this Separation Agreement as if the payments had not been repaid to Employer and Employer shall have no further payment obligations to Employee hereunder. Further, in the event of a breach of this Separation Agreement, Employee agrees to pay all of the Released Parties' attorneys' fees and other costs associated with enforcing this Separation Agreement.View More
Variations of a "Remedies" Clause from Business Contracts
Remedies. If For a period of three (3) years after the Separation Date, if Employee (a) breaches (i) any term or condition of the Surviving Covenants Agreement Provisions, (ii) his obligations pursuant to Sections 2, 3, 7 or 9 of this Separation Agreement, (iii) his obligations pursuant to Section 2 of the Mutual Release, or (iv) if such breach causes or is reasonably likely to cause material harm to Employer, breaches any other provision of this Separation Agreement or the NDIAA, Mutual Release, or (b) a...ny representation made by Employee in this Separation Agreement or the Mutual Release was materially false when made, it shall constitute a material breach of this Separation Agreement and and, in addition to and not instead of the Released Parties' other remedies hereunder, under the NDIAA Surviving Covenants Agreement Provisions or otherwise at law or in equity, Employee shall be required to immediately, upon to, within thirty (30) days following written notice from Employer, return the value of the payments Separation Payment paid by Employer under Section 4 6(A) of this Separation Agreement, less $1,000.00. 10% of the Separation Payment paid by Employer under Section 6(A) of this Separation Agreement. Employee agrees that if Employee is required to return the payments as described herein, Separation Payment, this Separation Agreement, the Mutual Release and the Surviving Covenants Agreement Provisions shall continue to be binding on Employee and the Released Parties shall be entitled to enforce the provisions of this Separation Agreement, the Mutual Release and the Surviving Covenants Agreement Provisions as if the payments Separation Payment had not been repaid to Employer and this Separation Agreement also shall continue to be binding upon Employer; provided, however, Employer shall have no further payment obligations to Employee hereunder. Further, in under Section 6(A) of this Separation Agreement. In the event of a breach any litigation or other proceeding to enforce the terms of this Separation Agreement, the Mutual Release and/or the Surviving Covenants Agreement Provisions, whether initiated by Employee agrees or Employer, the prevailing party shall (unless otherwise provided by law) be entitled to recover its reasonable attorneys' fees and costs, expert witness fees and costs, and court costs/forum fees from the other 6 party; provided, however, Employee shall have no obligation to pay all of the Released Parties' such attorneys' fees and other costs associated with enforcing this Separation Agreement. Agreement, the Mutual Release and/or the Surviving Covenants Agreement Provisions if Employee were to challenge the ADEA (as defined in the Mutual Release) waiver only. View More
Remedies. If Employee materially breaches any term or condition of this Separation Agreement or the NDIAA, Consulting Agreement or any representation made by Employee in this Separation Agreement was false when made, it shall constitute a material breach of this Separation Agreement and in addition to and not instead of the Released Parties' other remedies hereunder, under the NDIAA or otherwise at law or in equity, Employee (i) any post-termination exercise period with respect to any outstanding vested s...tock option shall be required cease on the date of the breach, (ii) the Company shall have the right to immediately, upon written notice terminate the Consulting Agreement for "Cause" (as defined in the Consulting Agreement), (iii) the Company shall have the right to cease providing the Benefits set forth in section 4, above. In addition to (i), (ii) and (iii) above and not in lieu thereof, the Company may seek from Employer, a court of competent jurisdiction a return of the value of the payments Benefits under Section 4 of this Separation Agreement and Consulting Agreement, less $1,000.00. Employee agrees that if it is judicially determined that Employee is required to return the payments Benefits as described herein, this Separation Agreement shall continue to be binding on Employee and the Released Parties shall be entitled to enforce the provisions of this Separation Agreement as if the payments Benefits had not been repaid to Employer and Employer shall have no further payment or other obligations to Employee hereunder. hereunder or under the Consulting Agreement, except that in the event the Employer wrongly ceases to provide payment or other benefits pursuant this Section, the Employee may seek preliminary relief from a court of competent jurisdiction to free him from the restriction set forth in Section 6 above of selling no more than 250,000 shares per calendar quarter. Further, in the event of a breach of this Separation Agreement, Employer may seek to require Employee agrees to pay all of the Released Parties' attorneys' fees and other costs associated with enforcing this Separation Agreement. View More
Remedies. If Employee (a) breaches (i) any term or condition of the Surviving Employment Agreement Provisions, (ii) his obligations pursuant to Sections 2, 3 or 7 of this Separation Agreement Agreement, or the NDIAA, (iii) if such breach causes or is reasonably likely to cause material harm to Employer, breaches any other provision of this Separation Agreement, or (b) any representation made by Employee in this Separation Agreement was materially false when made, it shall constitute a material breach of t...his Separation Agreement and and, in addition to and not instead of the Released Parties' other remedies hereunder, under the NDIAA Surviving Employment Agreement Provisions or otherwise at law or in equity, Employee shall be required to immediately, upon to, within thirty (30) days following written notice from Employer, return the value of the payments Separation Payment paid by -5- Employer under Section 4 6 of this Separation Agreement, less $1,000.00. 10% of the Separation Payment paid by Employer under Section 6 of this Separation Agreement. Employee agrees that if Employee is required to return the payments as described herein, Separation Payment, this Separation Agreement shall continue to be binding on Employee and the Released Parties shall be entitled to enforce the provisions of this Separation Agreement and the Surviving Employment Agreement Provisions as if the payments Separation Payment had not been repaid to Employer and this Separation Agreement also shall continue to be binding upon Employer; provided, however, Employer shall have no further payment obligations to Employee hereunder. under Section 6 of this Separation Agreement. Further, in the event that Employee breaches (x) any term or condition of a the Surviving Employment Agreement Provisions, (y) his obligations pursuant to Sections 2, 3 or 7 of this Separation Agreement, or (z) if such breach causes or is reasonably likely to cause material harm to Employer, breaches any other provision of this Separation Agreement, Employee agrees to pay all of the Released Parties' attorneys' fees and other costs associated with enforcing the terms of this Separation Agreement. Agreement and/or the Surviving Employment Agreement Provisions. Notwithstanding the foregoing, it is understood and agreed that Employee shall have no automatic repayment obligations or obligation to pay the Released Parties' attorneys' fees and other costs associated with enforcing the terms of this Separation Agreement and/or the Surviving Employment Agreement Provisions if Employee were to challenge the ADEA waiver only. View More
Remedies. If Employee breaches any term or condition of this Separation Agreement or the NDIAA, or any representation made by Employee in this Separation Agreement was false when made, it shall constitute a material breach of this Separation Agreement and Agreement, then in addition to and not instead of the Company Released Parties' other remedies hereunder, under the NDIAA hereunder or otherwise at law or in equity, Employee shall be required to immediately, upon written notice from Employer, Company, r...eturn the payments paid by Company under Section 4 of this Separation Agreement, less the greater of: (A) $10,000; or (B) 10% of the total value of the payments under Section 4 of this Separation Agreement, less $1,000.00. Agreement. Employee agrees that if Employee is required to return the payments as described herein, payments, this Separation Agreement shall continue to be binding on Employee and the Company Released Parties shall be entitled to enforce the provisions of this Separation Agreement as if the payments had not been repaid to Employer Company and Employer Company shall have no further payment obligations to Employee hereunder. under Section 4 of this Separation Agreement. Further, in the event of a breach by Employee of his obligations under this Separation Agreement, Employee agrees to pay all of the Company Released Parties' attorneys' fees and other costs associated with enforcing the terms of this Separation Agreement. View More
