Non-Monetary Relief. Anything contained in this Agreement to the contrary notwithstanding, the limitations or indemnifications set forth in this Section 9 shall not impair the rights of either the Seller or the Purchaser: (a) To seek non-monetary equitable relief including, without limitation, specific performance or injunctive relief to redress any inaccuracy in or breach or nonfulfillment of any representation, warranty, covenant, agreement or obligation made or incurred by either party herein or in any other agreement, instrument or document delivered by or on behalf of any party in connection herewith; or (b) To seek enforcement or such non-monetary equitable relief to redress any subsequent default or breach of any non-competition agreement, transfer document, consent or other agreement to be delivered at Closing hereunder. In connection with seeking any non-monetary equitable relief, each of the parties acknowledges and agrees that the other party hereto would be damaged irreparably in the event of any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the parties hereto agrees that the other shall be entitled to equitable or injunctive relief to prevent the breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any competent jurisdiction over the parties.
Appears in 1 contract
Sources: Asset Purchase Agreement (Healthplan Services Corp)
Non-Monetary Relief. Anything contained in this Agreement to the contrary notwithstanding, the limitations or indemnifications set forth in this Section 9 shall not impair the rights of either the Seller or the Purchaser:
(a) To seek non-monetary equitable relief including, without limitation, specific performance or injunctive relief to redress any inaccuracy in or breach or nonfulfillment of any representation, warranty, covenant, agreement or obligation made or incurred by either party herein or in any other agreement, instrument or document delivered by or on behalf of any party in connection herewith; or
(b) To seek enforcement or such non-monetary equitable relief to redress any subsequent default or breach of any non-competition agreement, transfer document, consent or other agreement to be delivered at Closing hereunder. In connection with seeking any non-monetary equitable relief, each of the parties acknowledges and agrees that the other party hereto would be damaged irreparably in the event of any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the parties hereto agrees that the other shall be entitled to equitable or injunctive relief to prevent the breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any competent jurisdiction over the parties.
Appears in 1 contract
Sources: Asset Purchase Agreement (Healthplan Services Corp)