Grouped Into 224 Collections of Similar Clauses From Business Contracts
This page contains Remedies clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Remedies. 6.1 From and after the occurrence of any Event of Default, Holder will be entitled to: (a) by written notice to the Debtor, declare all indebtedness evidenced by this Note to be immediately due and payable; (b) by written notice to the Debtor, require Debtor and each applicable Subsidiary to execute and deliver one or more leasehold mortgages to Holder in form and substance reasonably acceptable to Debtor and Holder to secure the Debtor Group Members' obligations under the Security Agreement; (c...) apply any and all amounts owed to Debtor by the Holder to the payment of this Note; (d) exercise and enforce its rights and remedies under this Note, the Security Agreement, and the Pledge Agreement; and (e) proceed to protect and enforce its rights under applicable law. 6.2 No course of dealing on the part of Holder or any delay or failure on the part of Holder to exercise any right will operate as a waiver of such right or otherwise prejudice the Holder's rights, powers and remedies. 6.3 Debtor will pay to Holder such additional amounts as are sufficient to cover the costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by Holder in collecting any sums due on account of this Note or otherwise in enforcing its rights hereunder.View More
Remedies. 6.1 From and after the occurrence of any Event of Default, Holder will be entitled to: (a) by written notice to the Debtor, declare all indebtedness evidenced by this Note to be immediately due and payable; (b) by written notice to the Debtor, require Debtor and each applicable Subsidiary to execute and deliver one or more leasehold mortgages to Holder in form and substance reasonably acceptable to Debtor and Holder to secure the Debtor Group Members' obligations under the Security Agreement; (c...) apply any and all amounts owed to Debtor by the Holder to the payment of this Note; (d) (c) exercise and enforce its rights and remedies under this Note, the Security Agreement, and the Pledge Agreement; Agreements; and (e) (d) proceed to protect and enforce its rights under applicable law. 6.2 No course of dealing on the part of Holder or any delay or failure on the part of Holder to exercise any right will operate as a waiver of such right or otherwise prejudice the Holder's rights, powers and remedies. 6.3 Debtor will pay to Holder such additional amounts as are sufficient to cover the costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by Holder in collecting any sums due on account of this Note or otherwise in enforcing its rights hereunder. View More
Remedies. If a Default hereunder is continuing, Lessor may exercise any one or more of the following remedies without demand or notice to Co-Lessees and without terminating or otherwise affecting Co- Lessees' obligations hereunder; (i) accelerate the obligation of Co-Lessees hereunder and, in such event, shall be entitled to recover the sum of (a) delinquent lease payments with interest thereon at the legal rate, (b) the lease payments that will become due in the future discounted to present value as of t...he date of entry of judgment at a rate equal to 80% of the New York Prime Rate as published from time to time in the Wall Street Journal as of that date, and (c) the anticipated residual value of the Leased Equipment; (ii) require Co- Lessees to assemble the Leased Equipment and make it available to Lessor at a place designated by Lessor, in its sole discretion and within the continental United States; (iii) take and hold possession of the Leased Equipment from any premise where the same may be located without liability to Co- Lessees for any damage caused thereby; (iv) sell or lease the Leased Equipment or any part thereof at public or private sale for cash, on credit or otherwise with or without representations or warranties, and upon such commercially reasonable terms as shall be acceptable to Lessor; (v) use and occupy the Equipment Locations for the purpose of taking, holding, reconditioning, displaying, selling or leasing the Leased Equipment, without cost to Lessor or liability to Co- Lessees; and (vi) demand, sue for and recover from Co-Lessees all sums due hereunder. Co-Lessees shall be entitled to credit for net proceeds received by Lessor upon sale or reletting of the Leased Equipment, if any, discounted to present value. Co-Lessees shall also be liable for all costs incurred by Lessor in retaking, 7 protecting, and disposing of the Leased Equipment, including reasonable legal fees and costs.View More
Remedies. If a Default hereunder occurs and is continuing, Lessor may exercise any one or more of the following remedies without demand or additional notice to Co-Lessees Lessee and without terminating or otherwise affecting Co- Lessees' Lessee's obligations hereunder; (i) accelerate the obligation of Co-Lessees hereunder Lessee under any or all of the Leases and, in such event, shall be entitled to recover the sum of (a) delinquent lease rental payments under each such Lease with interest thereon at the ...legal rate, (b) the lease total monthly rental payments that will would have become due in the future under each such Lease, discounted to present value as of the date of entry of judgment at a rate equal to 80% of the New York Prime Rate as published from time to time in the Wall Street Journal as of that date, date (the "Discount Rate"), and (c) the anticipated residual value amount that would have been paid by Lessee with respect to each such Lease upon the exercise of the Leased Equipment; purchase option set forth in Section 7 at the end of the Initial Term of each such Lease, discounted to present value as of the date of entry of judgment at a rate equal to the Discount Rate; (ii) require Co- Lessees Lessee to assemble the all Leased Equipment under any or all of the Leases and make it available to Lessor at a place designated by Lessor, Lessor in its sole discretion and within the continental United States; States, in its reasonable discretion; (iii) take and hold possession of the Leased Equipment in a reasonable manner under any or all of the Leases from any premise where the same may be located without liability to Co- Lessees Lessee for any damage caused thereby; (iv) sell or lease Leased Equipment, under any or all of the Leased Equipment Leases, or any part thereof at public or private sale for cash, on credit or otherwise with or without representations or warranties, and upon such commercially reasonable terms as shall be acceptable to Lessor; (v) subject to the Landlord Waiver (if applicable), use and occupy the any Equipment Locations Location for the purpose of taking, holding, reconditioning, displaying, selling or leasing Leased Equipment under any or all of the Leased Equipment, Leases, without cost to Lessor or liability to Co- Lessees; Lessee; and (vi) demand, sue for and recover from Co-Lessees Lessee all sums due hereunder. Co-Lessees Lessee shall be entitled to credit for net proceeds received by Lessor upon sale or reletting of the Leased Equipment, if any, discounted to present value. Co-Lessees Lessee shall also be liable for all reasonable costs incurred by Lessor in retaking, 7 protecting, and disposing of the Leased Equipment, including reasonable legal fees and costs. The total of the amounts specified in clauses (i)(a), (i)(b) and (i)(c) of this Section with respect to any Lease shall be referred to as the "Default Amount" for such Lease. View More
Remedies. Upon the occurrence of any such Event of Default and at any time thereafter, the Secured Party may declare all Obligations secured hereby immediately due and payable and shall have, in addition to any remedies provided herein or by any applicable law or in equity, all the remedies of a secured party under the UCC. The Secured Party's remedies include, but are not limited to, to the extent permitted by law, the right to: (a) peaceably by its own means or with judicial assistance enter the Debtor'...s premises and take possession of the Collateral without prior notice to the Debtor or the opportunity for a hearing, (b) render the Collateral unusable, (c) dispose of the Collateral on the Debtor's premises, and (d) require the Debtor to assemble the Collateral and make it available to the Secured Party at a place designated by the Secured Party. Unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Secured Party will give the Debtor reasonable notice of the time and place of any public sale thereof or of the time after which any private sale or any other intended disposition thereof is to be made. The requirements of commercially reasonable notice shall be met if such notice is sent to the Debtor at least five (5) days before the time of the intended sale or disposition. Expenses of retaking, holding, preparing for sale, selling or the like shall include the Secured Party's reasonable attorney's fees and legal expenses, incurred or expended by the Secured Party to enforce any payment due it under this Agreement either as against the Debtor, or in the prosecution or defense of any action, or concerning any matter growing out of or connection with the subject matter of this Agreement and the Collateral pledged hereunder. The Debtor waives all relief from all appraisement or exemption laws now in force or hereafter enacted.View More
Remedies. Upon the occurrence of any such Event of Default and at any time thereafter, the Secured Party Lender may declare all Obligations secured hereby immediately due and payable and shall have, in addition to any remedies provided herein or by any applicable law or in equity, all the remedies of a secured party under the UCC. The Secured Party's Lender's remedies include, but are not limited to, to the extent permitted by law, the right to: to (a) peaceably by its own means or with judicial assistanc...e enter the Debtor's premises and take possession of the Collateral without prior notice to the Debtor or the opportunity for a hearing, (b) render the Collateral unusable, (c) dispose of the Collateral on the Debtor's premises, and (d) require the Debtor to assemble the Collateral and make it available to the Secured Party Lender at a place designated by the Secured Party. Lender. Unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Secured Party Lender will give the Debtor reasonable notice of the time and place of any public sale thereof or of the time after which any private sale or any other intended disposition thereof is to be made. The requirements of commercially reasonable notice shall be met if such notice is sent to the Debtor at least five (5) ten (10) days before the time of the intended sale or disposition. Expenses of retaking, holding, preparing for sale, selling disposition, disposing or the like shall include the Secured Party's Lender's reasonable attorney's attorneys' fees and legal expenses, incurred or expended by the Secured Party Lender to enforce any payment due it under this Agreement either as against the Debtor, or in the prosecution or defense of any action, or concerning any matter growing out of or connection with the subject matter of this Agreement and the Collateral pledged hereunder. The Debtor waives all relief from all appraisement or exemption laws now in force or hereafter enacted. View More
Remedies. The Holder shall have the right to specifically enforce all of the obligations of the Company under this Agreement (without posting a bond or other security), in addition to recovering damages by reason of any breach by the Company of any provision of this Agreement and to exercise all other rights granted by law. For the avoidance of doubt, this foregoing provision is drafted by all parties in a manner that is intended to apportion fault and responsibility in a fair and equitable manner and the... Company shall not be responsible for any violation of the Daily Allotment by the Holder during the Leak-Out Period so long as the Company uses reasonable care to assure compliance with these provisions and does not authorize the Holder to sell shares of Common Stock in a manner that is inconsistent with the Daily Allotment. Furthermore, the Company recognizes that if it fails to perform, observe, or discharge any of its obligations under this Agreement, any remedy at law may prove to be inadequate relief to the Holder. Therefore, the Company agrees that the Holder shall be entitled to seek temporary and permanent injunctive relief in any such case without the necessity of proving actual damages and without posting a bond or other security. If the Holder prevails in an action to enforce this Agreement, it shall be entitled to receive from the Company reimbursement for all fees and expenses incurred in connection therewith, including reasonable fees of counsel.View More
Remedies. The Holder Holders shall have the right to specifically enforce all of the obligations of the Company under this Agreement (without posting a bond or other security), security) and the obligations of the other Holders, in addition to recovering damages by reason of any breach by either the Company or the other Holders of any provision of this Agreement and to exercise all other rights granted by law. For the avoidance of doubt, this foregoing provision is drafted by all parties in a manner that ...is intended to apportion fault and responsibility in a fair and equitable manner and the Company shall not be responsible for any violation of the Daily Weekly Allotment by the any Holder during the Leak-Out Period so long as the Company uses used reasonable care to assure compliance with these provisions and does did not authorize the a Holder to sell shares of Common Stock in a manner that is inconsistent with the Daily Weekly Allotment. Furthermore, the Company recognizes that if it fails to perform, observe, or discharge any of its obligations under this Agreement, any remedy at law may prove to be inadequate relief to the Holder. Holders. Therefore, the Company agrees that the Holder Holders shall be entitled to seek temporary and permanent injunctive relief in any such case without the necessity of proving actual damages and without posting a bond or other security. If the Holder prevails Holders prevail in an action to enforce this Agreement, it shall be entitled to receive from the Company reimbursement for all fees and expenses incurred in connection therewith, including reasonable fees of counsel. View More
Remedies. Upon the occurrence of and during the continuation of any Event of Default, Lender shall have the right to declare immediately due and payable all or any Obligations (other than Obligations arising under any Hedge Agreement, which may be accelerated pursuant to the applicable Hedge Agreement) secured by this Agreement and to terminate any commitments to make loans or otherwise extend credit under the Credit Agreement. Lender shall have all other rights, powers, -6- privileges and remedies grante...d to a secured party upon default under the Code or otherwise provided by law or agreement, including without limitation, the right to: (a) contact all Persons obligated to a Grantor on any Collateral and to instruct such Persons to deliver all Collateral directly to Lender; (b) sell, lease, license or otherwise dispose of any or all Collateral; (c) notify the United States Postal Service to change the address for delivery of mail of any Grantor to any address designated by Lender; (d) without notice to or consent by Grantors and without the obligation to pay rent or other compensation, to take exclusive possession of all locations where any Grantor conducts its business or has any rights of possession and use the locations to store, process, manufacture, sell, use and liquidate or otherwise dispose of Collateral; (e) with regard to any Deposit Account, instruct the bank maintaining such Deposit Account to pay the balance of such Deposit Account to Lender or take such other action as Lender shall instruct; and (f) with regard to any Securities Account or Commodity Account, instruct the securities intermediary maintaining such Securities Account or the commodity intermediary maintaining such Commodity Account, as applicable, to pay the balance of such Securities Account or such Commodity Account, as applicable, to Lender or take such other action as Lender shall instruct; and (g) without regard to the occurrence of waste or the adequacy of security, apply for the appointment of a receiver for Grantors or any Grantor or for the assets of Grantors or any Grantor and each Grantor waives any objection to such appointment or to the right to have a bond or security posted by Lender. Each Grantor hereby waives any objection or defense to the appointment of any such receiver and any right that Grantors or any Grantor has or may have to seek the posting of a bond or other security by Lender. While an Event of Default exists: (1)Each Grantor will deliver to Lender from time to time, as requested by Lender, current lists of all Collateral; (2)No Grantor will dispose of any Collateral except on terms approved by Lender or as otherwise agreed in writing by Lender; (3)at Lender's request, Grantors will assemble and deliver all Collateral, and books and records pertaining thereto, to Lender at a reasonably convenient place designated by Lender; and (4)Lender may, without notice to Grantors, enter onto any Grantor's premises and take possession of the Collateral.View More
Remedies. Upon the occurrence of and during the continuation of any Event of Default, Lender shall have the right to declare immediately due and payable all or any Obligations (other than Obligations arising under any Hedge Agreement, which may be accelerated pursuant to the applicable Hedge Agreement) secured by this Agreement and to terminate any commitments to make loans or otherwise extend credit under the Credit Agreement. Lender shall have all other rights, powers, -6- privileges and remedies grante...d to a secured party upon default under the Code or otherwise provided by law or agreement, law, including without limitation, the right to: (a) contact all Persons obligated to a Grantor on any Collateral and to instruct such Persons to deliver all Collateral directly to Lender; (b) sell, lease, license or otherwise dispose of any or all Collateral; (c) notify the United States Postal Service to change the address for delivery of mail of any Grantor to any address designated by Lender; (d) without notice to or consent by Grantors any Grantor, and without the obligation to pay rent or other compensation, to take exclusive possession of all locations where any Grantor conducts its it business or has any rights of possession and use the locations to store, process, manufacture, sell, use and liquidate or otherwise dispose of Collateral; (e) with regard to any Deposit Account, instruct the bank maintaining such Deposit Account to pay the balance of such Deposit Account to Lender or take such other action as Lender shall instruct; and (f) with regard to any Securities Account or Commodity Account, instruct the securities intermediary maintaining such Securities Account or the commodity intermediary maintaining such Commodity Account, as applicable, to pay the balance of such Securities Account or such Commodity Account, as applicable, to Lender or take such other action as Lender shall instruct; (Intentionally Omitted); and (g) without regard to the occurrence of waste or the adequacy of security, apply for the appointment of a receiver for Grantors or any Grantor or for the assets of Grantors or any Grantor and each Grantor waives any objection to such appointment or to the right to have a bond or security posted by Lender. Each Grantor hereby waives any objection or defense to the appointment of any such receiver and any right that Grantors or any such Grantor has or may have to seek the posting of a bond or other security by Lender. 5 While an Event of Default exists: (1)Each (1) Each Grantor will deliver to Lender from time to time, as requested by Lender, current lists of all Collateral; (2)No (2) No Grantor will dispose of any Collateral except on terms approved by Lender or as otherwise agreed in writing by Lender; (3)at (3) at Lender's request, Grantors each Grantor will assemble and deliver all Collateral, and books and records pertaining thereto, to Lender at a reasonably convenient place designated by Lender; and (4)Lender (4) Lender may, without notice to Grantors, any Grantor, enter onto any a Grantor's premises and take possession of the Collateral. View More
Remedies. (a) The Parties hereby acknowledge and affirm that in the event of any breach by Executive or the Company of any of the covenants, agreements, and obligations hereunder, monetary damages would be inadequate to compensate the Parties. Accordingly, in addition to other remedies which may be available to the Parties hereunder or otherwise at law or in equity, the Parties shall be entitled to specifically enforce such covenants, obligations and restrictions through injunctive and/or equitable relief..., in each case without the posting of any bond or other security with respect thereto. Should any provision hereof be adjudged to any extent invalid by any court or tribunal of competent jurisdiction, each provision shall be deemed modified to the minimum extent necessary to render it enforceable. (b) Executive hereby acknowledges and affirms that, in the event of a breach by Executive of any of Executive's covenants, agreements, and obligations under this Separation Agreement, in addition to any other remedies which may be available to the Company hereunder or otherwise at law or in equity, the Company shall have the right to terminate any payments due hereunder and to recover of any payments previously made and rights previously granted hereunder.View More
Remedies. (a) The Parties hereby acknowledge and affirm that in the event of any breach by Executive Employee or the Company of any of the covenants, agreements, and obligations hereunder, monetary damages would be inadequate to compensate the Parties. Accordingly, in addition to other remedies which may be available to the Parties hereunder or otherwise at law or in equity, the Parties shall be entitled to specifically enforce such covenants, obligations and restrictions through injunctive and/or equitab...le relief, in each case without the posting of any bond or other security with respect thereto. Should any provision hereof be adjudged to any extent invalid by any court or tribunal of competent jurisdiction, each provision shall be deemed modified to the minimum extent necessary to render it enforceable. (b) Executive hereby acknowledges and affirms that, in the event of a breach by Executive of any of Executive's covenants, agreements, and obligations under this Separation Agreement, in addition to any other remedies which may be available to the Company hereunder or otherwise at law or in equity, the Company shall have the right to terminate any payments due hereunder and to recover of any payments previously made and rights previously granted hereunder.View More
Remedies. If (i) Executive materially fails to comply with or otherwise materially breaches any of the promises, representations, or releases in this Agreement, (ii) the Company delivers written notice to Executive that specifically identifies the event that the Company believes constitutes such non-compliance or breach, and (iii) Executive fails to cure such behavior within thirty (30) days following delivery of such notice, then the Company may stop any payments or benefits otherwise owing under this Ag...reement to the extent of the monetary damages sustained by the Company and may seek additional relief or remedy as provided under applicable law. 6 12. GOVERNING LAW. This Agreement and all rights, duties, and remedies hereunder shall be governed by and construed and enforced in accordance with the laws of the State of California, without reference to its choice of law rules, except as preempted by federal law.View More
Remedies. If (i) Executive materially fails to comply with or otherwise materially breaches any of the promises, representations, or releases in this Agreement, (ii) the Company delivers written notice to Executive that specifically identifies the event that the Company believes constitutes such non-compliance or breach, and (iii) Executive fails to cure such behavior within thirty (30) days following delivery of such notice, then the Company may stop any payments or benefits otherwise owing under this Ag...reement to the extent of the monetary damages sustained by the Company and may seek additional relief or remedy as provided under applicable law. 6 12. GOVERNING LAW. This Agreement and all rights, duties, and remedies hereunder shall be governed by and construed and enforced in accordance with the laws of the State of California, without reference to its choice of law rules, except as preempted by federal law.View More
Remedies. Upon the occurrence of an Event of Default described in Sections 9.1, 9.2, 9.3, 9.4 or 9.8 and during the continuance thereof, Holders shall have the right by notice to Maker to accelerate the payment of the principal amount and accrued and unpaid interest hereon at the Default Rate by Maker and any other amounts owing hereunder, and if such Event of Default occurs during the 18 month period commencing on the date of this Note, then payment of the Make Whole Amount, so that all such amounts are ...immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived by Maker. Upon the occurrence of an Event of Default described in Sections 9.5, 9.6, or 9.7, without any action on the part of Holders, the principal amount, accrued and unpaid interest at the Default Rate, and any other amounts owing under the Notes, and if such Event of Default occurs during the 18 month period commencing on the date of this Note, then the Make Whole Amount, shall become immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived by Maker. Upon an acceleration hereof, Holders may enforce the Notes by exercise of the rights and remedies granted to it by applicable law (including, without limiting any other rights, the right to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any 10 time owing by Holders or their respective Affiliates to or for the credit or the account of Maker against any of and all the obligations of Maker now or hereafter existing under the Notes, irrespective of whether or not Holders shall have made any demand under the Notes and although such obligations may be unmatured). No course of dealing and no delay on the part of Holders in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice Holders' rights, powers or remedies. The rights and remedies of Holders under the Notes shall be cumulative. No right, power or remedy conferred by the Notes upon Holders shall be exclusive of any other right, power or remedy referred to herein or now or hereafter available at law, in equity, by statute or otherwise. Maker shall pay all fees (including attorneys' fees), expenses and court costs incurred by Holders for any claim or controversy arising out of or relating to the Notes, including (i) in investigating any event which could be an Event of Default and (ii) in connection with the protection or enforcement of any of Holders' rights in connection with the Notes or the collection of any amounts due under the Notes.View More
Remedies. Upon the occurrence of an Event of Default described in Sections 9.1, 9.2, 9.3, 9.4 clause (a), (b), (c), (d) or 9.8 (e) of Section 4 and during the continuance thereof, Holders the Holder shall have the right by notice to Maker Payor to accelerate the payment of the principal amount and accrued and unpaid interest hereon at the Default Rate by Maker Payor and any other amounts owing hereunder, and if such Event of Default occurs during the 18 month period commencing on the date of this Note, th...en payment of the Make Whole Amount, hereunder so that all such amounts are immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived by Maker. the Payor. Upon the occurrence of an Event of Default described in Sections 9.5, 9.6, clause (f), (g) or 9.7, (h) of Section 4, without any action on the part of Holders, Holder, the principal amount, accrued and unpaid interest at the Default Rate, and any other amounts owing under the Notes, and if such Event of Default occurs during the 18 month period commencing on the date of this Note, then the Make Whole Amount, Note shall become immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived by Maker. the Payor. Upon an acceleration hereof, Holders Holder may enforce the Notes this Note by exercise of the rights and remedies granted to it by applicable law (including, without limiting any other rights, the right to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other indebtedness at any 10 time owing by Holders Holder or their respective Affiliates its affiliates to or for the credit or the account of Maker the Payor against any of and all the obligations of Maker Payor now or hereafter existing under the Notes, this Note, irrespective of whether or not Holders Holder shall have made any demand under the Notes this Note and although such obligations may be unmatured). No course of dealing and no delay on the part of Holders Holder in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice Holders' Holder's rights, powers or remedies. The rights and remedies of Holders Holder under the Notes this Note shall be cumulative. cumulative and shall include the right to convert this Note regardless of an Event of Default by Payor. No right, power or remedy conferred by the Notes this Note upon Holders Holder shall be exclusive of any other right, power or remedy referred to herein or now or hereafter available at law, in equity, by statute or otherwise. Maker Payor shall pay all fees (including attorneys' fees), expenses and court costs incurred by Holders Holder for any claim or controversy arising out of or relating to the Notes, this Note, including (i) in investigating any event which could be an Event of Default and (ii) in connection with the protection or enforcement of any of Holders' Holder's rights in connection with the Notes this Note or the collection of any amounts due under the Notes. this Note. View More
Remedies. Executive acknowledges and agrees that the Company's remedy at law for a breach or threatened breach of the provisions of the Agreement would be inadequate and, in recognition of the fact, in the event of a breach or threatened breach by Executive of any provision of the Agreement, it is agreed that, in addition to any available remedy at law, the Company shall be entitled to, without posting any bond, specific performance, a temporary restraining order, a temporary or permanent injunction, or a...ny other equitable relief or remedy which may then be available; provided, however, nothing herein shall be deemed to relieve the Company of its burden to prove grounds warranting such relief nor preclude Executive from contesting such grounds or facts in support thereof. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to it for such breach or threatened breach thereof.View More
Remedies. Executive acknowledges and agrees that the Company's remedy at law for a breach or threatened breach of the provisions of the Agreement would be inadequate and, in recognition of the fact, in the event of a breach or threatened breach by Executive of any provision of the Agreement, it is agreed that, in addition to any available remedy at law, the Company shall be entitled to, without posting any bond, specific performance, a temporary restraining order, a temporary or permanent injunction, or a...ny other equitable relief or remedy which may then be available; provided, however, nothing herein shall be deemed to relieve the Company of its burden to prove grounds warranting such relief nor preclude Executive from contesting such grounds or facts in support thereof. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to it for such breach or threatened breach thereof. 6 13. Applicable Laws and Consent to Jurisdiction. The validity, construction, interpretation, and enforceability of the Agreement shall be determined and governed by the laws of the Commonwealth of Massachusetts without giving effect to the principles of conflicts of law. For the purpose of litigating any dispute that arises under the Agreement, the parties hereby consent to exclusive jurisdiction of, and agree that such litigation shall be conducted in, any state or federal court located in the Commonwealth of Massachusetts. View More
