Special Remedy Sample Clauses
A Special Remedy clause defines a specific course of action or relief available to a party if a particular event or breach occurs under the contract. This clause typically outlines unique remedies that may differ from standard legal remedies, such as requiring repair, replacement, or a refund in the event of defective goods or services. By clearly specifying what recourse is available in certain situations, the clause helps manage expectations and provides certainty, thereby reducing disputes and ensuring that both parties understand their rights and obligations in the event of a problem.
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Special Remedy. I recognize that the Confidential Information to be protected by this Agreement is special, unique and extraordinary in character, and that in the event of any breach by me of any of the terms or conditions of this Agreement, the Company shall be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either in law or in equity, to obtain damages from me for any such breach or to enforce the specific performance of this Agreement by me. I further acknowledge that a breach of my obligations under this Agreement could cause the Company irreparable harm for which no adequate remedy at law would be available, and that the Company in such circumstances would be entitled to injunctive relief preventing or enjoining any breach of my obligations, without the need to post any bond. I specifically consent to the jurisdiction of the United States District Court for the District of Connecticut, or if that court is unable to exercise jurisdiction for any reason, to the Superior Court of Connecticut, the New Haven Judicial Branch, for this purpose and irrevocably waive any objection I now have or hereafter may have as to the venue of any such action brought under this Section.
Special Remedy. The restrictions in Sections 5, 6, 7 and 8 of this Agreement are necessary for the protection of the Company’s business and goodwill. Cross acknowledges that the restrictions are reasonable and that any breach or threatened breach of Section 5, 6, 7 or 8 of this Agreement will cause the Company substantial and irreparable damage. Accordingly, in the event of any breach or threatened breach of Section 5, 6, 7 or 8 of this Agreement, in addition to any other remedies that may be available by contract or at law, the Company shall have the right to seek specific performance by Cross and to seek temporary, preliminary and permanent relief enjoining Cross from any breach or threatened breach.
Special Remedy. In the event the Primary Lease shall be terminated for any reason whatsoever, in addition to all other remedies available to Bank under the Loan Documents, Borrower shall, within twenty (20) days of receiving notice from Bank, execute a Mortgage securing the Note with respect to such SLF for which the Primary Lease has terminated unless Borrower has provided the Lender a new Primary Lease upon substantially similar terms as exist at the time of making the Loan for such SLF and meeting the requirements of this Master Loan Agreement (hereinafter a "Qualified Lease"), in the reasonable judgment of Bank. Such Mortgage shall be upon terms as set forth in Exhibit "A" attached hereto. In the event Borrower fails or refuses to execute said Mortgage(s), Borrower does hereby irrevocably appoint and grant to the Bank power of attorney for Borrower to act for Borrower in regard to the Bank's request including the right to execute any such Mortgage(s) and documents relating thereto, to record the same upon the public records and to do all things necessary to create a first mortgage lien upon said SLF(s). Borrower shall be responsible for all cost and expenses related to such Mortgage(s) including but not limited to recording, documentary, or other taxes, and a mortgage title insurance policy insuring Bank's mortgage. Bank agrees to release the lien created by any Mortgage made pursuant to this Section 8.4 if Borrower is not in Default and Borrower has or subsequently obtains a Qualified Lease.
Special Remedy. The restrictions in Sections 5 and 7 and the terms of Section 8 of this Agreement shall survive the termination of this Agreement and are necessary for the protection of the Company’s business and goodwill. Consultant acknowledges that the restrictions are reasonable and that any breach or threatened breach of Sections 5, 7 or 8 of this Agreement will cause the Company substantial and irreparable damage. Accordingly, in the event of any breach or threatened breach of Sections 5, 7 or 8 of this Agreement, in addition to any other remedies that may be available by contract or at law, the Company shall have the right to seek specific performance by Consultant and to seek temporary, preliminary and permanent relief enjoining Consultant from any breach or threatened breach, without the posting of any bond or other similar measures.
Special Remedy. Notwithstanding any other provision herein to the contrary, if an Event of Default under Section 19.1(f) shall have occurred and is continuing, then MSN may, in lieu of exercising its right to terminate this Amended Agreement pursuant to Section 19.2.3 hereof, (a) suspend (without penalty) all further MSN liabilities (without accrual of any MSN liabilities during such suspension period) until satisfied that the USB-CPE are in full commercial production and are being supplied to MSN in accordance with this Amended Agreement or (b) purchase from StarBand (and StarBand will be entitled to purchase from Gilat) non-USB CPE at the same price as applicable to the USB-CPE (and all PC Subsidies granted by MSN will be credited against MSN's Minimum Commitment).
Special Remedy. In the event the grant by the City to RCM of exclusive rights to vend and to advertise pursuant to Section 17.1 of the Arena Lease and/or the exclusive right to use City Property outside the Entertainment Complex pursuant to the Entertainment Complex Lease, is successfully challenged, and should any third party successfully assert the right to vend, advertise or use such City Property, then such events shall not result in any City default, but (a) the City shall use Reasonable Efforts to charge such third party rent or fees equal to the rent or fees which RCM would have charged; and (b) the City shall pay all such rent or fees.
Special Remedy. (i) If the event of default is a failure of the City to make any payment due to the County when due, the County shall first make a reasonable attempt, in good faith, to collect the delinquent sums from the City in a cooperative manner. In the event the City and County fail to resolve the matter, the County, through its Fiscal Officer shall be authorized to take the following actions, in addition to any other remedies afforded herein:
(a) If the City fails to make a payment to the County in full on or before the date due, and that failure to pay continues beyond the time to cure the default, regardless of the reason, then the County may direct its Fiscal Officer to withhold, from the City’s First-Half Tax Distribution occurring on the next succeeding First- Half Tax Distribution Date, an amount equal to the then unpaid sums plus interest accrued to the First-Half Tax Distribution Date on such unpaid portion at the Interest Rate for Advances, and to pay such amount to the County; and
(b) In the event that the funds distributed from the City’s First-Half Tax Distribution in any given year are insufficient to reimburse the County for any unpaid sums, the County may direct its Fiscal Officer to withhold from the City's Second-Half Distribution occurring on the next succeeding Second-Half Tax Distribution Date an amount equal to the unpaid sums, plus accrued interest as set forth above. Thereafter, the right to withhold funds from either the City's First-Half Tax Distribution or Second-Half Tax Distribution shall be ongoing in subsequent years until all sums are paid in full. In the event the City pays in full any previously unpaid sums prior to the City First-Half Tax Distribution or Second-Half Tax Distribution, such payment shall satisfy the City's obligation to pay said sums and the County's Fiscal Officer shall not proceed to withhold funds pursuant to this Section. The City hereby covenants and agrees that it shall not contest, by filing an action for a writ of mandamus, writ of procedendo, request for declaratory judgment, or any action or means whatsoever, the validity of the right of the County or its Fiscal Officer to withhold delinquent sums from the City’s First Half Tax Distribution or its Second Half Tax Distribution as provided above in this Section, and the City hereby forever irrevocably waive any right it may have to make such contest, provided, however, that nothing contained herein shall be a waiver of the City's right to, in good faith, disp...
Special Remedy. As a remedy for Developer’s failure to timely satisfy any of the obligations outlined in Section 4.1, within thirty (30) following the City’s written demand to Developer for such payment, Developer shall pay to the City an Enhanced Purchase Price Payment equal to the fair market value of the Development Property at such time, as determined by an appraisal of the Development Property. Developer shall pay all costs in securing the appraisal for the Development Property from a reputable third-party, licensed appraiser. Upon the City’s receipt of the Enhanced Purchase Price Payment, this Agreement shall automatically terminate, with neither party having any further obligation to the other. The availability of this remedy to the City shall terminate upon Developer’s receipt of a Certificate of Completion from the City pursuant to Section 4.5.
Special Remedy. In the event that Obligor fails to make the scheduled payment set forth under Section 2.b) above on the stated due date and such failure continues for a period of two (2) days, then notwithstanding any other provisions of the Note, the Amendment, or any other the Stock Purchase Document, Obligor shall immediately pay to Holder the amount required such that Holder has a minimum of $500,000 cash immediately available in Holder’s corporate bank account (the “Special Remedy”). Any such Special Remedy payments made by Obligor to Holder under this Section 10 shall be considered payments pursuant to the Note. Any failure by Obligor to make any Special Remedy payment shall be considered a material breach and Event of Default under the Note (as amended), the Stock Purchase Agreement (as amended) and the Pledge (as amended). The obligations and rights under this Section 10 shall be full recourse against Obligor notwithstanding Section 7 hereof or Section 11 of the Pledge, as amended, and shall not preclude any party from asserting any other right, or seeking any other remedies against the other party.
Special Remedy. The following is hereby added as Section 10 to the Note: