Common use of Availability of Equitable Relief Clause in Contracts

Availability of Equitable Relief. The parties hereto agree that irreparable damage would occur in the event that any provision of this Agreement were not performed in accordance with the terms hereof. Accordingly, prior to the termination of this Agreement pursuant to Article IX, in the event of any breach or threatened breach by a party of its obligations under this Agreement prior to the Closing, the affected party shall be entitled to equitable relief (including specific performance of the terms hereof) without prejudice to any other rights or remedies that may otherwise be available to such other party, except that in no event shall Purchaser be required to consummate the Closing contemplated by this Agreement or shall Seller be entitled to seek specific performance requiring such Closing if the condition set forth in Section 8.03(d) has not been satisfied on or prior to the termination of this Agreement.