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. If Guarantor fails to promptly perform its obligations under this Guaranty, Lender may from time to time, and without first requiring performance by Borrower or exhausting any or all security for the Loan, bring any action at law or in equity or both to compel Guarantor to perform its obligations hereunder, and to collect in any such action compensation for all loss, cost, damage, injury and expense sustained or incurred by Lender as a direct or indirect consequence of the failure of Guarantor t...o perform its obligations together with interest thereon at the rate of interest applicable to the principal balance of the Note.View More
Remedies. If Guarantor fails to promptly perform its obligations under this Guaranty, Lender may from time to time, and without first requiring performance by Borrower or any other guarantor or without exhausting any or all security (if any) for the Loan, Loan or any Swap Agreement between Borrower and Lender, bring any action at law or in equity or both to compel Guarantor to perform its obligations hereunder, and to collect in any such action compensation for all loss, cost, damage, injury and expense s...ustained or incurred by Lender as a direct or indirect consequence of the failure of Guarantor to perform its obligations hereunder, together with interest thereon at the rate of interest applicable to the principal balance of the Note. View More
Remedies. In the event of a breach by Seller of any of its representations, warranties and covenants set forth in this Agreement, or in the event Seller otherwise defaults on its obligations hereunder, Buyer may exercise any one or more of the following remedies, to the maximum extent allowed by law: a. Require Seller to re-purchase the Account pursuant to Section 7 of this Agreement; b. Enforce Buyer's rights and remedies under the Security Agreement. c. If same can be accomplished peaceably, enter Selle...r's business premises and take possession of all books and records relating to the Accounts. d. Exercise any other rights or remedies available pursuant to this Agreement, at law or in equity.View More
Remedies. In the event of a breach by Seller of any of its representations, warranties and covenants set forth in this Agreement, or in the event Seller otherwise defaults on its obligations hereunder, Buyer may exercise any one or more of the following remedies, to the maximum extent allowed by law: a. ww. Require Seller to re-purchase the Account pursuant to Section 7 of this Agreement; b. xx. Enforce Buyer's rights and remedies under the Security Agreement. c. yy. If same can be accomplished peaceably,... enter Seller's business premises and take possession of all books and records relating to the Accounts. d. zz. Exercise any other rights or remedies available pursuant to this Agreement, at law or in equity. View More
Remedies. In the event of a breach or threatened breach by either party of any of the provisions of this Agreement, the aggrieved party shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or o...ther security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. In the event of a material breach by either party of any of the provisions of this Agreement, the parties consent and agree that the aggrieved party shall be entitled to seek, in addition to other available remedies, an award for liquidated damages for each material breach (the "Liquidated Damages"). The parties acknowledge and agree that the harm caused by a material breach would be impossible or very difficult to accurately estimate at the time of the breach and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from a material breach. Should the Employee fail to abide by any of the terms of this Agreement or post-termination obligations contained herein, or if he revokes the release contained in Section 4 within the seven-day revocation period, the Employer may, in addition to any other remedies it may have, reclaim any amounts paid to the Employee under the provisions of this Agreement or terminate any benefits or payments that are later due under this Agreement, without waiving the releases provided herein. 9 12. Successors and Assigns. (a) Assignment by the Employer Group The Employer Group may freely assign this Agreement at any time. This Agreement shall inure to the benefit of the Employer Group and its successors and assigns. (b) No Assignment by the Employee The Employee may not assign this Agreement or any part hereof. However, any benefit of this Agreement shall inure to the benefit of Employee's estate. Any purported assignment by the Employee shall be null and void from the initial date of purported assignment.View More
Remedies. (a) In the event of a breach or threatened breach by either party of any of the provisions of this Agreement, the aggrieved defaulting party hereby consents and agrees that the non-defaulting party shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not affor...d an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. In the event of a material breach by either party of any of the provisions of this Agreement, the parties consent and agree that the aggrieved party shall be entitled to seek, in addition to other available remedies, an award for liquidated damages for each material breach (the "Liquidated Damages"). The parties acknowledge and agree that the harm caused by a material breach would be impossible or very difficult to accurately estimate at the time of the breach and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from a material breach. (b) Should the Employee fail to abide by any of the terms of this Agreement or to fulfill his post-termination obligations contained herein, or if he revokes the ADEA release contained in Section 4 Paragraph 4(b) within the seven-day revocation period, period referenced therein, the Employer may, in addition to any other remedies it may have, reclaim any amounts paid to the Employee under the provisions of this Agreement or terminate any benefits or payments that are later due under this Agreement, without waiving the releases provided herein. 9 12. herein, if such failure or revocation is not resolved within 30 days of written notice from the Employer. (c) Should the Employer fail to abide by any of the terms of this Agreement or to fulfill its post termination obligations contained herein, the Employee may, in addition to any other remedies it may have, terminate the Restricted Period and terminate and be released from Employee's obligations under Paragraphs 4, 5 and 7 hereof if such failure or revocation is not resolved within 30 days of written notice from the Employee. 10 11. Successors and Assigns. (a) Assignment by the Employer Group Employer. The Employer Group may freely assign this Agreement at to any time. subsidiary or corporate affiliate in the Employer Group or otherwise, or to any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Employer. This Agreement shall inure to the benefit of the Employer Group and its permitted successors and assigns. Notwithstanding any such assignments, Employer, the Employer Group and the assignee shall be bound by all of the terms and provisions hereof. (b) No Assignment by the Employee Employee. The Employee may not assign this Agreement or any part hereof. However, any benefit of hereof, it being understood that this Agreement shall inure is personal to the benefit of Employee's estate. Employee. Any purported assignment by the Employee shall be null and void from the initial date of purported assignment. View More
Remedies. In the event of a breach or threatened breach by Executive of any provision of Sections 12, 14 or 15, Executive consents and agrees that the Company is entitled to seek injunctive relief in a court of appropriate jurisdiction, without the need to post any bond, and Executive further consents and stipulates to the entry of such injunctive relief in such a court prohibiting him from breaching this Agreement. The aforementioned equitable relief shall be in addition to, not in lieu of, the right of ...the Company to claim and recover damages in addition to injunctive relief.View More
Remedies. In the event of a breach or threatened breach by Executive of any provision of Sections 10 or 12, 14 or 15, Executive consents and agrees that the Company is entitled to seek injunctive relief in a court of appropriate jurisdiction, without the need to post any bond, and Executive further consents and stipulates to the entry of such injunctive relief in such a court prohibiting him from breaching this Agreement. bond. The aforementioned equitable relief shall be in addition to, not in lieu of, t...he right of the Company to claim and recover damages in addition to injunctive relief. View More
Remedies. Executive acknowledges and agrees that Employer Group will suffer irreparable harm in the event Executive breaches his obligations under Sections 6 and 12 of this Agreement, in that monetary damages will be difficult or impossible to measure and will be inadequate to compensate Employer Group for such breach. Accordingly, Executive agrees that in the event he breaches any of his obligations under Sections 6 and 12 of this Agreement, that (i) any future payments under Section 9 of this Agreement ...will be forfeited and (ii) he shall repay to the Employer Group any payments made under Section 9 of this Agreement during any period he is determined by a court of competent jurisdiction to have been in breach of any of his obligations under Sections 6 and 12 of this Agreement, and (iii) the Employer Group will, in addition to any other rights, remedies or damages available to Employer Group at law or in equity, be entitled to injunctive relief in order to restrain any such breach by Executive. Nothing in this Agreement is intended or should be construed as prohibiting Employer Group from pursuing or obtaining any remedies that may be available to it for breach of such obligations, and in addition to obtaining injunctive relief, Employer Group may also be entitled to recover monetary damages and other legal and equitable remedies. 15 14. Indemnification. In the event any action, suit, proceeding, investigation or inquiry, whether civil or criminal, is asserted or threatened to be asserted by any party other than the Employer Group against Executive by reason of Executive's current or prior service as an officer, director, member, executive, employee, agent or fiduciary of Employer Group, or current or prior service, at the request of Employer Group, as a director, officer, member, executive, employee, agent or fiduciary of any other corporation, partnership, joint venture, trust or other enterprise ("Proceeding"), Employer Group shall, to the fullest extent permitted by law, indemnify and hold Executive harmless from and against any and all liabilities, costs, claims, and expenses arising out of or relating to such Proceeding, including, but not limited to, attorneys' fees and other costs and expenses incurred in defense of any Proceeding. Employer Group shall pay such expenses in advance of the final disposition of any Proceeding upon receipt of: (a) a written request for payment with appropriate documentation reflecting the incurrence, nature and amount of the costs and expenses for which payment is being sought; and (b) an undertaking adequate under applicable law by or on behalf of Executive to repay the amounts so paid if it is ultimately determined that Executive is not entitled to be indemnified under this Agreement. This indemnification obligation shall survive any expiration or termination of this Agreement or Executive's employment under this Agreement and is in addition to, and not in lieu of or in limitation of, any other indemnification to which Executive may be entitled at law or in accordance with any contractual obligation or policy of Employer Group. During the Period of Employment and for a period of six (6) years thereafter, Employer Group shall purchase and maintain, at its own expense, directors and officers liability insurance providing coverage to Executive on terms that are at least equal to such coverage provided to other directors, officers or senior executives of Employer Group.View More
Remedies. Executive acknowledges and agrees that Employer Group will suffer irreparable harm in the event Executive breaches his obligations under Sections 6 and 12 of this Agreement, in that monetary damages will be difficult or impossible to measure and will be inadequate to compensate Employer Group for such breach. Accordingly, Executive agrees that in the event he breaches any of his obligations under Sections 6 and 12 of this Agreement, that (i) any future payments under Section 9 of this Agreement ...will be forfeited and (ii) he shall 15 repay to the Employer Group any payments made under Section 9 of this Agreement during any period he is determined by a court of competent jurisdiction to have been in breach of any of his obligations under Sections 6 and 12 of this Agreement, and (iii) the Employer Group will, in addition to any other rights, remedies or damages available to Employer Group at law or in equity, be entitled to injunctive relief in order to restrain any such breach by Executive. Nothing in this Agreement is intended or should be construed as prohibiting Employer Group from pursuing or obtaining any remedies that may be available to it for breach of such obligations, and in addition to obtaining injunctive relief, Employer Group may also be entitled to recover monetary damages and other legal and equitable remedies. 15 14. Indemnification. In the event any action, suit, proceeding, investigation or inquiry, whether civil or criminal, is asserted or threatened to be asserted by any party other than the Employer Group against Executive by reason of Executive's current or prior service as an officer, director, member, executive, employee, agent or fiduciary of Employer Group, or current or prior service, at the request of Employer Group, as a director, officer, member, executive, employee, agent or fiduciary of any other corporation, partnership, joint venture, trust or other enterprise ("Proceeding"), Employer Group shall, to the fullest extent permitted by law, indemnify and hold Executive harmless from and against any and all liabilities, costs, claims, and expenses arising out of or relating to such Proceeding, including, but not limited to, attorneys' fees and other costs and expenses incurred in defense of any Proceeding. Employer Group shall pay such expenses in advance of the final disposition of any Proceeding upon receipt of: (a) a written request for payment with appropriate documentation reflecting the incurrence, nature and amount of the costs and expenses for which payment is being sought; and (b) an undertaking adequate under applicable law by or on behalf of Executive to repay the amounts so paid if it is ultimately determined that Executive is not entitled to be indemnified under this Agreement. This indemnification obligation shall survive any expiration or termination of this Agreement or Executive's employment under this Agreement and is in addition to, and not in lieu of or in limitation of, any other indemnification to which Executive may be entitled at law or in accordance with any contractual obligation or policy of Employer Group. During the Period of Employment and for a period of six (6) years thereafter, Employer Group shall purchase and maintain, at its own expense, directors and officers liability insurance providing coverage to Executive on terms that are at least equal to such coverage provided to other directors, officers or senior executives of Employer Group.View More
Remedies. 6.1 Suspend Performance. Bunge may suspend its performance under this Agreement until Producer has paid all amounts due under this Agreement if Producer fails to pay any amount within 15 days after the date when such amount is due and uncured under this Agreement. 6.2 Specific Enforcement. The Parties shall have the right and remedy to seek to have the provisions of this Agreement specifically enforced by any court having equity jurisdiction without the necessity of posting any bond, it being ac...knowledged and agreed by the parties that the scope of the provisions of this Agreement are reasonable under the circumstances. 6.3 Rights Not Exclusive. Subject to Article 5, no right, power or remedy conferred by this Agreement will be exclusive of any other right, power or remedy now or hereafter available to a Party at law, in equity, by statute or otherwise.View More
Remedies. 6.1 5.1 Suspend Performance. Bunge may suspend its performance under this Agreement until Producer has paid all amounts due under this Agreement if Producer fails to pay any amount within 15 days after the date when such amount is due and uncured under this Agreement. 6.2 Specific Enforcement. The Parties shall have the right and remedy to seek to have the provisions of this Agreement specifically enforced by any court having equity jurisdiction without the necessity of posting any bond, it bein...g acknowledged and agreed by the parties that the scope of the provisions of this Agreement are reasonable under the circumstances. 6.3 5.2 Rights Not Exclusive. Subject to Article 5, no right, power or remedy conferred by this Agreement will be exclusive of any other right, power or remedy now or hereafter available to a Party at law, in equity, by statute or otherwise. View More
Remedies. 11.1. Buyer Default. In the event Buyer breaches or fails, without legal excuse, to complete the purchase of the Property or to perform its obligations under this Agreement, then Seller shall, as its exclusive remedy therefor, be entitled to receive the Deposit, plus all interest earned and accrued thereon, as liquidated damages (and not as a penalty) in lieu of, and as full compensation for, all other rights or claims of Seller against Buyer by reason of such default. Thereupon this Agreement s...hall terminate and the parties shall be relieved of all further obligations and liabilities hereunder, except as expressly set forth herein. Buyer and Seller acknowledge that the damages to Seller resulting from Buyer's breach would be difficult, if not impossible, to ascertain with any accuracy, and that the liquidated damage amount set forth in this Section represents both parties' best efforts to approximate such potential damages. 11.2. Seller Default. In the event Seller breaches or fails, without legal excuse, to complete the sale of the Property or to perform its obligations under this Agreement and such failure continues for five (5) business days after notice to Seller, Buyer may, as its sole and exclusive remedy therefor, subject to the next paragraph of this Section 11.2, either (i) enforce specific performance of this Agreement against Seller, provided that any action for specific performance shall be commenced within sixty (60) days after such default, or (ii) terminate this Agreement and receive a return of the Deposit, it being understood that if Buyer fails to commence an action for specific performance within sixty (60) days after such default, Buyer's sole remedy shall be to receive a return of the Deposit (together with any interest earned thereon). In the latter case, if requested by Seller in writing, Buyer shall deliver to Seller copies of all surveys, title commitments, engineering reports, environmental audits and other third party studies and reports generated by or for Buyer in connection with the Property, except to the extent the same are proprietary to Buyer. Notwithstanding anything to the contrary contained in this Agreement, Buyer agrees that its recourse against Seller under this Agreement or under any other agreement, document, certificate or instrument delivered by Seller to Buyer, or under any law applicable to the Property or this transaction, shall be strictly limited to Seller's interest in the Property, and 17 that in no event shall Buyer seek or obtain any recovery or judgment against any of Seller's other assets (if any) or against any of Seller's partners (or their constituent partners) or any member, director, officer, employee, beneficiary or shareholder of any of the foregoing. Buyer agrees that Seller shall have no liability to Buyer for any breach of Seller's covenants, representations or warranties hereunder or under any other agreement, document, certificate or instrument delivered by Seller to Buyer, or under any law applicable to the Property or this transaction unless the valid claims for all such breaches collectively aggregate more than One Hundred Thousand Dollars ($100,000.00), in which event the amount of such valid claims above One Hundred Thousand Dollars ($100,000.00) shall be actionable, up to the cap set forth in the following sentence. Further, Buyer agrees that any recovery against Seller for any breach of Seller's covenants, representations or warranties hereunder or under any other agreement, document, certificate or instrument delivered by Seller to Buyer, or under any law applicable to the Property or this transaction, shall be limited to Buyer's actual damages, up to (but not exceeding) Three Hundred Thousand Dollars ($300,000.00) in the aggregate, and that in no event shall Buyer be entitled to seek or obtain any other damages of any kind, including, without limitation, consequential, indirect or punitive damages.View More
Remedies. 11.1. 10.1. Buyer Default. In the event Buyer breaches or fails, without legal excuse, excuse to complete the purchase of the Property or to perform its obligations under this Agreement, then Seller shall, as its exclusive sole remedy therefor, be entitled to receive the Deposit, plus all interest earned and accrued thereon, as liquidated damages (and not as a penalty) in lieu of, and as full compensation for, all other rights or claims of Seller against Buyer by reason of such default. Thereupo...n this Agreement shall terminate and the parties shall be relieved of all further obligations and liabilities hereunder, except as expressly set forth herein. Buyer and Seller acknowledge that the damages to Seller resulting from Buyer's breach would be difficult, if not impossible, to ascertain with any accuracy, and that the liquidated damage amount set forth in this Section represents both parties' best efforts to approximate such potential damages. 11.2. 10.2. Seller Default. In the event Seller breaches or fails, without legal excuse, to complete the sale of the Property or to perform its obligations under this Agreement and such failure continues for five (5) business days after notice to Seller, Agreement, Buyer may, as its sole and exclusive remedy remedies therefor, subject to the next paragraph of this Section 11.2, 10.2, either (i) enforce specific performance of this Agreement against Seller, provided that any action for specific performance shall be commenced within sixty (60) days after such default, or (ii) terminate this Agreement and receive a return of the Deposit, it being understood that if Buyer fails to commence an action for specific performance within sixty (60) days after such default, Buyer's sole remedy shall be to Agreement, receive a return of the Deposit (together and be paid by Seller Buyer's actual and verifiable third party out-of-pocket costs relating directly to this transaction, in an amount not to exceed $150,000.00; provided, however, if Seller's breach or failure to complete the sale of the Property is intentional, deliberate and willful, in addition to the foregoing, Seller shall reimburse Buyer the sum of any non-refundable commitment or rate lock fee paid by Buyer in connection with any interest earned thereon). its financing of the Property, not to exceed one percent (1%) of the Purchase Price. In the latter case, case (foregoing clause (ii) of this Section 10.2), if requested by Seller in writing, Buyer shall deliver to Seller copies of all surveys, title commitments, engineering reports, environmental audits and other third party studies and reports generated by or for Buyer in connection with the Property, except to the extent the same are proprietary to Buyer. Notwithstanding anything to the contrary contained in this Agreement, Buyer agrees that its recourse against Seller under this Agreement or under any other agreement, document, certificate or instrument delivered by Seller to Buyer, or under any law applicable to the Property or this transaction, shall be strictly limited to Seller's interest in the Property, and 17 that in no event shall Buyer seek or obtain any recovery or judgment against any of Seller's other assets (if any) or against any of Seller's partners (or their constituent partners) or any member, director, officer, employee, beneficiary or shareholder of any of the foregoing. Buyer agrees that Seller shall have no liability to Buyer for any breach of Seller's covenants, representations or warranties hereunder or under any other agreement, document, certificate or instrument delivered by Seller to Buyer, or under any law applicable to the Property or this transaction unless the valid claims for all such breaches collectively aggregate more than One Hundred Thousand Dollars ($100,000.00), in which event the amount of such valid claims above One Hundred Thousand Dollars ($100,000.00) shall be actionable, up to the cap documents as set forth in the following sentence. Further, Buyer agrees that last sentence of the first paragraph of Section 4.4. In the event of any recovery against material breach by Seller for of any breach of Seller's covenants, such representations or warranties hereunder or under any other agreement, document, certificate or instrument delivered material breach by Seller to Buyer, of any other provision of this Agreement or under any law applicable agreement delivered in connection herewith (other than the Deed) discovered after Closing, Seller shall be liable only for direct and actual damages suffered by Buyer on account of Seller's breach, up to the Property or this transaction, applicable limits described hereunder, and shall be limited to Buyer's actual damages, up to (but not exceeding) Three Hundred Thousand Dollars ($300,000.00) in the aggregate, and that in no event shall Buyer be entitled to seek liable for any indirect, consequential or obtain any other punitive damages on account of Seller's breach of any kind, representation or warranty contained in this Agreement. 18 11. Confidentiality. Buyer agrees to keep confidential and not to use, other than in connection with its determination whether to proceed with the purchase of the Property in accordance with Section 4.4 hereof, any of the documents, material or information regarding the Property supplied to Buyer by Seller or by any third party at Seller's request, including, without limitation any environmental site assessment reports furnished to Buyer except to Buyer's consultants on a "need to know" basis. In addition, prior to and after the Closing, neither Buyer nor Seller shall not issue any press release or other information to the public regarding the transaction contemplated herein, except as may be expressly approved in advance by the other party. Notwithstanding the foregoing, Buyer and Seller shall be permitted to make such disclosures as are required by the law, including the securities laws and laws relating to financial reporting. Each party agrees to indemnify and hold harmless the other party from and against any and all losses, damages, claims and liabilities of any kind (including, without limitation, consequential, indirect reasonable attorneys' fees) arising out of such party's breach of this Section 11. The provisions of this Section 11 shall survive the Closing or punitive damages. earlier termination of this Agreement. View More
Remedies. I agree that a breach of any of my promises in this Agreement would irreparably damage the Company. Accordingly, I understand that the Company reserves the right to take prompt court action to stop any breach or threatened breach of this Agreement. 3.2 Accrual and Payment of Commissions Conditioned on Compliance with Agreement. Notwithstanding any agreement to the contrary, I agree that the accrual and payment of any commissions to me are conditioned on my compliance with this Agreement. I autho...rize the Company to withhold any commissions where the Company forms a reasonable, good faith belief that I have breached this Agreement. Under the above circumstances, said commissions may be held by the Company, pending a final determination by a court or arbitrator, as the case may be, as to whether I have violated this Agreement. In the event of a final determination that I did not violate this Agreement, the Company will promptly pay over to me the commissions in dispute, including any interest earned thereon calculated at a rate of six percent per annum. In the event of a final determination that I violated this Agreement, any commissions withheld will become the exclusive property of the Company. This section 3.2 will constitute a written authorization for withholding of wages pursuant to Hawaii Revised Statutes section 388-6. 3.3 Attorney Fees. In the event of any breach of this Agreement, the prevailing party will be entitled to an award of all costs and attorneys' fees reasonably incurred in defending or enforcing the prevailing party's rights. Attorney's fees will not be limited by the amount of monetary relief received. 3 4. EMPLOYMENT AT-WILL I acknowledge and agree that this Agreement does not alter the employment at-will relationship. I affirm that either I or the Company may terminate the employment relationship at any time, with or without notice, and with or without cause. As a courtesy, however, to the extent feasible I will try to give the Company 30 days advance notice prior to a voluntary employment separation.View More
Remedies. I agree that a breach of any of my promises in this Agreement would irreparably damage the Company. Accordingly, I understand that the Company reserves the right to take prompt court action to stop any breach or threatened breach of this Agreement. 3.2 Accrual and Payment of Commissions Conditioned on Compliance with Agreement. Notwithstanding any agreement to the contrary, I agree that the accrual and payment of any commissions to me are conditioned on my compliance with this Agreement. I autho...rize the Company to withhold any commissions where the Company forms a reasonable, good faith belief that I have breached this Agreement. Under the above circumstances, said commissions may be held by the Company, pending a final determination by a court or arbitrator, as the case may be, as to whether I have violated this Agreement. In the event of a final determination that I did not violate this Agreement, the Company will promptly pay over to me the commissions in dispute, including any interest earned thereon calculated at a rate of six percent per annum. In the event of a final determination that I violated this Agreement, any commissions withheld will become the exclusive property of the Company. This section 3.2 will constitute a written authorization for withholding of wages pursuant to Hawaii Revised Statutes section 388-6. 3.3 Attorney Fees. In the event of any breach of this Agreement, the prevailing party will be entitled to an award of all costs and attorneys' fees reasonably incurred in defending or enforcing the prevailing party's rights. Attorney's fees will not be limited by the amount of monetary relief received. 3 4. EMPLOYMENT AT-WILL I acknowledge and agree that this Agreement does not alter the employment at-will relationship. I affirm that either I or the Company may terminate the employment relationship at any time, with or without notice, and with or without cause. As a courtesy, however, to the extent feasible I will try to give the Company 30 days advance notice prior to a voluntary employment separation.View More
Remedies. Executive recognizes that a breach or threatened breach by Executive of Section 8 or Section 9 of this Agreement will give rise to irreparable injury to the Company and that money damages will not be adequate relief for such injury. Notwithstanding Section 15.8 of this Agreement, Executive agrees that the Company shall be entitled to obtain injunctive relief, including, but not limited to, temporary restraining orders, preliminary injunctions and/or permanent injunctions, without having to post ...any bond or other security, to restrain or prohibit such breach or threatened breach, in addition to any other legal remedies which may be available, including the recovery of money damages.View More
Remedies. Executive recognizes acknowledges that a breach or threatened breach by Executive of Section 8 8, Section 9 or Section 9 10 of this Agreement will give rise to irreparable injury to the Company and that money damages will not be adequate relief for such injury. Notwithstanding Section 15.8 of this Agreement, injury and, accordingly, Executive agrees that the Company shall be entitled to obtain injunctive equitable relief, including, but not limited to, temporary restraining orders, preliminary i...njunctions and/or permanent injunctions, without having to post any bond or other security, to restrain or prohibit such breach or threatened breach, in addition to any other legal remedies which may be available, including the recovery of money damages. View More
Remedies. Employee acknowledges and agrees that the Employer will suffer irreparable damage if any of the provisions of paragraphs 5, 12 or 13 of this Agreement and Release are breached and that the Employer's remedies at law for a breach of such provisions would be inadequate and, in recognition of this fact, Employee agrees that, in the event of such a breach, in addition to any remedies at law, the Employer will be entitled to obtain equitable relief in the form of specific performance, temporary restr...aining order, a temporary or permanent injunction or any other equitable remedy which may then be available.View More
Remedies. Employee acknowledges and agrees that the Employer will suffer irreparable damage if any of the provisions of paragraphs 5, 6, 7, 11 or 12 or 13 of this Agreement and Release are breached and that the Employer's remedies at law for a breach of such provisions would be inadequate and, in recognition of this fact, Employee agrees that, in the event of such a breach, in addition to any remedies at law, the Employer will be entitled to obtain equitable relief in the form of specific performance, tem...porary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available. View More
