Common use of Other Remedies; Specific Performance Clause in Contracts

Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled (without any requirement to post a bond or other security) to seek one or more injunction or other equitable remedies to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 3 contracts

Sources: Merger Agreement (Msystems LTD), Merger Agreement (Sandisk Corp), Merger Agreement (M-Systems Flash Disk Pioneers LTD)

Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties hereto shall be entitled (without any requirement to post a bond or other security) to seek one or more injunction injunctions or other equitable remedies to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 3 contracts

Sources: Merger Agreement (Scopus Video Networks Ltd.), Merger Agreement (Harmonic Inc), Merger Agreement (Scopus Video Networks Ltd.)

Other Remedies; Specific Performance. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled (without any requirement to post a bond or other security) to seek one or more an injunction or other equitable remedies injunctions, without the posting of any bond, to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereofhereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 3 contracts

Sources: Merger Agreement (RespireRx Pharmaceuticals Inc.), Merger Agreement (Cortex Pharmaceuticals Inc/De/), Merger Agreement (Anesiva, Inc.)

Other Remedies; Specific Performance. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy. The parties hereto Parties agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled (without any requirement to post a bond or other security) to seek one or more an injunction or other equitable remedies injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Sources: Royalty Agreement (Flamel Technologies Sa), Royalty Agreement (Flamel Technologies Sa)

Other Remedies; Specific Performance. Except as otherwise provided herein, including Section 7.5, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled (without any requirement to post a bond or other security) to seek one or more injunction or other equitable remedies to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereofthat, this being in addition to any other right or remedy to which they are the non-breaching party may be entitled, it shall be entitled at law to enforce any provision of this Agreement by a decree of specific performance and to temporary, preliminary and permanent injunctive relief to prevent breaches or in equitythreatened breaches of any of the provisions of this Agreement, without posting any bond or other undertaking.

Appears in 1 contract

Sources: Reorganization Agreement (Cambridge Capital Acquisition Corp)