Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant,
Appears in 5 contracts
Sources: Merger Agreement (Celunol Corp), Merger Agreement (Andataco), Agreement and Plan of Merger and Reorganization (Dna Sciences Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant,, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be
Appears in 3 contracts
Sources: Asset Purchase Agreement (Digital River Inc /De), Asset Purchase Agreement (Calico Commerce Inc/), Agreement and Plan of Merger and Reorganization (Axys Pharmecueticals Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree Each party agrees that, : (a) in the event of any breach or threatened breach by any the other party to this Agreement of any covenant,, obligation or other provision set forth in this Agreement, such party shall be entitled (in addition to any other
Appears in 2 contracts
Sources: Asset Purchase Agreement (Portola Pharmaceuticals Inc), Asset Purchase Agreement (Portola Pharmaceuticals Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or of threatened breach by any party to this Agreement of any covenant,, obligation or other provision set forth in this Agreement for the benefit of any other party to this
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant,, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order of specific performance or mandamus to enforce the
Appears in 1 contract
Sources: Merger Agreement (Titan Corp)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (cumulative. and not alternative). The the parties to this Agreement hereto agree that, that in the event of any breach or threatened breach by any party to this Agreement hereto of any covenant,, obligation or other provision set forth in this Agreement, the other party shall be entitled (in addition to any other remedy that may be available to it), to a decree or order of specific performance.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The Except as set forth in Section 9.8, (i) the rights and remedies of the parties hereto shall be cumulative (and not alternative). The , and (ii) the parties to this Agreement hereto agree that, : (a) in the event of any breach Breach or threatened breach Breach by any party to this Agreement hereto of any covenant,, obligation or other provision set forth in this Agreement, the other party
Appears in 1 contract
Sources: Asset Purchase Agreement (Cord Blood America, Inc.)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in In the event of any breach failure or threatened breach failure by any either party to comply with the terms of this Agreement of any covenant,Agreement, the othe...
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement hereto agree that, that irreparable damage would occur in the event that any of any breach or threatened breach by any party to the provisions of this Agreement were not performed in accordance with the terms hereof. Accordingly, the parties agree that each of any covenant,them shall be entitled to seek injunctive relief to prevent breaches of the terms of this Agreement and
Appears in 1 contract
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant,, obligation or other provision set forth in this Agreement for the benefit of any other party to this
Appears in 1 contract
Sources: Merger Agreement (Titan Corp)
Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant,, obligation or other provision set forth in this Agreement for the benefit of any other party to this Agreement, such other party shall be entitled (in addition to any other remedy that may be available to it) to (a) a decree or order
Appears in 1 contract
Sources: Agreement and Plan of Merger and Reorganization (Documentum Inc)