Conditions and Remedies Sample Clauses
Conditions and Remedies. Should I ever breach any provision or obligation under this Agreement, the parties agree that the range of remedies includes, but is not limited to the following:
(a) I shall forego and no longer be entitled to the benefits promised in Paragraph 2.
(b) I shall pay Allison’s defense costs, expenses, and reasonable attorneys’ fees if a court of competent jurisdiction finds that I have breached this Agreement.
(c) If a court of competent jurisdiction finds that I have breached this Agreement, I shall reimburse ▇▇▇▇▇▇▇ via certified check for the value of anything provided by ▇▇▇▇▇▇▇, Inc. pursuant to Paragraph 2, save $1000. In the event this reimbursement provision is triggered, I agree that the remaining provisions of the Agreement shall remain in full force and effect.
(d) A violation of this Agreement would cause irreparable harm to ▇▇▇▇▇▇▇ but in an amount incapable of precise determination. Should I violate this Agreement, ▇▇▇▇▇▇▇ shall be entitled to injunctive relief in addition to any other available remedy or form of legal and equitable relief. Nothing in this Paragraph is intended to limit or restrict any other rights or remedies ▇▇▇▇▇▇▇ ▇▇▇ have by virtue of this Agreement or otherwise.
Conditions and Remedies. 5.1 The representations and warranties under clause 4.1 are also conditions to the transfer. The obligation of the Buyer to accept the Assets and to pay the Purchase Price is subject to the fulfillment of such conditions, any one or more of which may be waived by it.
5.2 If the Buyer becomes aware that Seller is in breach of any of the warranties under clause 4, the Buyer may at its option (but without prejudice to any other right or other remedy it may have) demand damages to be payable by Seller within ten (10) days of such a demand being served in writing by the Buyer to Seller.
5.3 Notwithstanding the above, the Buyer may by written notice specifically request Seller (at Seller's own cost) to take the following steps to remedy any of the breaches as set out below:
(a) if Seller is in breach of clause 4.1(b), it shall take all actions as are necessary to remove the Encumbrance and perfect title;
(b) if Seller is in breach of clause 4.1(c) , it shall bring the Assets up to the relevant standards as soon as practicable or at the Buyer's option reimburse the Buyer for any costs incurred by the Buyer in performing the work itself; and
(c) if Seller is in breach of clause 4.1(d), it shall discharge the charges or fees payable and the material obligations or liabilities, or at the Buyer's option shall indemnify and hold the Buyer harmless in relation to any such charges, fees, obligations or liabilities.
Conditions and Remedies