Common use of No Specific Performance Clause in Contracts

No Specific Performance. Each party hereto agrees and acknowledges that (i) no party shall be entitled to an injunction or injunctions or other equitable relief to prevent any breach or threatened breach of this Agreement or to enforce specifically any of the terms and provisions hereof; (ii) each party’s sole and exclusive remedies shall be the remedies available at law; (iii) under no circumstance shall the Purchaser, on one hand, and the Sellers and the Company collectively, on the other hand, be entitled to recover an aggregate amount under such remedies that is in excess of US$80,000,000;and (iv) in the event that any of the provisions of this Agreement are not performed by any other party in accordance with their specific terms or are otherwise breached, each party shall not allege, and hereby waives, any claim that such remedies at law are inadequate; provided that prior to the termination of this Agreement, each party shall be entitled to apply to an arbitral tribunal or competent court for an interim injunction or injunctions to prevent any breach or threatened breach of Section 5.9 (Confidentiality) or Section 5.16 (No Solicitation).