Remedies Clause Example from Business Contracts

Remedies. Except as otherwise provided in Section 5 in this Agreement, each of the parties to this Agreement will be entitled to enforce its rights under this Agreement specifically, to recover damages and costs (including reasonable attorneys' fees) caused by any breach of any provision of this Agreement, and to exercise all other rights existing in the 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 Agreeme...nt and that any party in its, his or her sole discretion may apply to any court of law or equity of competent jurisdiction (without posting any bond or deposit) (or with respect to disputes under Section 5, to an arbitrator) for specific performance and/or other injunctive relief in order to enforce or prevent any violations of the provisions of this Agreement. The remedies for any violation of Section 5 above are limited to the forfeiture, disgorgement, injunction and arbitration remedies specified in Sections 5.a. and b., and any remedies, including injunctive relief, as more specifically set forth in the Employment Agreement, and are subject to the time-limitations set forth in Section 5.a. above. The remedies described in this Section 10 do not apply to Section 5. View More