Common use of Remedies Cumulative; Specific Performance Clause in Contracts

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller agrees that: (a) in the event of any Breach or threatened Breach by the Seller of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 6 contracts

Sources: Patent Purchase Agreement (Xcelerate, Inc.), Asset Purchase Agreement (Grom Social Enterprises, Inc.), Asset Purchase Agreement (Electric Tractor Corp.)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller Each Selling Securityholder agrees that: : (a) in the event of any Breach or threatened Breach by the Seller such Selling Securityholder of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Titan Corp), Stock Purchase Agreement (Cayenta Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller agrees that: (a) in the event of any material Breach or threatened Breach by the Seller of any covenant, obligation or other provision set forth in this Agreement, Parent and the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and (b) neither Parent, the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 2 contracts

Sources: Asset Purchase Agreement (American Medical Technologies Inc/De), Asset Purchase Agreement (Biolase Technology Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The ) and Seller agrees that: (a) in the event of any Breach or threatened Breach by the Seller of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Medical Transcription Billing, Corp), Asset Purchase Agreement (Medical Transcription Billing, Corp)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller agrees Vendors agree that: : (a) in the event of any Breach or threatened Breach by any one or more of the Seller Vendors of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and ; and (ii) an injunction restraining such Breach or threatened Breach; and and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 2 contracts

Sources: Share Purchase Agreement (Asia Online LTD), Share Purchase Agreement (Asia Online LTD)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller agrees that: (a) in the event of any Breach or threatened Breach by the Seller of any covenant, obligation or other provision set forth in this Agreement, Parent and the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and (b) neither Parent, the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Globetel Communications Corp), Asset Purchase Agreement (Nvidia Corp/Ca)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller agrees Vendors agree that: : (a) in the event of any Breach or threatened Breach by any one or more of the Seller Vendors of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 2 contracts

Sources: Share Sale and Subscription Agreement (Asia Online LTD), Share Sale and Purchase Agreement (Asia Online LTD)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Shareholder and the Seller agrees agree that: (a) in the event of any Breach or threatened Breach by the Shareholder or the Seller of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Aura Systems Inc), Asset Purchase Agreement (Imageware Systems Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller Each Selling Shareholder agrees that: : (a) in the event of any Breach breach or threatened Breach breach by the Seller such Selling Shareholder of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 2 contracts

Sources: Plan of Reorganization and Stock Purchase Agreement (Javelin Systems Inc), Plan of Reorganization and Stock Purchase Agreement (Nichols Robert D)

Remedies Cumulative; Specific Performance. The rights All remedies, either under this Agreement or by law or otherwise afforded to the parties hereto, shall be cumulative and remedies not alternative. Each of the parties hereto shall be cumulative (and not alternative). The Seller agrees that: : (a) in the event of any Breach breach or threatened Breach breach by the Seller a party or Company of any covenant, obligation or other provision set forth in this Agreement, the Purchaser other party shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach breach or threatened Breachbreach; and and (b) neither the Purchaser nor any other Indemnitee Indemnitee, on the one hand, nor the Principal Stockholders, on the other, shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Sources: Merger Agreement (Beyond Com Corp)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller agrees Vendors and the Purchaser agree that: : (a) in the event of any Breach or threatened Breach by the Seller other party of any covenant, obligation or other provision set forth in this Agreement, the Purchaser non-breaching party shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and and (b) neither the Vendors and the Purchaser nor any other Indemnitee shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Sources: Share Sale and Purchase Agreement (Asia Online LTD)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller agrees that: (a) in the event of any Breach breach or threatened Breach breach by the Seller of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach breach or threatened Breachbreach; and (b) neither the Purchaser Purchaser, the Acquisition Sub nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Sources: Asset Purchase Agreement (Asyst Technologies Inc /Ca/)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller agrees agree that: (a) in the event of any Breach or threatened Breach by the Seller of any covenant, obligation or other provision set forth in this Agreement, the Purchaser Purchasers shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and (b) neither the Purchaser Purchasers nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Sources: Asset Purchase Agreement (Cavium Networks, Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller agrees parties agree that: (a) in the event of any Breach breach or threatened Breach breach by the Seller or the Purchaser of any covenant, obligation or other provision set forth in this Agreement, the Purchaser or the Seller, as the case may be, shall be entitled (in addition to any other remedy that may be available to it) to to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, ; and (ii) an injunction restraining such Breach breach or threatened Breachbreach; and (b) neither none of the Purchaser nor Purchaser, the Seller or any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Sources: Asset Purchase Agreement (Fairmarket Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller Vendor agrees that: : (a) in the event of any Breach or threatened Breach by the Seller Vendor of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Sources: Share Sale and Purchase Agreement (Asia Online LTD)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller agrees that: (a) in the event of any Breach or threatened Breach by the Seller of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to seek (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Sources: Asset Purchase Agreement (Leadis Technology Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (cumulative, and not alternative). The Seller agrees Sellers and the Company agree that: (a) in the event of any Breach breach or threatened Breach breach by the Seller Sellers of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (entitled, in addition to any other remedy that may be available to it) , to (i) a decree or order an Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach breach or threatened Breachbreach; and (b) neither the Purchaser nor any other Indemnitee Purchaser Indemnified Party shall be required to provide any bond or other security in connection with any such decree, order Order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Sources: Stock Purchase Agreement (Cambium Learning Group, Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller agrees Sellers agree that: (a) in the event of any Breach breach or threatened Breach breach by the Seller of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to seek (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach breach or threatened Breachbreach; and (b) neither the Purchaser nor any other Purchaser Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Sources: Asset Purchase Agreement (Coronado Biosciences Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller Each of the parties hereto agrees that: : (a) in the event of any Breach or threatened Breach by the Seller such party of any covenant, obligation or other provision set forth in this Agreement, the Purchaser each other party shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and and (b) neither the Selling Shareholders, Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Sources: Stock Purchase Agreement (Javelin Systems Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The Seller agrees that: : (a) in the event of any Breach or threatened Breach by the such Seller of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Sources: Asset Purchase Agreement (Integrated Surgical Systems Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The ) and Seller agrees that: (a) in the event of any Breach or threatened Breach by the Seller of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Sources: Asset Purchase Agreement (Medical Transcription Billing, Corp)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The ) and Seller agrees that: (a) in the event of any Breach or threatened Breach by the Seller of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.. Asset Purchase Agreement, MTBC & ▇▇▇ ▇▇

Appears in 1 contract

Sources: Asset Purchase Agreement

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). The ) and Seller agrees that: (a) in the event of any Breach or threatened Breach by the Seller of any covenant, obligation or other provision set forth in this Agreement, the Purchaser shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such Breach or threatened Breach; and (b) neither the Purchaser nor any other Indemnitee shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.. Asset Purchase Agreement, MTBC & R▇▇ ▇▇

Appears in 1 contract

Sources: Asset Purchase Agreement (Medical Transcription Billing, Corp)