Damages Inadequate Clause Samples
The "Damages Inadequate" clause establishes that monetary compensation alone would not be sufficient to remedy a breach of the agreement. In practice, this clause is often used to justify the availability of equitable remedies, such as injunctions or specific performance, in situations where the harm caused by a breach cannot be fully addressed by financial damages. Its core function is to ensure that parties have access to appropriate legal remedies beyond just monetary compensation, particularly when the subject matter of the contract is unique or when irreparable harm may result from a breach.
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Damages Inadequate. The parties acknowledge that monetary damages may be an inadequate remedy for any breach by a party of its obligations under this Section 10 and that the non-breaching party shall be entitled to seek injunctive relief and specific performance to enforce the breaching party’s obligations, in addition to any other remedies the non-breaching party may be entitled to at law.
Damages Inadequate. Each party acknowledges that it would be impossible to measure in money the damages to the other party if there is a failure to comply with any covenants and provisions of this Agreement, and agrees that in the event of any breach of any covenant or provision, the other party to this Agreement will not have an adequate remedy at law.
Damages Inadequate. Each of the parties confirm that damages at law may be an inadequate remedy for a breach or threatened breach of this Agreement and agrees that in the event of a breach or threatened breach of any provision the respective rights and obligations hereunder shall be enforceable by specific performance, injunction pending an arbitration hearing, or other equitable remedy that may be granted pending an arbitration hearing to maintain the status quo.
Damages Inadequate. The Sellers acknowledge that it would be impossible to measure in money the damages to the Buyer if there is a failure by Sellers to comply with any covenants and provisions of this Agreement, and agree that in the event of any such breach of any covenant or provision, the Buyer will not have an adequate remedy at law.
Damages Inadequate. Each Party acknowledges and agrees that monetary damages may be an inadequate remedy for a breach or threatened breach of the confidentiality or intellectual property provisions of this Agreement by a Party and each Party hereby agrees that, in the event of abreach or threatened breach of any such provision of this Agreement by a Party, the non- breaching party may seek to enforce its rights and the obligations of the breaching Party in a court of competent jurisdiction by specific performance, injunction, or other equitable remedy.
Damages Inadequate. The Recipient acknowledges that:
(a) damages may be an inadequate remedy to the Discloser in the event of any breach of clause 8.2 or 8.3 occurring, and that only injunctive relief or some other equitable remedy might be adequate to properly protect the interests of the Discloser, and
(b) the Discloser would not have entered into this Agreement but for the acknowledgment made by the Recipient in paragraph (a).
Damages Inadequate. GRANTEE(S) acknowledges and agrees that damages as a result of any default in or violation of any obligation of GRANTEE(S) set forth in this Restriction are not readily ascertainable, that money damages or other legal relief will not adequately compensate the COUNTY for any such breach, and, in addition to any entitlement to monetary damages, that the COUNTY is entitled to injunctive relief compelling the specific performance of those obligations under the Deed and this Restriction. GRANTEE(S) further acknowledges that the breach of any of the provisions of the Deed or this Restriction would constitute irreparable harm to the COUNTY, and GRANTEE(S) hereby waives any defenses to the grant of a temporary restraining order related to any such breach based on the adequacy of legal remedies.
Damages Inadequate. Notwithstanding section 5.2, the Owner acknowledges and agrees that in case of a breach of this Agreement which is not fully remediable by the mere payment of money and promptly so remedied, the harm sustained by the City and to the public interest will be irreparable and not susceptible of adequate monetary compensation.
Damages Inadequate. Without prejudice to any other rights or remedies that each Party may have, each Party acknowledges and agrees that damages alone would not be an adequate remedy for any breach of the terms of this Agreement by any other Party. Accordingly, each Party shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this Agreement by any other Party.
Damages Inadequate. Notwithstanding section 5.2 and section 5.3, Kiwanis acknowledges and agrees that in case of a breach of this Agreement which is not fully remediable by the mere payment of money and promptly so remedied, the harm sustained by the District and to the public interest will be irreparable and not susceptible of adequate monetary compensation. The District may, in its discretion, seek any other remedy that may be available to the District at law or in equity.