Remedies Contract Clauses (5,778)

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. The Executive agrees that the restrictions set forth in this Agreement are fair and reasonable. The covenants set forth in this Agreement are not dependent covenants and any claim against the Bank Group, whether arising out of this Agreement or any other agreement or contract between the Bank and Executive, shall not be a defense to a claim against Executive for a breach or alleged breach of any of the covenants of Executive contained in this Agreement. It is expressly understood by and between ...the parties hereto that the covenants contained in this Agreement shall be deemed to be a series of separate covenants. The Executive understands and agrees that if any of the separate covenants are judicially held invalid or unenforceable, such holding shall not release Executive from Executive's obligations under the remaining covenants of this Agreement. If in any judicial proceedings, a court shall refuse to enforce any or all of the separate covenants because taken together they are more extensive (whether as to geographic area, duration, scope of business or otherwise) than necessary to protect the business and goodwill of the Bank Group, it is expressly understood and agreed between the parties hereto that those separate covenants which, if eliminated or restricted, would permit the remaining separate covenants or the restricted separate covenant to be enforced in such proceeding shall, for the purposes of such proceeding, be eliminated from the provisions of this Agreement or restriction, as the ease may be. 6 16. Invalid Provision. In the event any provision should be or become invalid or unenforceable, such facts shall not affect the validity and enforceability of any other provision of this Agreement. Similarly, if the scope of any restriction or covenant contained herein should be or become too broad or extensive to permit enforcement thereof to its full extent, then any such restriction or covenant shall be enforced to the maximum extent permitted by law, and Executive hereby consents and agrees that the scope of any such restriction or covenant may be modified accordingly in any judicial proceeding brought to enforce such restriction or covenant. View More
Found in Professional Holding Corp. contract
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Remedies. The Executive agrees that the restrictions set forth in this Agreement are fair and reasonable. The covenants set forth in this Agreement are not dependent covenants and any claim against the Bank Group, whether arising out of this Agreement or any other agreement or contract between the Bank and Executive, shall not be a defense to a claim against Executive for a breach or alleged breach of any of the covenants of Executive contained in this Agreement. It is expressly understood by and between ...the parties hereto that the covenants contained in this Agreement shall be deemed to be a series of separate covenants. The Executive understands and agrees that if any of the separate covenants are judicially held invalid or unenforceable, such holding shall not release Executive from Executive's obligations under the remaining covenants of this Agreement. If in any judicial proceedings, a court shall refuse to enforce any or all of the separate covenants because taken together they are more extensive (whether as to geographic area, duration, scope of business or otherwise) than necessary to protect the business and goodwill of the Bank Group, it is expressly understood and agreed between the parties hereto that those separate covenants which, if eliminated or restricted, would permit the remaining separate covenants or the restricted separate covenant to be enforced in such proceeding shall, for the purposes of such proceeding, be eliminated from the provisions of this Agreement or restriction, as the ease may be. 6 16. Invalid Provision. In the event any provision should be or become invalid or unenforceable, such facts shall not affect the validity and enforceability of any other provision of this Agreement. Similarly, if the scope of any restriction or covenant contained herein should be or become too broad or extensive to permit enforcement thereof to its full extent, then any such restriction or covenant shall be enforced to the maximum extent permitted by law, and Executive hereby consents and agrees that the scope of any such restriction or covenant may be modified accordingly in any judicial proceeding brought to enforce such restriction or covenant. View More
Found in Professional Holding Corp. contract
Remedies. The Executive Officer agrees that the restrictions set forth in this Agreement are fair and reasonable. The covenants set forth in this Agreement are not dependent covenants and any claim against the Bank Group, Corporation or the Bank, whether arising out of this Agreement or any other agreement or contract between the Corporation or the Bank and Executive, Officer, shall not be a defense to a claim against Executive Officer for a breach or alleged breach of any of the covenants of Executive Of...ficer contained in this Agreement. It is expressly understood by and between the parties hereto that the covenants contained in this Agreement shall be deemed to be a series of separate covenants. The Executive Officer understands and agrees that if any of the separate covenants are judicially held invalid or unenforceable, such holding shall not release Executive Officer from Executive's Officer's obligations under the remaining covenants of this Agreement. If in any judicial proceedings, a court shall refuse to enforce any or all of the separate covenants because taken together they are more extensive (whether as to geographic area, duration, scope of business or otherwise) than necessary to protect the business and goodwill of the Bank Group, Corporation and the Bank, it is expressly understood and agreed between the parties hereto that those separate covenants which, if eliminated or restricted, would permit the remaining separate covenants or the restricted separate covenant to be enforced in such proceeding shall, for the purposes of such proceeding, be eliminated from the provisions of this Agreement or restriction, as the ease case may be. 6 16. Invalid Provision. In the event any provision should be or become invalid or unenforceable, such facts shall not affect the validity and enforceability of any other provision of this Agreement. Similarly, if the scope of any restriction or covenant contained herein should be or become too broad or extensive to permit enforcement thereof to its full extent, then any such restriction or covenant shall be enforced to the maximum extent permitted by law, and Executive hereby consents and agrees that the scope of any such restriction or covenant may be modified accordingly in any judicial proceeding brought to enforce such restriction or covenant. View More
Found in Sunshine Bancorp, Inc. contract
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Remedies. In the event the Executive initiates or voluntarily participates in any Proceeding in violation of this Agreement, or if she fails to abide by any of the terms of this Agreement or her post-termination obligations contained in the Employment Agreement, the Company may, in addition to any other remedies it may have, reclaim any amounts paid to her under the termination provisions of the Employment Agreement and terminate any benefits or payments that are subsequently due under the Employment Agre...ement, except as prohibited by the ADEA and OWBPA, without waiving the release granted herein. The Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of her post-termination obligations under the Employment Agreement or her obligations under paragraphs 2 and 3 herein would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company may have at law or in equity or as may otherwise be set forth in the Employment Agreement, the Company shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from breaching her post-termination obligations under the Employment Agreement or her obligations under paragraphs 2 and 3 herein. Such injunctive relief in any court shall be available to the Company, in lieu of, or prior to or pending determination in, any arbitration proceeding. The Executive understands that by entering into this Agreement she shall be limiting the availability of certain remedies that she may have against the Company and limiting also her ability to pursue certain claims against the Company. View More
Found in CBS CORP contract
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Remedies. In the event that (i) the Executive initiates or voluntarily participates in any Proceeding in violation of this Agreement, or if she (ii) he fails to abide by any of the terms of this Agreement or her his post-termination obligations contained in the Employment Agreement, or (iii) he revokes the Company ADEA release contained in Section 2(b) within the seven-day period provided under Section 2(b), the Employer may, in addition to any other remedies it may have, reclaim any amounts paid to her h...im under the termination provisions of the Employment Agreement and or terminate any benefits or payments that are subsequently due under the Employment Agreement, except as prohibited Agreement; any such reclamation or termination by the ADEA and OWBPA, without waiving Employer in accordance with this Section 4 shall not operate as a waiver of the release granted herein. herein in the circumstances described in the foregoing clauses (i) and (ii). The Executive acknowledges and agrees that the remedy at law available to the Company Employer for breach of any of her his post-termination obligations B-2 under the Employment Agreement or her his obligations under paragraphs Sections 2 and 3 herein would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured measurement in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company Employer may have at law or in equity or as may otherwise be set forth in the Employment Agreement, the Company Employer shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from breaching her his post-termination obligations under the Employment Agreement or her his obligations under paragraphs Sections 2 and 3 herein. Such injunctive relief in any court shall be available to the Company, Employer, in lieu of, or prior to or pending determination in, any arbitration proceeding. The Executive understands that by entering into this Agreement she he shall be limiting the availability of certain remedies that she he may have against the Company Employer and limiting also her his ability to pursue certain claims against the Company. Employer. View More
Found in FIRST ADVANTAGE CORP contract
Remedies. In the event the Executive initiates or voluntarily participates in any Proceeding in violation of this Agreement, or if she the Executive fails to abide by any of the terms of this Agreement or her the Executive's post-termination obligations contained in the Employment Agreement, the Company may, in addition to any other remedies it may have, reclaim any amounts paid to her the Executive under the termination provisions of the Employment Agreement and terminate any benefits or payments that ar...e subsequently due under the Employment Agreement, except as prohibited by the ADEA and OWBPA, without waiving the release granted herein. The Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of her the Executive's post-termination obligations under the Employment Agreement or her the Executive's obligations under paragraphs 2 and 3 herein would 2 45 days in a RIF scenario be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company may have at law or in equity or as may otherwise be set forth in the Employment Agreement, the Company shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from breaching her the Executive's post-termination obligations under the Employment Agreement or her the Executive's obligations under paragraphs 2 and 3 herein. Such injunctive relief in any court shall be available to the Company, in lieu of, or prior to or pending determination in, any arbitration proceeding. The proceeding.The Executive understands that by entering into this Agreement she the Executive shall be limiting the availability of certain remedies that she the Executive may have against the Company and limiting also her the Executive's ability to pursue certain claims against the Company. Company.5. Severability Clause. In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, shall be inoperative.6. Nonadmission. Nothing contained in this Agreement shall be deemed or construed as an admission of wrongdoing or liability on the part of the Company.7. GOVERNING LAW AND FORUM. The Executive acknowledges that this Agreement has been executed, in whole or in part, in New York. Accordingly, the Executive agrees that this Agreement and all matters or issues arising out of or relating to the Executive's employment with the Company shall be governed by the laws of the State of New York applicable to contracts entered into and performed entirely therein. Any action to enforce or otherwise relating to this Agreement and the rights and obligations hereunder shall be brought solely in the state or federal courts located in the City of New York, Borough of Manhattan.8. Notices. Notices under this Agreement must be given in writing, by personal delivery, regular mail or receipted email, at the parties' respective addresses shown on this Agreement (or any other address designated in writing by either party), with a copy, in the case of the Company, to the attention of the ViacomCBS General Counsel. Any notice given by regular mail shall be deemed to have been given three (3) days following such mailing.THE EXECUTIVE ACKNOWLEDGES THAT THE EXECUTIVE HAS READ THIS AGREEMENT AND THAT THE EXECUTIVE FULLY KNOWS, UNDERSTANDS AND APPRECIATES ITS CONTENTS, AND THAT THE EXECUTIVE HEREBY EXECUTES THE SAME AND MAKES THIS AGREEMENT AND THE RELEASE AND AGREEMENTS PROVIDED FOR HEREIN VOLUNTARILY AND OF THE EXECUTIVE'S OWN FREE WILL. View More
Found in CBS CORP contract
Remedies. (a) In the event the Executive initiates or voluntarily participates in any Proceeding involving any of the matters waived or released in violation of this Agreement, or if she fails to abide by any of the terms of this Agreement, or if she revokes her prior execution of this Agreement or her post-termination obligations contained in within the Employment Agreement, seven (7)-day period described below, the Company may, in addition to any other remedies it may have, reclaim any amounts paid to h...er under the termination provisions of the Employment Agreement her, and terminate any benefits or payments that are subsequently due under pursuant to the Employment termination provisions of the Agreement, except without waiving the release granted herein. In addition, in the event that the Executive has failed to comply with the Restrictive Covenants (other than as prohibited by a result of an unintentional and immaterial disclosure of confidential information), the ADEA Company may, in addition to any other remedies it may have, to the extent permitted in the Agreement and OWBPA, the Option Agreements reclaim any amounts paid to her pursuant to the Agreement or the Option Agreements, without waiving the release granted herein. The Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of her post-termination obligations under the Employment Agreement or any of the Applicable Agreements or her obligations under paragraphs 2 and 3 herein hereunder or thereunder would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company may have at law or in equity or as may otherwise be set forth in the Employment Agreement, equity, the Company shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from breaching her post-termination post- termination obligations under the Employment Agreement or any of the Applicable Agreements or her obligations under paragraphs 2 and 3 herein. hereunder or thereunder. Such injunctive relief in any court shall be available to the Company, in lieu of, or prior to or pending determination in, any arbitration proceeding. (b) The Executive understands that by entering into this Agreement she shall will be limiting the availability of certain remedies that she may have against the Company and limiting also her ability to pursue certain claims against the Company. (c) The Company acknowledges and agrees that the remedy at law available to the Executive for breach of any of its post-termination obligations under the Agreement or any of the Applicable Agreements or its obligations hereunder or thereunder would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Company acknowledges, consents and agrees that, in addition to any other rights or remedies that the Executive may have at law or in equity, the Executive shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Company from breaching its post-termination obligations under the Agreement or any of the Applicable Agreements or its obligations hereunder or thereunder. Such injunctive relief in any court shall be available to the Executive, in lieu of, or prior to or pending determination in, any arbitration proceeding. (d) The Company understands that by entering into this Agreement it will be limiting the availability of certain remedies that it may have against the Executive and limiting also its ability to pursue certain claims against the Executive. View More
Found in THESTREET, INC. contract
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Remedies. The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Buyer by vitiating the intent and purpose of the transaction contemplated hereby. Accordingly, the Company acknowledges that the remedy at law for a breach of its obligations under this Agreement will be inadequate and agrees, in the event of a breach or threatened breach by the Company of the provisions of this Agreement, that the Buyer shall be entitled, in addition to all other availab...le remedies at law or in equity, and in addition to the penalties assessable herein, to an injunction or injunctions restraining, preventing or curing any breach of this Agreement and to enforce specifically the terms and provisions hereof, without the necessity of showing economic loss and without any bond or other security being required. View More
Found in NanoFlex Power Corp contract
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Remedies. The Company Borrower acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Buyer Holder, by vitiating violating the intent and purpose of the transaction contemplated hereby. Accordingly, the Company Borrower acknowledges that the remedy at law for a breach of its obligations under this Agreement Note will be inadequate and agrees, in the event of a breach or threatened breach by the Company Borrower of the provisions of this Agreement, Note, that the B...uyer Holder shall be entitled, in addition to all other available remedies at law or in equity, and in addition to the penalties assessable herein, to an injunction or injunctions restraining, preventing or curing any breach of this Agreement Note and to enforce specifically the terms and provisions hereof, thereof, without the necessity of showing economic loss and without any bond or other security being required. Altair International Corp, Loan Agreement - $100,000 EROP Enterprises, LLC 16.Amendment and Waiver. This Note, or any provision of this Note, may only be amended or waived if set forth in a writing executed by the Borrower and Holder. The waiver by Holder of a breach of any provision of this Note shall not operate or be construed as a waiver of any other breach. View More
Found in ALTAIR INTERNATIONAL CORP. contract
Remedies. The Company Each Party acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Buyer other Party by vitiating the intent and purpose of the transaction contemplated hereby. Accordingly, the Company each Party acknowledges that the remedy at law for a breach of its obligations under this Agreement will be inadequate and agrees, in the event of a breach or threatened breach by the Company such Party of the provisions of this Agreement, that the Buyer other ...Party shall be entitled, in addition to all other available remedies at law or in equity, and in addition to the penalties assessable herein, to an injunction or injunctions restraining, preventing or curing any breach of this Agreement and to enforce specifically the terms and provisions hereof, without the necessity of showing economic loss and without any bond or other security being required. m. Expenses. Unless otherwise contemplated or stipulated by a Transaction Document, all costs and expenses incurred in connection with this Agreement shall be paid by the Party incurring such cost or expense. View More
Found in Tongji Healthcare Group, Inc. contract
Remedies. The Company Borrower acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Buyer Lender, by vitiating the intent and purpose of the transaction contemplated hereby. Accordingly, the Company Borrower acknowledges that the remedy at law for a breach of its obligations under this Agreement Note will be inadequate and agrees, in the event of a breach or threatened breach by the Company Borrower of the provisions of this Agreement, Note, that the Buyer Lende...r shall be entitled, in addition to all other available remedies at law or in equity, and in addition to the penalties assessable herein, to an injunction or injunctions restraining, preventing or curing any breach of this Agreement Note and to enforce specifically the terms and provisions hereof, thereof, without the necessity of showing economic loss and without any bond or other security being required. View More
Found in RenovaCare, Inc. contract
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Remedies. The parties to this Agreement shall be entitled to recover from each other reasonable attorneys' fees incurred in connection with the successful enforcement of the terms and provisions of this Agreement whether by an action to enforce specific performance or for damages for its breach or otherwise.
Found in Sailpoint Technologies Holdings, Inc. contract
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Remedies. The parties to this Agreement Company shall be entitled to recover from each other you reasonable attorneys' fees incurred in connection with the successful enforcement of the terms and provisions of this Agreement whether by an action to enforce specific performance or for damages for its breach or otherwise.
Found in DropCar, Inc. contract
Remedies. The parties to this Agreement Company shall be entitled to recover from each other you reasonable attorneys' fees incurred in connection with the successful enforcement of the terms and provisions of this Agreement Agreement, whether by an action to enforce specific performance or for damages for its breach or otherwise.
Found in CS Disco, Inc. contract
Remedies. The parties to this Agreement You shall be entitled to recover from each other the Corporation reasonable attorneys' fees incurred in connection with the successful enforcement of the terms and provisions of this Agreement Warrant, whether by an action to enforce specific performance or for damages for its breach or otherwise.
Found in Andover National Corp contract
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Remedies. In any action or proceeding arising out of any of the provisions of this Agreement, the Trading Advisor agrees not to seek any prejudgment equitable or ancillary relief. The Trading Advisor agrees that its sole remedy in any such action or proceeding shall be to seek actual monetary damages for any breach of this Agreement, except that Trading Advisor may seek a declaratory judgment with respect to the indemnification provisions of this Agreement. 24 26. Headings. Headings to sections herein are... for the convenience of the parties only and are not intended to be part of or to affect the meaning or interpretation of this Agreement. View More
Found in Polaris Futures Fund L.P. contract
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Remedies. In any action or proceeding arising out of any of the provisions of this Agreement, the Trading Advisor agrees not to seek any prejudgment equitable or ancillary relief. The Trading Advisor agrees that its sole remedy in any such action or proceeding shall be to seek actual monetary damages for any breach of this Agreement, except that Trading Advisor may seek a declaratory judgment with respect to the indemnification provisions of this Agreement. 24 26. Headings. Headings to sections herein are... for the convenience of the parties only and are not intended to be part of or to affect the meaning or interpretation of this Agreement. View More
Found in RJO GLOBAL TRUST contract
Remedies. In any action or proceeding arising out of any of the provisions of this Agreement, the Trading Advisor agrees not to seek any prejudgment equitable or ancillary relief. The Trading Advisor agrees that its sole remedy in any such action or proceeding shall be to seek actual monetary damages for any breach of this Agreement, except that Trading Advisor may seek a declaratory judgment with respect to the indemnification provisions of this Agreement. 24 26. Headings. Headings to sections herein are... for the convenience of the parties only and are not intended to be part of or to affect the meaning or interpretation of this Agreement. View More
Found in CERES TACTICAL SYSTEMATIC L.P. contract
Remedies. In any action or proceeding arising out of any of the provisions of this Agreement, the Trading Advisor agrees Advisor, Trading Manager and Trading Company each agree not to seek any prejudgment equitable or ancillary relief. The Trading Advisor agrees Advisor, Trading Manager and Trading Company each agree that its sole remedy in any such action or proceeding shall be to seek actual monetary damages for any breach of this Agreement, except that Trading Advisor any of the parties may seek a decl...aratory judgment with respect to the indemnification provisions of this Agreement. 24 26. Headings. Headings to sections herein are for the convenience of the parties only and are not intended to be part of or to affect the meaning or interpretation of this Agreement. View More
Found in CERES ORION L.P. contract
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Remedies. The Executive acknowledges that the restrictions contained in this Agreement are reasonable and necessary to protect the Company's legitimate business interests and that any violation of the provisions contained herein would result in irreparable injury to the Company and that monetary damages may not be sufficient to compensate the Company for any economic loss which may be incurred by reason of breach of the restrictions contained herein. In the event of a breach or a threatened breach by the ...Executive of any provision contained herein, the Company shall be entitled to a temporary restraining order and injunctive relief restraining the Executive from the commission of any breach, shall not be required to provide any bond or other security in connection with obtaining any such equitable remedy and shall be entitled to recover the Company's reasonable attorneys' fees, costs and expenses related to the breach or threatened breach. Nothing contained in this Section 12 shall be construed as prohibiting the Company from pursuing any other remedies available to it for any breach or threatened breach, including, without limitation, the recovery of money damages. View More
Found in Amplify Snack Brands, INC contract
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Remedies. The Executive acknowledges that the restrictions contained in this Agreement are reasonable and necessary to protect the Company's legitimate business interests and that any violation of the provisions contained herein would may result in irreparable injury to the Company and that monetary damages may not be sufficient to compensate the Company for any economic loss which may be incurred by reason of breach of the restrictions contained herein. In the event of a breach or a threatened breach by ...the Executive of any provision contained herein, the Company shall be entitled to a temporary restraining order and injunctive relief restraining the Executive from the commission of any breach, shall not be required to provide any bond or other security in connection with obtaining any such equitable remedy and shall be entitled to recover the Company's reasonable attorneys' fees, costs and expenses related to the breach or threatened breach. Nothing contained in this Section 12 119 shall be construed as prohibiting the Company from pursuing any other remedies available to it for any breach or threatened breach, including, without limitation, the recovery of money damages. In the event of a breach by Executive of any covenants contained herein, the term of such covenant shall be tolled until such breach has been duly cured. 13 12. Withholding. All payments made by the Company to the Executive under this Agreement shall be net of any tax or other amounts required to be withheld by the Company under applicable law. View More
Found in Deciphera Pharmaceuticals, Inc. contract
Remedies. The Executive acknowledges that the restrictions contained in Paragraphs 7, 8 and 9 of this Agreement are reasonable and necessary to protect the Company's legitimate business interests and that any violation of the provisions contained herein would result in irreparable injury to the Company and that monetary damages may not be sufficient to compensate the Company for any economic loss which may be incurred by reason of breach of the restrictions contained herein. In the event of a breach or a ...threatened breach by the Executive of any provision contained herein, the Company shall be entitled to a temporary restraining order and injunctive relief restraining the Executive from the commission of any breach, shall not be provided all of the elements required to provide any bond or other security in connection with by law for obtaining any such equitable remedy and relief are met. The prevailing party in such action shall be entitled to recover the Company's its/her reasonable attorneys' fees, costs and expenses related to from the breach or threatened breach. non-prevailing party. Nothing contained in this Section 12 11 shall be construed as prohibiting the Company from pursuing any other remedies available to it for any breach or threatened breach, including, without limitation, the recovery of money damages. View More
Found in Amplify Snack Brands, INC contract
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Remedies. 4.1. Generally. The parties shall have all remedies available at law, in equity or otherwise in the event of any breach or violation of this Agreement or any default hereunder. The parties acknowledge and agree that in the event of any breach of this Agreement, in addition to any other remedies which may be available, each of the parties hereto shall be entitled to specific performance of the obligations of the other parties hereto and, in addition, to such other equitable remedies (including pr...eliminary or temporary relief) as may be appropriate in the circumstances. View More
Found in The Michaels Companies Inc contract
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Remedies. 4.1. Generally. The parties shall Company and each Stockholder will have all remedies available at law, in equity or otherwise in the event of any breach or violation of this Agreement or any default hereunder. hereunder by the Company or any Stockholder. The parties acknowledge and agree that in the event of any breach of this Agreement, in addition to any other remedies which that may be available, each of the parties hereto shall will be entitled to specific performance of the obligations of ...the other parties hereto and, in addition, to such other equitable remedies (including preliminary or temporary relief) as may be appropriate in the circumstances. View More
Found in LifeStance Health Group, Inc. contract
Remedies. 4.1. 4.1 Generally. The parties Company and all holders of Securities and Legacy Warrant Securities shall have all remedies available at law, in equity or otherwise in the event of any breach or violation of this Agreement or any default hereunder. hereunder by the Company, any holder of Securities or any holder of Legacy Warrant Securities. The parties acknowledge and agree that in the event of any breach of this Agreement, in addition to any other remedies which may be available, each of the p...arties hereto shall be entitled to specific performance of the obligations of the other parties hereto and, in addition, to such other equitable remedies (including (including, without limitation, preliminary or temporary relief) as may be appropriate in the circumstances. View More
Found in iFit Health & Fitness Inc contract
Remedies. 4.1. 7.1. Generally. The parties Company and each holder of Shares shall have all remedies available at law, in equity or otherwise in the event of any breach or violation of this Agreement or any default hereunder. hereunder by the Company or any holder of Shares. The parties acknowledge and agree that in the event of any breach of this Agreement, in addition to any other remedies which may be available, each of the parties hereto shall be entitled to specific performance of the obligations of ...the other parties hereto and, in addition, to such other equitable remedies (including preliminary or temporary relief) as may be appropriate in the circumstances. View More
Found in inVentiv Group Holdings, Inc. contract
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Remedies. Except as otherwise expressly provided herein, none of the remedies set forth in this Agreement are intended to be exclusive, and each party will have all other remedies now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. 13 20. Section Headings. The section headings in this Agreement are included for convenience only, are not a part of this Agreement and will ...not be used in construing it. View More
Found in ORIGINCLEAR, INC. contract
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Remedies. Except as otherwise expressly provided herein, none of the remedies set forth in this Agreement are intended to be exclusive, and each party will have all other remedies now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. 13 20. Section Headings. The section headings in this Agreement are included for convenience only, are not a part of this Agreement and will ...not be used in construing it. View More
Found in XSUNX INC contract
Remedies. Except as otherwise expressly provided herein, none of the remedies set forth in this Agreement are intended to be exclusive, and each party will have all other remedies now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. 13 20. Section Headings. The section headings in this Agreement are included for convenience only, are not a part of this Agreement and will ...not be used in construing it. View More
Found in GLOBAL TECH INDUSTRIES GROUP, INC. contract
Remedies. Except as otherwise expressly provided herein, none of the remedies set forth in this Agreement are intended to be exclusive, and each party will have all other remedies now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. 13 20. Section Headings. The section headings in this Agreement are included for convenience only, are not a part of this Agreement and will ...not be used in construing it. View More
Found in Quest Solution, Inc. contract
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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
Found in Matinas BioPharma Holdings, Inc. contract
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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
Found in Corbus Pharmaceuticals Holdings, Inc. contract
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
Found in DelMar Pharmaceuticals, Inc. contract
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
Found in Revolution Lighting Technologies, Inc. contract
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Remedies. Employee agrees that if Employee fails to fulfill Employee's obligations under this Agreement, including, without limitation, the Non-Competition and Non-Solicitation obligations set forth in paragraph 4, the damages to the Bank or any of its Affiliates would be very difficult or impossible to determine. Therefore, in addition to any other rights or remedies available to the Bank at law, in equity or by statute, Employee hereby consents to the specific enforcement by the Bank of this Agreement t...hrough an injunction or restraining order issued by an appropriate court, without the necessity of proving actual damages, and Employee hereby waives as a defense to any equitable action the allegation that the Bank has an adequate remedy at law. The provisions of this paragraph shall not diminish the right of the Bank to claim and recover damages or to obtain any equitable remedy in addition to injunctive relief to which the Bank may otherwise be entitled. The Employee understands and agrees that the Employee will also be responsible for all costs and attorney's fees incurred by the Bank in enforcing any of the provisions of this Agreement including, but not limited to, expert witness fees and deposition costs. View More
Found in Southern States Bancshares, Inc. contract
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Remedies. Employee agrees that if Employee fails to fulfill Employee's obligations under this Agreement, including, without limitation, the Non-Competition and Non-Solicitation obligations set forth in paragraph 4, Section 3, the damages to the Bank Company or any of its Affiliates would be very difficult or impossible to determine. Therefore, in addition to any other rights or remedies available to the Bank Company at law, in equity or by statute, Employee hereby consents to the specific enforcement by t...he Bank Company of this Agreement through an injunction or restraining order issued by an appropriate court, without the necessity of proving actual damages, and Employee hereby waives as a defense to any equitable action the allegation that the Bank Company has an adequate remedy at law. The provisions of this paragraph Section shall not diminish the right of the Bank Company to claim and recover damages or to obtain any equitable remedy in addition to injunctive relief to which the Bank Company may otherwise be entitled. The Employee understands and agrees that the Employee will also be responsible for all costs and attorney's fees incurred by the Bank Company in enforcing any of the provisions of this Agreement including, but not limited to, expert witness fees and deposition costs. View More
Found in ALERUS FINANCIAL CORP contract
Remedies. Employee Executive agrees that if Employee Executive fails to fulfill Employee's Executive's obligations under this Agreement, including, without limitation, the Non-Competition and Non-Solicitation obligations set forth in paragraph 4, the damages to the Bank Company or any of its Affiliates would be very difficult or impossible to determine. Therefore, in addition to any other rights or remedies available to the Bank Company at law, in equity or by statute, Employee Executive hereby consents t...o the specific enforcement by the Bank Company of this Agreement through an injunction or restraining order issued by an appropriate court, without the necessity of proving actual damages, and Employee Executive hereby waives as a defense to any equitable action the allegation that the Bank Company has an adequate remedy at law. The provisions of this paragraph shall not diminish the right of the Bank Company to claim and recover damages or to obtain any equitable remedy in addition to injunctive relief to which the Bank Company may otherwise be entitled. The Employee Executive understands and agrees that the Employee Executive will also be responsible for all costs and attorney's fees incurred by the Bank Company in enforcing any of the provisions of this Agreement including, but not limited to, expert witness fees and deposition costs. 7 9. Payments and Funding. Any payment under this Agreement shall be independent of and in addition to those under any other plan, program, or agreement that may be in effect between the parties hereto or any other compensation payable to the Executive by the Company. View More
Found in Franklin Financial Network, Inc. contract
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