Specific Performance and Other Equitable Relief. The parties hereby expressly recognize and acknowledge that immediate, extensive and irreparable damage would result, no adequate remedy at Law would exist and damages would be difficult to determine in the event that any provision of this Agreement is not performed in accordance with its specific terms or otherwise breached. It is hereby agreed that the parties shall be entitled to specific performance of the terms hereof and immediate injunctive relief and other equitable relief, without the necessity of proving the inadequacy of money damages as a remedy, and the parties further hereby agree to waive any requirement for the securing or posting of a bond in connection with the obtaining of such injunctive or other equitable relief. The parties further agree not to assert that a remedy of injunctive relief, specific performance or other equitable relief is unenforceable, invalid, contrary to Law or inequitable for any reason, nor to assert that a remedy of monetary damages would provide an adequate remedy. Such remedies, and any and all other remedies provided for in this Agreement, shall, however, be cumulative in nature and not exclusive and shall be in addition to any other remedies whatsoever which any party may otherwise have. Each of the parties hereby acknowledges that the existence of any other remedy contemplated by this Agreement does not diminish the availability of specific performance of the obligations hereunder or any other injunctive relief. Each of the parties further acknowledges and agrees that injunctive relief and/or specific performance will not cause an undue hardship to such party.
Appears in 1 contract
Sources: Membership Interest Purchase Agreement (Dean Foods Co)
Specific Performance and Other Equitable Relief. The parties Parties hereby expressly recognize and acknowledge that immediate, extensive extensive, and irreparable damage would result, no adequate remedy at Law law would exist exist, and damages would be difficult to determine in the event that any provision of this Agreement is not performed in accordance with its specific terms or otherwise breached. It is hereby agreed agreed, notwithstanding the intent of the Parties to submit claims to arbitration in accordance with Clause 24.2, that the parties Parties shall be entitled to specific performance of the terms hereof and immediate injunctive relief and other equitable relief, without the necessity of proving the inadequacy of money damages as a remedy, and the parties Parties further hereby agree to waive any requirement for the securing or posting of a bond in connection with the obtaining of such injunctive or other equitable relief. The parties Parties further agree not to assert that a remedy of injunctive relief, specific performance performance, or other equitable relief is unenforceable, invalid, contrary to Law law, or inequitable for any reason, nor to assert that a remedy of monetary damages would provide an adequate remedy. Such remedies, and any and all other remedies provided for in this Agreement, shall, however, be cumulative in nature and not exclusive and shall be in addition to any other remedies whatsoever which any party either Party may otherwise have. Each of the parties Parties hereby acknowledges that the existence of any other remedy contemplated by this Agreement does not diminish the availability of specific performance of the obligations hereunder or any other injunctive relief. Each of the parties Parties further acknowledges and agrees that injunctive relief and/or or specific performance will not cause an undue hardship to such partyParty.
Appears in 1 contract
Sources: Toll Manufacturing and Supply Agreement (Cellular Biomedicine Group, Inc.)
Specific Performance and Other Equitable Relief. The parties Parties hereby expressly recognize and acknowledge that immediate, extensive extensive, and irreparable damage would result, no adequate remedy at Law law would exist exist, and damages would be difficult to determine in the event that any provision of this Agreement is not performed in accordance with its specific terms or otherwise breached. It is hereby agreed agreed, notwithstanding the intent of the Parties to submit claims to arbitration in accordance with Section 18.12, that the parties Parties shall be entitled to specific performance of the terms hereof and immediate injunctive relief and other equitable relief, without the necessity of proving the inadequacy of money damages as a remedy, and the parties Parties further hereby agree to waive any requirement for the securing or posting of a bond in connection with the obtaining of such injunctive or other equitable relief. The parties Parties further agree not to assert that a remedy of injunctive relief, specific performance performance, or other equitable relief is unenforceable, invalid, contrary to Law law, or inequitable for any reason, nor to assert that a remedy of monetary damages would provide an adequate remedy. Such remedies, and any and all other remedies provided for in this Agreement, shall, however, be cumulative in nature and not exclusive and shall be in addition to any other remedies whatsoever which any party either Party may otherwise have. Each of the parties Parties hereby acknowledges that the existence of any other remedy contemplated by this Agreement does not diminish the availability of specific performance of the obligations hereunder or any other injunctive relief. Each of the parties Parties further acknowledges and agrees that injunctive relief and/or or specific performance will not cause an undue hardship to such partyParty.
Appears in 1 contract
Sources: License and Collaboration Agreement (Cellular Biomedicine Group, Inc.)