Cumulative Remedies; Specific Performance. (a) The rights and remedies of any party hereto as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies now or hereafter provided by law or at equity.
Cumulative Remedies; Specific Performance. All rights and remedies under this Agreement or otherwise afforded by Applicable Law to any party, shall be cumulative and not alternative. Without limiting the rights of a party hereto to pursue all other legal and equitable rights available to such party for another party’s failure to perform its obligations under this Agreement, the parties hereto acknowledge and agree that the remedy at law for any failure to perform their respective obligations hereunder would be inadequate and that each party shall be entitled to specific performance, injunctive relief or other equitable remedies in the event of any such failure. Each of the parties hereby further waives any requirement under Applicable Law to post security as a prerequisite to obtaining equitable relief.
Cumulative Remedies; Specific Performance. All rights and remedies of a Party hereto are cumulative of each other and of every other right or remedy such Party may otherwise have at law or in equity, and the exercise of one or more rights or remedies will not prejudice or impair the concurrent or subsequent exercise of other rights or remedies. Buyer will expressly be entitled to specific performance as a remedy.
Cumulative Remedies; Specific Performance. No right or remedy conferred upon or reserved to any of the parties under the terms of this Agreement is intended to be, nor shall it be deemed, exclusive of any other right or remedy provided in this Agreement or by law or equity, but each shall be cumulative of every other right or remedy. The parties understand and acknowledge that a party may be damaged irreparably by reason of a failure of another party to perform any obligation under this Agreement. Accordingly, if any party attempts to enforce the provisions of this Agreement by specific performance (including preliminary or permanent injunctive relief), the party against whom such action or Proceeding is brought waives the claim or defense that the other party has an adequate remedy at law.
Cumulative Remedies; Specific Performance. All rights and remedies under this Agreement or otherwise afforded by Applicable Law to any party, shall be cumulative and not alternative. Without limiting the rights of a party hereto to pursue all other legal and equitable rights available to such party for another party’s failure to perform its obligations under this Agreement, the parties hereto acknowledge and agree that the remedy at law for any failure to perform their respective obligations hereunder would be inadequate and that each party shall be entitled to specific performance, injunctive relief or other equitable remedies in the event of any such failure.
Cumulative Remedies; Specific Performance. The rights and remedies of the parties shall be construed cumulatively, and none of such rights and remedies shall be exclusive of, or in lieu or limitation of, any other right, remedy or priority allowed by law, unless specifically set forth herein. The parties acknowledge that irreparable harm would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached and that legal remedies alone for breach of this Agreement may be inadequate. The parties further acknowledge that any party by whom this Agreement is enforceable shall be entitled to institute and prosecute proceedings, either at law or in equity, to seek specific performance of the terms and conditions of this Agreement, to obtain injunctive relief, or to obtain any other appropriate relief or remedy. Any requirements for securing or posting of any bond in connection with such remedies are hereby waived.
Cumulative Remedies; 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 seek (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (b) an injunction restraining such breach or threatened breach.
Cumulative Remedies; Specific Performance. None of the rights, powers or remedies conferred upon each Holder, on the one hand, or the Company, on the other hand, shall be mutually exclusive, and each such right, power or remedy shall be cumulative and in addition to every other right, power or remedy, whether conferred by this Agreement or now or hereafter available at law, in equity, by statute or otherwise. Each of the Holders and the Company acknowledges and agrees that, in view of the uniqueness of the securities referenced herein and the transactions contemplated hereby, money damages will not provide an adequate remedy at law if this Agreement is not performed in accordance with its terms, and therefore agrees that, in addition to being entitled to exercise all rights provided hereunder or granted by law, including recovery of damages (money or otherwise), each of the Holders shall be entitled to specific performance under this Agreement, without the requirement of either proving the inadequacy of monetary damages as a remedy (or irreparable harm) or the posting of a bond. The Company hereby agrees to waive in any action for specific performance of any obligation the defense that a remedy at law would be inadequate.
Cumulative Remedies; Specific Performance. No right or remedy conferred upon or reserved to any of the parties under the terms of this Agreement is intended to be, nor shall it be deemed, exclusive of any other right or remedy provided in this Agreement or by law or equity, but each shall be cumulative of every other right or remedy. The parties understand and acknowledge that a party may be damaged irreparably by reason of a failure of another party to perform any obligation under this Agreement. Accordingly, if any party attempts to enforce the provisions of this Agreement by specific performance (including preliminary or permanent injunctive relief), the party against whom such action or proceeding is brought waives the claim or defense that the other party has an adequate remedy at law. In Witness Whereof, the parties have entered into this Agreement as of the date first written above. Atria Communities, Inc. By: /s/ J. Xxxxxxx Xxxxxx ----------------------------- Title: Chief Financial Officer -------------------------- ("Buyer") Nursing Care Four By: /s/ Xxxxx X. Xxxxxx ----------------------------- Title: General Partner -------------------------- ("Owner") Xxxxxxxx Nursing Center, Inc. By: /s/ Xxxxx X. Xxxxxx ----------------------------- Title: President -------------------------- ("Operator") /s/ Xxxxx X. Xxxxxx -------------------------------- Xxxxx X. Xxxxxx -33- /s/ Xxxxx Xxxxxx ----------------------------------------- Xxxxx Xxxxxx /s/ Xxxx X. Xxxxxxx ----------------------------------------- Xxxx X. Xxxxxxx /s/ Xxxxx X. Xxxxxxx ----------------------------------------- Xxxxx X. Xxxxxxx /s/ Xxxxx Xxxxxxx ----------------------------------------- Xxxxx Xxxxxxx /s/ Xxx Xxxxxx ----------------------------------------- Xxx Xxxxxx ("Shareholders")
Cumulative Remedies; Specific Performance. (a) The exercise of any remedy provided for in this Agreement, including without limitation any remedy afforded in Section 9.02 or in Section 13.02, shall not be construed as a waiver or release by any Member or Indemnitee of any rights or remedies available to it under any Applicable Laws. The rights of indemnification provided for in Section 13.02 or in Section 9.02 are not exclusive but shall be cumulative with any other right that any Member or an Indemnitee may have or may hereafter acquire under any Applicable Law, any provision of this Agreement, any provision of any other agreement or otherwise and shall continue as to any Member or an Indemnitee who has ceased to serve in such capacity and shall inure to the benefit of the heirs, successors, assignees and administrators of such Member or Indemnitee. In no event shall the exercise of remedies by a Member or Indemnitee under any Applicable Law, hereunder or under any provision of any other agreement or otherwise result in such Member or Indemnitee recovering duplicative damages in respect of the same breach or injury. No assertion of any right to indemnity hereunder shall be construed or interpreted as an election of remedies by any Member or an Indemnitee.
