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Exhaustion of Remedies
Exhaustion of Remedies contract clause examples
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Remedies. If either Party violates any of the provisions of this Section 7, the non-breaching Party, at its option, may: # seek any equitable or injunctive relief, without the requirement to post bond or other security, enjoining the breaching Party from continued violation of those provisions in addition to any other remedies that may be available to the non-breaching Party; or # seek damages for the violation of the provisions of this Section 7 or pursue any and all other rights and remedies that may be available at law, in equity or otherwise, all of which shall be cumulative and not mutually exclusive. Each Party acknowledges and agrees that any breach or threatened breach of this Section 7 will injure the other Party irreparably and that any remedy at law for any breach or threatened breach shall be inadequate.

Remedies. In addition and supplementary to other rights and remedies existing in its favor, the Company may apply to the court of law or equity of competent jurisdiction, without posting any bond, for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof, including paragraphs 6, 7, 8, 9 and 10 hereof. In the event of a violation by Executive of paragraphs 6, 7, 8, 9 and 10 hereof, any severance being paid to Executive pursuant to this Agreement or otherwise shall immediately cease.

Remedies. In the event of a breach by [[Organization B:Organization]] or by a Holder, of any of their obligations under this Agreement, each Holder or [[Organization B:Organization]], as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. [[Organization B:Organization]] and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.

Remedies. The Company shall have all remedies in law and equity against Employee (including special and consequential damages) for damages to the Company caused by the violations of Articles 4 or 5.

Remedies. Because Indemnitee’s services are unique and because Indemnitee has access to Confidential Information, the parties hereto agree that money damages would not be an adequate remedy for any breach of this Agreement. Therefore, in the event of a breach or threatened breach of this Agreement, the Company, in addition to other rights and remedies existing in its favor, shall be entitled to specific performance and/or injunctive or other equitable relief from a court of competent jurisdiction in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

Employee acknowledges that compliance with this Agreement is necessary to protect the business and Goodwill of Company and a breach of this Agreement will cause irreparable and continuous damage Company for which money damages may not be adequate. In addition, the parties agree that, in the event of a breach or threatened breach to this Agreement, the non-breaching party shall be entitled to # an injunction to prevent the continuation of such harm, # money damages insofar as they can be determined and # reasonable attorneys’ fees and costs. Nothing in this Agreement, however, shall be construed to prohibit the non-breaching party from also pursuing any other remedy, the parties having agreed that all remedies shall be cumulative. The obligations contained in this Agreement shall survive any termination of Employee’s employment, regardless of the reason for the termination.

Remedies. The parties acknowledge that [[Organization B:Organization]] will be irreparably harmed and that there will be no adequate remedy at law for a violation of any of the covenants or agreements of Shareholder set forth herein. Therefore, it is agreed that, in addition to any other remedies that may be available to [[Organization B:Organization]] upon any such violation, [[Organization B:Organization]] shall have the right to enforce such covenants and agreements by specific performance, injunctive relief or by any other means available to [[Organization B:Organization]] at law or in equity.

Remedies. Payment of Restricted Stock Units (and any related dividend equivalents) in accordance with the Payment Schedule set forth in paragraph # above is specifically conditioned on the requirement that at all times prior to each payment, you do not engage in solicitation, Detrimental Conduct or hedging or derivative transactions, as described in paragraphs (d)(i), [(ii) and (iii)])], during such period. If [[Bank of America:Organization]] determines in its reasonable business judgment that you have failed to satisfy such requirements, then any Restricted Stock Units (and any related dividend equivalents) that have not yet been paid as of the date of such determination shall be canceled as of such date of determination.

Remedies. shall have the right, without the consent or approval of , to terminate or accept a surrender of any Lease that is not a Major Lease so long as such termination or surrender is # by reason of a legitimate default by the Tenant thereunder, and # in a commercially reasonable manner to preserve and protect the Property.

Remedies. Upon the occurrence of an Event of Default, the Holder may declare the principal amount then outstanding and all fees and other amounts owing hereunder to be immediately due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived by the Promisor, and it is expressly understood and agreed that the rights and remedies of the Holder under this Note are cumulative and are in addition to and not in substitution for any other rights and remedies provided by law.

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