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PCG » Topics » Material breach by the Corporation.

This excerpt taken from the PCG 10-Q filed May 6, 2008.
Material breach by the Corporation.  Mr. Powell will be entitled to recover actual damages in the event of any material breach of this Agreement by the Corporation, including any unexcused late or non-payment of any amounts owed under this Agreement, or any unexcused failure to provide any other benefits specified in this Agreement.  In the event of a breach or threatened breach by the Corporation of any of its material obligations to him under this Agreement, Mr. Powell will be entitled to seek, in addition to any other remedies provided in this Agreement, specific performance of the Corporation’s obligations and any other applicable equitable or injunctive relief.  Pursuant to paragraph 14, and except as prohibited or limited by law, the Corporation will also be liable for any litigation costs and expenses that Mr. Powell incurs in successfully seeking enforcement of his rights under this Agreement, including reasonable attorney’s fees.  Despite any breach by the Corporation, its other duties and obligations under this Agreement will remain in full force and effect.
 
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