Common use of Remedies Cumulative; Specific Performance Clause in Contracts

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees that, in the event of any breach or threatened breach by the other party of any covenant, obligation or other provision set forth in this Agreement, such party shall be entitled (in addition to any other remedy that may be available to it) to: (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.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Symyx Technologies Inc), Asset Purchase Agreement (Accelrys, Inc.)

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Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). Each party agrees The Parties agree that, in the event of any breach or threatened breach by the other party any Party of any covenant, obligation or other provision set forth in this AgreementAgreement for the benefit of any other Party, such party other Party shall be entitled (in addition to any other remedy that may be available to it) to: to (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.

Appears in 2 contracts

Samples: Membership Interest Purchase and Sale Agreement (Novus Capital Corp), Asset Purchase Agreement (Intermune Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). Each party agrees The Parties to this Agreement agree that, in the event of any breach or threatened breach by the other party 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 party other Party shall be entitled (in addition to any other remedy that may be available to it) to: to (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.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Dixie Group Inc), Securities Purchase Agreement (Dixie Group Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees The parties to this Agreement agree that, in the event of any breach or threatened breach by the other 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 to seek (in addition to any other remedy that may be available to it) to: to (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.

Appears in 1 contract

Samples: Registration Rights Agreement (Cavium Networks, Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees The parties to the Agreement agree that, in the event of any breach or threatened breach by the other 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: to (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (bii) an injunction restraining such breach or threatened breach.

Appears in 1 contract

Samples: Company Stockholders’ Agreement (Micronetics Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees that, : in the event of any breach or threatened breach by the other party of any covenant, obligation or other provision set forth in this Agreement, such party shall be entitled (in addition to any other remedy that may be available to it) toto seek: (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (bii) an injunction restraining such breach or threatened breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Openwave Systems Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). Each party agrees The Parties hereto agree that, in the event of any breach or threatened breach by the other party 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 party other Party shall be entitled (in addition to any other remedy that may be available to it) to: to (a) a decree or order 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.

Appears in 1 contract

Samples: Share Purchase Agreement (Syneron Medical Ltd.)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto Parties shall be cumulative (and not alternative). Each party agrees The Parties agree that, in the event of any breach or threatened breach by the other party a Party of any covenant, obligation or other provision set forth in this Agreement, such : each other Party or third party beneficiary hereof shall be entitled have the right to (in addition to any other remedy that may be available to it) to: (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (bii) an injunction restraining such breach or threatened breach.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Under Armour, Inc.)

Remedies Cumulative; Specific Performance. The rights All remedies, either under this Agreement or by law or otherwise afforded to the parties hereto, shall be cumulative and remedies not alternative. Each of the parties hereto shall be cumulative (and not alternative). Each party agrees that, that in the event of any breach or threatened breach by the other a party of any covenant, obligation or other provision set forth in this Agreement, such the other party shall be entitled (in addition to any other remedy that may be available to it) to: to (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (bii) an injunction restraining such breach or threatened breach.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Omnis Technology Corp)

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Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees The parties to this agreement agree that, in the event of any breach or threatened breach by the other any party to this agreement of any covenant, obligation or other provision set forth in this Agreementagreement 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: to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (b) an injunction restraining such breach or threatened breach.

Appears in 1 contract

Samples: Purchase Agreement (MetroConnect Inc.)

Remedies Cumulative; Specific Performance. The Except as set forth in Article 13, the rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees The parties hereto agree that, in the event of any breach or threatened breach by the other any party hereto of any covenant, obligation or other provision set forth in this Agreementherein for the benefit of any other party hereto, such other party shall be entitled (in addition to any other remedy that may be available to it) to: 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.

Appears in 1 contract

Samples: Stock Purchase Agreement (Innovative Food Holdings Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees to this Agreement agree that, except as provided in Section 10.3, in the event of any breach or threatened breach by the other 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: to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (b) an injunction restraining such breach or threatened breach.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Borland Software Corp)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees The parties to this Agreement agree that, in the event of any breach or threatened breach by the other 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: to (a) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (b) an injunction restraining such breach or threatened breach. The parties agree that no party shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Legal Proceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement and Plan of Reorganization (Biodesix Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees that, The parties agree that in the event of any breach or threatened breach by the other party of any covenant, obligation or other provision set forth in this Agreement, such the non-breaching party shall be entitled (in addition to any other remedy that may be available to it) to: to (ai) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (bii) an injunction restraining such breach or threatened breach.

Appears in 1 contract

Samples: Stock Purchase Agreement (Planet Polymer Technologies Inc)

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