The Consequences of Breach clause outlines the measures and penalties that will be imposed if one party fails to fulfill their contractual obligations. It typically includes remedies such as damages, specific performance, or termination, thereby serving as a deterrent and providing recourse to the non-breaching party.
Consequences Of Breach By Tenant. If Tenant, by any act or omission, or by the act or omission of any of Tenant’s family or invitees, licensees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person). In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following: (a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate; (b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the Landlord party may terminate the Lease Agreement upon at least fourteen (14) days written notice specifying the breach and the date of termination of the Lease Agreement; (c) However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days' written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the seven (7) day notice period. If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security deposit recoverable by the Tenant. Furthermore, the Lease may be terminated by a three (3) day written notice delivered by Landlord if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety.
Consequences of Breach or Revocation. In addition to any other remedies set forth in this Agreement or otherwise available to the Company in law or equity, a breach by you of any of your obligations set forth in this Agreement, your failure to execute the Affirmation or your revocation of the Affirmation prior to the Separation Date shall entitle the Company to cease providing any Severance Pay and to recover any Severance Pay already provided to you. Notwithstanding any such breach or failure, your release and waiver set forth in this Agreement will remain in full force and effect to the maximum extent permitted by law.
Consequences of Breach: In the event that Employee commits a material breach of any of the provisions of this Agreement, including, without limitation, the paragraphs titled Pending Claims/Covenant Not to Sue, Non-Disparagement, Confidentiality of Agreement, Return of Company Property and Records, Non-Disclosure of Confidential Information, Duty of Cooperation, and Non-Competition and Non-Solicitation, Company may cease payment of any further Severance Payment set forth in this Agreement and, upon demand by Company, Employee shall immediately return all such payments already made to Employee, and the Company may pursue any and all other relief to which it is or may be entitled under applicable law.
Consequences Of Breach By Tenant In case of such breach Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following
Consequences of Breach by Company or Non-renewal: In the event of a “Special Termination” (as defined below) of your employment, your sole remedy shall be that, upon your execution of a Release (as defined below), Company shall pay to you the “Special Termination Payments” (as defined below), and in the event of a “Qualifying Non-renewal” (as defined below), your sole remedy shall be that, upon your execution of a Release, Company shall pay to you the “Non-renewal Payments” (as defined below) provided, Company will cease making Termination Payments (as defined below) if you do not deliver the signed Release within the time period set forth in the Release. In addition, in the event of a Special Termination or Qualifying Non-renewal, Company shall pay to you the “Basic Termination Payments” (as defined below). Special Termination Payments and Non-renewal Payments are sometimes herein referred to collectively as the “Termination Payments.” All payments made to you hereunder shall be subject to applicable withholding, social security taxes and other ordinary and customary payroll deductions, including without limitation medical and other insurance premiums.
Consequences of Breach. Upon the occurrence of a Willful Breach by an LDM Investor of this Agreement that has a material negative consequence on the Company or Mammoth or any of their respective Controlled Persons (that, if curable, is not cured within 10 days of written notice thereof), in addition to any and all other remedies that may be available to any other party, and without any further action by any Person, the rights, benefits and entitlements of such LDM Investor and its Controlled Persons under Section 2.01(c) and Section 3.03 of this Agreement, the Investor Rights Agreement and the LD Registration Rights Agreements shall cease and be of no further force or effect; provided that the obligations and agreements of, and restrictions and limitations on, such LDM Investor shall remain binding upon such LDM Investor and shall continue in full force and effect.
Consequences of Breach; Subsequent Discovery of Cause. Executive acknowledges and agrees that in the event of Executive’s material breach of this Agreement, including Section 6, or a determination by the Board of Directors of the Company that grounds for a for Cause (as defined in the Employment Agreement) termination existed as of the Separation Date, (a) the Company shall not be required to pay the Severance Payment, less $100, (b) Executive shall be required to repay to the Company the Severance Payment, less $100, if previously paid to Executive, and (c) the Units which became vested in accordance with Section 2(b) shall be forfeited for no consideration.
Consequences of Breach by Employer; Employment Termination. a. If the Employer shall terminate Employee's employment under this Agreement in any way that is a breach of this Agreement by Employer, the following shall apply: (i) Employee shall be entitled to receive the compensation set forth in Section 9(b)(iii) above and Employer shall have no further obligation to compensate Employee pursuant to Section(s) 4 or 9 above; and (ii) Employer shall provide Employee ninety (90) days prior written notice of such termination. b. In the event of termination of Employee's employment, for any reason, the Confidentiality Agreement shall remain in full force and effect after such termination. c. Nothing in Section 10a(i) shall be construed as limiting or restricting Employee’s rights and remedies for wrongful termination by Employer in violation of state or federal law.
Consequences of Breach. In addition to any other remedies set forth in this Agreement, a breach by you of any of your obligations set forth in this Agreement shall constitute a material breach of this Agreement and, in addition to any other legal or equitable remedy available to Synlogic, shall entitle Synlogic to cease any further payment of the Severance Pay and Benefits, and to recover any Severance Pay or Benefits or its support for other benefits already provided to you. Regardless of any such breach, your release set forth in Section 7 above shall remain in full force and effect.
Consequences of Breach or Revocation. The Employee agrees that, notwithstanding anything to the contrary in this Release, in the event that he breaches any of the terms of the Release, or revokes the Release pursuant to Section 7, he shall forfeit the Separation Benefits and reimburse the Company for any portion of the Separation Benefits that have already been paid, and, in the event of such a breach, he shall reimburse the Company for any expenses or damages incurred as a result of such breach.
Consequences of Breach. The Company may seek immediate cessation of a breach of the prohibition set forth in article 12.1 pursuant to Article 340b, paragraph 3, of the Swiss Code of Obligations. In any event, the Company will be entitled to a penalty in an amount equal to the Employee's last annual base salary for every violation of the Employee's obligations under article 12.1. Payment of the penalty will not release the Employee from complying with the Employee's contractual obligations and the Company will have the right to claim compensation of any damages that exceed the penalty.
Consequences of Breach. Employee shall indemnify and hold each Company Released Party harmless from any loss, cost, damage, or expense (including attorneys’ fees) incurred by them arising out of Employee’s breach of any portion of this Agreement. In addition, Employee agrees that if the Employee breaches any of Employee’s obligations under the Agreement the Company may cease payments due to Employee, or recover any payments made to Employee, under paragraph 2 to the extent permitted by law, and obtain all other relief provided by law or equity, including the right to recover as damages the amount of any judgment recovered against it, reasonable attorney's fees and other costs and expenses of defending against any claim brought in breach of this Agreement.
Consequences of breach and rights to cure Either party has the right to terminate this Agreement upon material breach by the other party upon 60 days written notice. If, by its nature, the breach cannot be cured within said 60 days, and the breaching party is proceeding diligently to effect a cure of such breach, then this Agreement may not be terminated for an additional 60 days or until such time as the breaching party ceases to in good faith effect a cure, whichever is shorter.
Consequences of Breach of Confidentiality Requirement or Non-Competition Requirement. You agree that if you breach this Agreement, or any of its requirements (including the Confidentiality Requirement and the Non-Competition Requirement), such breach will irreparably harm the Company, and the full amount of such harm will be impossible to estimate or determine and cannot be adequately compensated. For that reason, if you breach any of the provisions of this Agreement (including the Confidentiality Requirement or the Non-Competition Requirement), you will forfeit all rights to (or any payment of) the Bonus, even if such breach occurs after any Bonus payment.
Consequences of Breach. Executive acknowledges and agrees that his obligations and responsibilities set forth in this Release Agreement (including those incorporated herein by reference from the Severance Agreement) are reasonable and not unduly restrictive. Furthermore, Executive recognizes that damages incurred by the Company as a result of any breach of this Release Agreement by Executive may be difficult to measure, and that monetary damages may not provide adequate relief. Accordingly, Executive acknowledges and agrees that in the event of a material breach by Executive of any of the terms of this Release Agreement, in addition to the Company’s right to recover damages from Executive arising out of such breach and any other remedies that may be available at law or in equity: (i) the Company shall be entitled to apply for and receive an injunction without bond to restrain any such breach or further breach; (ii) the Company shall be entitled to terminate any and all Separation Rights to the extent not yet provided to Executive; (iii) to the extent the Separation Rights have already been provided to Executive, the Company shall have the right to recover such benefits from Executive in full; and (iv) Executive shall be obligated to pay to the Company all of its costs and expenses (including attorneys’ fees) incurred in enforcing its rights under this Section 9. Executive acknowledges and agrees that the provisions of this Section 9 are reasonable and shall not be deemed to impose an undue hardship on Executive.
Consequences of Breach/Liquidated Damages. To the extent permitted by law, if Employee breaches this Agreement, including but not limited to Employee’s obligations set forth in Sections 1, 7 and 8 above, Employer and Employee agree that Employer shall be entitled to damages in the amount equal to the aggregate amounts paid pursuant to Section 2 hereof as a reasonable anticipation of Employer's damages and not as a penalty (the “Liquidated Damages”). Such Liquidated Damages shall be deemed to be a genuine advanced estimate of the foreseeable damages to be incurred by Employer due to any breach of this Agreement. This Liquidated Damages provision is a material provision of this Agreement, and any legal fees and costs reasonably incurred in the enforcement of same shall also be recoverable by Employer.
Consequences of Breach. The Sponsor understands and agrees that money damages would be an inadequate remedy for any actual or threatened breach of this letter agreement by the Sponsor, and, without prejudice to any other rights and remedies otherwise available to the Conflicts Committee or the Partnership, the Sponsor agrees, in the event of an actual or threatened breach, that the Conflicts Committee may seek equitable relief, including injunctive relief and specific performance. Such remedies shall not be deemed to be the exclusive remedies for a breach by the Sponsor of this letter agreement, but shall be in addition to all other remedies available at law or in equity. The Sponsor further acknowledges and agrees that no failure or delay by the Conflicts Committee in exercising any right, power or privilege hereunder shall operate as a waiver thereof or the exercise of any other right, power or privilege hereunder.
Consequences of Breach of Conditions. If any of the conditions that must continue to be satisfied during the Restriction Period under Section 6(a) is breached during the Restriction Period, either by act of the Grantee or otherwise, the Grantee, by accepting this Award, agrees that upon such breach all interest of the Grantee in the Restricted Stock Units and associated Dividend Equivalent Units shall terminate and be forfeited. The Committee’s determination regarding the conditions specified in Section 6 (and any breach thereof) shall be final and binding on the Grantee. The Company shall incur no liability to the Grantee under this Award by terminating the Grantee's status as an Eligible Employee, whether by action with respect to the Grantee individually, either with or without cause, or by dissolution or liquidation of Lilly or merger or consolidation of Lilly with a corporation in which Lilly is not the surviving corporation, or otherwise. Notwithstanding anything in Section 10(a) of the 2002 Plan to the contrary, the Committee shall not waive the breach of the conditions set forth in Section 6.
Consequences of Breach. If a Covered Employee fails to give the Early Termination Notice required under this Policy and/or violates their nonsolicitation obligations during the Early Termination Notice Period or the one-year period thereafter, Citi may seek an order or injunction from a court or arbitration panel to stop the violation, shall be entitled to recover the current cash and deferred portion of any Discretionary Incentive and Retention Awards that would not have been payable if notice had been timely provided in accordance with this Policy as in effect at the time of such failure, and may seek other permissible remedies including damages it actually suffered as a result of the breach or breaches, such as additional compensation paid to replace or retain wrongfully solicited employees.
Consequences of Breach refers to the section within a contract that outlines the potential outcomes or penalties that a party will face if they fail to fulfill their contractual obligations. This section is crucial as it sets the expectations and repercussions for any deviation from the agreed terms, which can include financial penalties, termination of the contract, or other legal remedies.
You should include a Consequences of Breach clause in any contract where it’s important to delineate the responsibilities of each party and the actions that will follow if those responsibilities are not met. This is particularly vital in contracts where the performance of obligations is critical, such as:
To effectively write a Consequences of Breach clause, consider the following steps:
Identify Potential Breaches: Start by identifying possible breaches related to each party’s obligations.
Specify Remedies: Clearly state the remedies that will be enforced in case of a breach, such as financial penalties, specific performance, or termination rights.
Define Processes: Outline the process for addressing a breach, including notice periods, opportunities for cure, and any mediation or arbitration procedures.
Include Limitations: Consider including any limitations on liability or caps on damages to protect against excessive claims.
Consequences of Breach: In the event that either party breaches any material term of this Agreement, the non-breaching party shall provide written notice to the breaching party, specifying the nature of the breach. The breaching party shall have thirty (30) days from receipt of such notice to cure the breach to the satisfaction of the non-breaching party. Failure to cure the breach within this period shall entitle the non-breaching party to terminate this Agreement and seek all available remedies, including but not limited to, monetary damages, specific performance, and injunctive relief.
“Consequences of Breach” clauses are typically found in:
These clauses provide a framework for resolution and accountability, ensuring that each party understands the serious nature of their commitments and the potential repercussions of non-performance.
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Consequential damages refer to losses that do not flow directly and immediately from an act but rather result indirectly from the act's harmful consequences, such as lost profits or business opportunities. These damages are often excluded in contracts to limit a party's liability for these indirect, and sometimes unforeseeable, damages stemming from breaches or other issues.
A contract amendment is a formal alteration to the terms of an existing contract, agreed upon by all parties involved. It allows changes to specific provisions without voiding the original contract, ensuring that the agreement remains relevant and effective in addressing the parties' needs.
Contract consideration refers to the value or benefit that each party agrees to exchange as part of the agreement, which is necessary for a contract to be legally binding. It can include money, services, goods, or a promise to refrain from a specific action.
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