Common use of Effect of Termination Payment Clause in Contracts

Effect of Termination Payment. For greater certainty, the Parties agree that the payment of the amount pursuant to this Section 7.2 is the sole monetary remedy as a result of the occurrence of any of the events referred to in this Section 7.2(b) or Section 7.2(c); provided that neither the termination of this Agreement nor anything contained in Section 7.2(b) or Section 7.2(c) shall relieve any Party from any liability for any intentional or willful breach by it of this Agreement. Subject to the immediately preceding sentence, nothing in this Agreement shall preclude a Party from seeking damages in respect of losses incurred or suffered by such Party as a result of any breach of this Agreement by the other Party, seeking injunctive relief to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or the Non-Disclosure Agreement or otherwise, or seeking specific performance of any of such covenants or agreements, without the necessity of posting bond or security in connection therewith. ARTICLE VIII

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Auxilium Pharmaceuticals Inc), QLT Inc/Bc, QLT Inc/Bc

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Effect of Termination Payment. For greater certainty, the Parties parties agree that the payment of the amount Termination Payment to be received pursuant to this Section 7.2 is the sole monetary remedy as a result in compensation or damages of the occurrence of any of party receiving such Termination Payment with respect to the events referred giving rise to in this Section 7.2(b) or Section 7.2(c); provided that neither the termination of this Agreement nor anything and the resulting Termination Payment Event; provided, however, that nothing contained in this Section 7.2(b) or Section 7.2(c) 7.3, and no payment of any Termination Payment, shall relieve or have the effect of relieving any Party party in any way from any liability for any intentional or willful breach by it of this Agreement. Subject to the immediately preceding sentence, nothing in this Agreement shall preclude a Party from seeking damages in respect of losses incurred or suffered by such Party a party as a result of any an intentional or wilful breach of this Agreement, including the intentional or wilful making of a misrepresentation in this Agreement by (including the other Party, Schedules hereto). Nothing herein shall preclude a party from seeking injunctive relief to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or the Non-Disclosure Agreement or otherwise, or seeking otherwise to obtain specific performance of any of such covenants or agreements, without the necessity of posting bond or security in connection therewith. ARTICLE VIII.

Appears in 2 contracts

Samples: Agreement (Arizona Star Resource Corp /Fi), Support Agreement (Barrick Gold Corp)

Effect of Termination Payment. For greater certainty, the Parties agree that the payment of the amount pursuant to this Section 7.2 is the sole monetary remedy as a result of the occurrence of any of the events referred to in this Section 7.2(b) or Section 7.2(c); provided that neither the termination of this Agreement nor anything contained in Section 7.2(b) or Section 7.2(c) shall relieve any Party from any liability for any intentional or willful breach by it of this Agreement. Subject to the immediately preceding sentence, nothing in this Agreement shall preclude a Party from seeking damages in respect of losses incurred or suffered by such Party as a result of any breach of this Agreement by the other Party, seeking injunctive relief to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or the Non-Disclosure Agreement or otherwise, or seeking specific performance of any of such covenants or agreements, without the necessity of posting bond or security in connection therewith. ARTICLE VIII.

Appears in 1 contract

Samples: Warrant Agreement (Aegerion Pharmaceuticals, Inc.)

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Effect of Termination Payment. For greater certainty, the Parties agree that the payment of the amount pursuant to this Section 7.2 is the sole monetary remedy as a result of the occurrence of any of the events referred to in this Section 7.2(b) or Section 7.2(c); provided that neither the termination of this Agreement nor anything contained in Section 7.2(b) or Section 7.2(c) shall relieve any Party from any liability for fraud or any intentional or willful breach by it of this Agreement. Subject to the immediately preceding sentence, nothing in this Agreement shall preclude a Party from seeking damages in respect of losses incurred or suffered by such Party as a result of any breach of this Agreement by the other Party, seeking injunctive relief to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or the Non-Disclosure Agreement or otherwise, or seeking specific performance of any of such covenants or agreements, without the necessity of posting bond or security in connection therewith. ARTICLE VIII.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Acasti Pharma Inc.)

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