Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in this Section 10.4, it is agreed that ▇▇▇▇▇▇ and Merger Sub will be entitled to an injunction, specific performance or other equitable relief as provided in Section 11.19, except that, although a Party, in its sole discretion, may determine its choice of remedies hereunder, including by pursuing specific performance in accordance with, but subject to the limitations of, Section 11.19, under no circumstances will a Party be permitted or entitled to receive both specific performance of the type contemplated by Section 11.19 and any monetary damages.
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Sources: Merger Agreement (Aerkomm Inc.), Merger Agreement (IX Acquisition Corp.)
Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in this Section 10.410.4(d), it is agreed that ▇▇▇▇▇▇ and ▇, Merger Sub and the Company will be entitled to an injunction, specific performance or other equitable relief as provided in Section 11.19, except that, although a Party, in its sole discretion, may determine its choice of remedies hereunder, including by pursuing specific performance in accordance with, but subject to the limitations of, Section 11.19, under no circumstances will a Party be permitted or entitled to receive both specific performance of the type contemplated by Section 11.19 and any monetary damages.
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