Common use of Preservation of Remedies Clause in Contracts

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ -------------------------------------------- ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: President & Chief Executive Officer Agreed as of the date above written: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ --------------------------- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ -------------------------------------------- ------------------------------------------ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: President & Chief Executive Officer Agreed as of the date above written: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ --------------------------- --------------------- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ -------------------------------------------- ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Jeffrey A. Graves --------------------------- Jeffrey A. Graves Title: President & Chief Executive Officer Agreed as of the date above written: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ --------------------------- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Neil E. Daniels ------------------------------ Neil E. Daniels EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF NEIL E. DANIELS ("EXECUTIVE") (▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ("EXECUTIVE") (Capitalized terms ms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ -------------------------------------------- ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Jeffrey A. Graves -------------------------- Jeffrey A. Graves Title: President & Chief Executive Officer Agreed as of the date above written: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ --------------------------- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Leonard P. Kiely --------------------------------- Leonard P. Kiely EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF LEONARD P. KIELY ("EXECUTIVE") (▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ("EXECUTIVE") (Capitalized terms s used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ -------------------------------------------- ------------------------------------------ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: President & Chief Executive Officer Agreed as of the date above written: /s/ ▇▇▇▇▇ ▇. ▇▇▇ ▇▇▇▇▇▇▇▇ --------------------------- ▇▇---------------------- ▇▇▇▇▇ ▇▇▇▇▇. ▇▇▇ EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF ▇▇▇▇▇▇▇ ▇▇▇▇▇. ▇▇▇ ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ -------------------------------------------- ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Jeffrey A. Graves ---------------------------- Jeffrey A. Graves Title: President & Chief Executive Officer Agreed as of the date above written: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ --------------------------- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ James D. Dee ---------------------------------- James D. Dee EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF JAMES D. DEE ("EXECUTIVE") (Capi▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ("EXECUTIVE") (Capitalized terms s used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ William Harral, III -------------------------------- William Harral, III Chairm▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ -------------------------------------------- ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: President & Chief Executive Officer d of Directors Agreed as of the date above written: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ --------------------------- ▇▇▇▇▇▇▇ ▇▇▇▇Jeffrey A. Graves ------------------------------------ Jeffrey A. Gr▇▇▇▇ EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ JEFFREY A. GRAVES ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ -------------------------------------------- ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ William Harral, III ------------------------ William Harral, III Title: President & Chief Executive Officer Chairman of the Board of Directors Agreed as of the date above written: /s/ Jeffrey A. Graves -------------------------------------- Jeffrey A. Graves President & Ch▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ --------------------------- ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ icer EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF JEFFREY A. GRAVES ("EXECUTIVE") (▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ("EXECUTIVE") (Capitalized terms ms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. ByBY: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ -------------------------------------------- ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ------------------------------------------- Title: President & Chief Executive Officer Agreed as of the date above written: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ --------------------------- ------------------------------------ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)