Other Remedies; Specific Performance. (a) 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. (b) It is accordingly agreed that the parties shall be entitled to seek an injunction or 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 6 contracts
Sources: Asset Purchase Agreement (Peco Ii Inc), Supply Agreement (Peco Ii Inc), Asset Purchase Agreement (Peco Ii Inc)
Other Remedies; Specific Performance. (a) Except as otherwise provided herein, and subject to Sections 7.2 and 8.1 hereof, 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.
(b) . It is accordingly agreed that the parties shall be entitled to seek an one or more injunction or injunctions 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 (Saifun Semiconductors Ltd.), Merger Agreement (Spansion Inc.), Merger Agreement (Saifun Semiconductors Ltd.)
Other Remedies; Specific Performance. (a) Except as otherwise provided herein, any and all remedies and rights herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy or right conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy or right will not preclude the exercise of any other remedyremedy or right. 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.
(b) . It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions 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 or right to which they are entitled at law or in equity.
Appears in 2 contracts
Sources: Merger Agreement (Precise Software Solutions LTD), Merger Agreement (Veritas Software Corp /De/)
Other Remedies; Specific Performance. (a) Except as otherwise provided ------------------------------------ herein, any and all remedies herein expressly conferred upon a party will hereto shall 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 hereto 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 terms of this Agreement were not performed in accordance with their its specific terms or were otherwise breached.
(b) . It is accordingly agreed that the parties hereto shall be entitled to seek an injunction or injunctions 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 2 contracts
Sources: Merger Agreement (Quantum Corp /De/), Agreement and Plan of Merger and Reorganization (Quantum Corp /De/)
Other Remedies; Specific Performance. (a) Except as otherwise provided hereinin this Agreement, any and all remedies herein expressly conferred upon a any party by the terms of this Agreement will be deemed cumulative with and not exclusive of any other remedy conferred herebyby this Agreement, or by law or equity upon such party, and the exercise by a any 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.
(b) . It is accordingly agreed that the parties hereto shall be entitled to seek an injunction or injunctions 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 2 contracts
Sources: Stock Purchase Agreement (Scripps Networks Interactive, Inc.), Merger Agreement (Scripps E W Co /De)
Other Remedies; Specific Performance. (a) Except as otherwise provided herein, prior to the Closing, 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 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.
(b) . It is accordingly agreed that the parties Parties shall be entitled to seek an injunction or injunctions 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 1 contract
Other Remedies; Specific Performance. (a) Except as otherwise provided herein, 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 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.
(b) . It is accordingly agreed that the parties Parties shall be entitled to seek an injunction or 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 1 contract
Other Remedies; Specific Performance. (a) Except as otherwise provided herein, prior to the Closing, 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 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.
(b) . It is accordingly agreed that the parties Parties shall be entitled to seek an injunction or injunctions 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, subject to Section 10.3(f).
Appears in 1 contract
Sources: Share Exchange Agreement (American Electric Technologies Inc)
Other Remedies; Specific Performance. (a) 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 Section 5.2(b) or 5.3 of this Agreement were not performed in accordance with their specific terms or were otherwise breached.
(b) . It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches any such breach of this Agreement and to enforce specifically the terms and provisions hereofof either such Section 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 1 contract
Sources: Merger Agreement (Vizacom Inc)
Other Remedies; Specific Performance. (a) Except Subject to the provisions of Article VI and except as otherwise provided herein, 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 agree Parties hereby acknowledge 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.
(b) It is accordingly agreed that . Each of the parties Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof, in any court having jurisdiction, this being in addition to any other remedy to which they are such Party is entitled at law or in equity.
Appears in 1 contract
Other Remedies; Specific Performance. (a) Except as otherwise provided herein, 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 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 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.
(b) . It is accordingly agreed that the parties Parties shall be entitled to seek and obtain an injunction or injunctions 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 the addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 1 contract
Sources: Merger Agreement (Targacept Inc)