INTERPRETATION; REMEDIES Clause Samples
The INTERPRETATION; REMEDIES clause defines how the terms of the contract should be understood and clarifies the rights and actions available to parties if a breach or dispute arises. Typically, this clause outlines rules for interpreting ambiguous language, such as prioritizing specific terms over general ones or referencing external standards, and details the remedies available, which may include damages, specific performance, or other corrective measures. Its core function is to ensure that both parties have a clear understanding of how the contract will be read and what recourse is available in case of non-compliance, thereby reducing uncertainty and potential disputes.
INTERPRETATION; REMEDIES. Consistent with Section 3.8 of this Agreement, the covenants contained in this Section 2 (the “Covenants”) shall be construed and interpreted in any judicial proceeding to permit their enforcement to the maximum extent permitted by law and each of the Covenants is severable and independently enforceable without reference to the enforceability of any other Covenants. Further, if any provision of the Covenants or of this Section 2 is held by a court of competent jurisdiction to be overbroad as written, Executive specifically agrees that the court should modify such provision in order to make it enforceable, and that a court should view each such provision as severable and enforce those severable provisions deemed reasonable by such court. Executive agrees that the restraints imposed by this Section 2 are fair and necessary to prevent Executive from unfairly taking advantage of contacts established, nurtured, serviced, enhanced or promoted and knowledge gained during Executive’s employment with Employer and their Affiliates, and are necessary for the reasonable and proper protection of Employer and their Affiliates and that each and every one of the restraints is reasonable with respect to the activities prohibited, the duration thereof, the Restricted Area, the scope thereof, and the effect thereof on Executive and the general public. Executive acknowledges that the Covenants will not cause an undue burden on Executive. Executive further acknowledges that violation of any one or more of the Covenants would immeasurably and irreparably damage Employer and their Affiliates, and, accordingly, Executive agrees that for any violation or threatened violation of any of such Covenants, Employer shall, in addition to any other rights and remedies available to it, at law or otherwise (including, without limitation, the recovery of damages from Executive), be entitled to specific performance and an injunction to be issued by any court of competent jurisdiction enjoining and restraining Executive from committing any violation or threatened violation of the Covenants. Executive hereby consents to the issuance of such injunction and agrees to submit to the equitable jurisdiction of any court of competent jurisdiction, without reference to whether Executive resides or does business in that jurisdiction at the time such injunction is sought or entered.
INTERPRETATION; REMEDIES. Consistent with Section 3.8 of this Agreement, the covenants contained in this Section 2 (the “Covenants”) shall be construed and interpreted in any judicial proceeding to permit their enforcement to the maximum extent permitted by law and each of the Covenants is severable and independently enforceable without reference to the enforceability of any other Covenants. Further, if any provision of the Covenants or of this Section 2 is held by a court of competent jurisdiction to be overbroad as written, Executive
INTERPRETATION; REMEDIES. In the event the parties fail to agree on changes or interpretations of this contract, the decision of the County shall prevail.
INTERPRETATION; REMEDIES. A. In the event the terms or provisions of this contract are breached by either party or in the event a dispute shall arise between the parties regarding the meaning, requirements or interpretation of the terms and provisions of this contract, then such breach or dispute shall be resolved pursuant to the terms of this contract and the administrative procedures available through ODOC rules promulgated pursuant to the Oklahoma Administrative Procedures Act, 75 O.S. §§250, et seq.
B. Neither forbearance nor payment by ODOC shall be construed to constitute waiver of any remedies for any default or breach by the Subrecipient that exists then or occurs later.
C. This contract shall be construed and interpreted pursuant to Oklahoma law.
INTERPRETATION; REMEDIES. A. In the event t he parti es f ail to agree on changes or int erpret ati ons of this contract, the decision of ODOC shall prevail.
B. The Subrecipi ent m ay appeal any ODOC monitoring f inding or ODOC decision by following p rocedures outlined in Oklahoma Administrative Code, Title 150 , Chapter 1 , Subchapter 11
C. Nei ther forbearance nor paym ent by ODOC s hal l be const rued to constitut e wai ver of any rem edies for any default or breach by t he Subrecipient that exists or occurs later.
INTERPRETATION; REMEDIES. In the event the parties fail to agree on changes or interpretations of this contract, the decision of the City of Coweta shall prevail.
INTERPRETATION; REMEDIES. In the event the parties fail to agree on changes or interpretations of this contract, the decision of the City shall prevail.
INTERPRETATION; REMEDIES. In the event of any disagreement between the City of Coweta and INCOG, relative to the provisions of this CONTRACT, the details of such disagreement shall be forwarded to the legal counsels of both parties for review and recommendation and such recommendation forwarded to the City of Coweta Officers who shall make the final determination. INCOG shall not assign any interest on this CONTRACT, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City of Coweta thereto: Provided, however, that claims for money by INCOG from the City of Coweta under this CONTRACT may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City of Coweta.
INTERPRETATION; REMEDIES. In the event the parties fail to agree on changes or interpretations of this contract, the decision of the City shall prevail. In the event of any disagreement between the Contractor and the City relating to the technical competence of the work and services being performed, and conformity to the requirements of this contract, the decision of the City shall prevail. Neither acceptance nor payment by the City shall be construed to constitute waiver of any remedies for any default or breach by the Contractor that exists then or occurs later.
INTERPRETATION; REMEDIES. If a court of competent jurisdiction finds that the time period of any of the foregoing covenants is too lengthy or the geographic coverage or scope of any of the covenants is too broad, the restrictive time period will be deemed to be the longest period permissible under applicable Law and the geographic coverage and scope will be deemed to comprise the largest coverage and scope permissible under applicable Law. It is the Parties’ intent to protect and preserve the Business and goodwill of the Business to be acquired by Buyer, and Seller agree that the time period, the geographic coverage and scope of the covenants set forth in this Section 5.4 are reasonable. If Seller or a Seller Control Person breaches or threatens to breach any of the foregoing covenants, Buyer will be entitled to seek injunctive relief (without the necessity of proving the inadequacy of monetary damages as a remedy or posting bond or other security) in addition to any other remedies that may be available under applicable Law or this Agreement.