Common use of Reasonable Terms Clause in Contracts

Reasonable Terms. (a) LCI and ▇▇▇▇▇▇ Enterprises acknowledge and agree that the covenants set forth in this Article XV are reasonable in geographical and temporal scope and in all other respects and that the other Parties would not have entered into this Agreement but for the covenants contained in this Article XV. (b) If, at the time of enforcement of this Article XV, a court shall hold that the duration, scope, or area restrictions stated herein are unreasonable under the circumstances then existing, the Parties agree that the maximum duration, scope, or area reasonable under such circumstances shall be substituted for the stated duration, scope, or area. (c) LCI and ▇▇▇▇▇▇ Enterprises recognize and affirm that in the event of a breach of any provision of this Article XV the exercise of the Call under Section 8.7 and money damages would both be inadequate and the damaged party would have no adequate remedy at law. Accordingly, the Company and the Parties hereto shall have the right, in addition to any other rights and remedies existing in their favor, to enforce their rights under this Article XV not only by the exercise of the Call under Section 8.7 and an action or actions for damages, but also by an action or actions for specific performance, injunction and/or equitable relief in order to enforce or prevent any violations (whether anticipatory, continuing or future) of the provisions of this Article XV.

Appears in 2 contracts

Sources: Operating Agreement (Aladdin Capital Corp), Operating Agreement (Aladdin Gaming Enterprises Inc)

Reasonable Terms. (a) LCI and ▇▇▇▇▇▇ Enterprises acknowledge and agree that the covenants set forth in this Article XV XIII are reasonable in geographical and temporal scope and in all other respects and that the other Parties Other Stockholders would not have entered into this Agreement but for the covenants contained in this Article XVXIII. (b) If, at the time of enforcement of this Article XVXIII, a court shall hold that the duration, scope, or area restrictions stated herein are unreasonable under the circumstances then existing, the Parties parties agree that the maximum duration, scope, or area reasonable under such circumstances shall be substituted for the stated duration, scope, or area. (c) LCI and ▇▇▇▇▇▇ Enterprises recognize and affirm that in the event of a breach of any provision of this Article XV the exercise of the Call under Section 8.7 and XIII money damages would both be inadequate and the damaged party would have no adequate remedy at law. Accordingly, the Company and the Parties hereto Other Stockholders shall have the right, in addition to any other rights and remedies existing in their favor, to enforce their its rights under this Article XV XIII not only by the exercise of the Call under Section 8.7 and an action or actions for damages, but also by an action or actions for specific performance, injunction and/or equitable relief in order to enforce or prevent any violations (whether anticipatory, continuing or future) of the provisions of this Article XVXIII.

Appears in 1 contract

Sources: Operating Agreement (Aladdin Gaming Enterprises Inc)