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: (a) 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: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) no Person 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 Proceeding.

Appears in 9 contracts

Samples: Asset Purchase Agreement (Ii-Vi Inc), Asset Purchase Agreement (Verisign Inc/Ca), Asset Purchase Agreement (Flir Systems Inc)

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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: (a) , 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: (a) such other party shall be entitled (in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) no Person such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 7 contracts

Samples: Agreement of Merger (Oclaro, Inc.), Member Units Purchase Agreement (Vegalab, Inc.), Share Purchase Agreement (Riverbed Technology, Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees The parties hereto agree that: (a) in the event of any breach or threatened breach by the other any party of any covenant, obligation obligation, or other provision set forth in of this AgreementAgreement applicable to such party, such the other party shall be entitled (in addition to any other remedy that may be available available) to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) no Person such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 4 contracts

Samples: Contribution Agreement (Jazz Semiconductor Inc), Contribution Agreement (Jazz Semiconductor Inc), Contribution and Assumption Agreement (Ciglarette, Inc.)

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

Appears in 4 contracts

Samples: Share Exchange Agreement (Invisa Inc), Recapitalization Agreement (Jazz Semiconductor Inc), Stockholder Agreement (Jazz Semiconductor Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall will be cumulative (and not alternative). Each party Party agrees that: (a) in the event of any breach or threatened breach by the other party Party of any covenant, obligation or other provision set forth in this AgreementAmended IPLA, such party shall Party will be entitled (in addition to any other remedy that may be available to it) toto seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) no Person shall Party will be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Proceeding.

Appears in 3 contracts

Samples: Software Technology Services Agreement (Alibaba Group Holding LTD), Intellectual Property License Agreement (Alibaba Group Holding LTD), Intellectual Property License Agreement (Alibaba Group Holding LTD)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees that: (a) in the event of any breach or threatened breach by the any 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: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) no Person 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 3 contracts

Samples: Asset Purchase Agreement (Clone Algo Inc.), Asset Purchase Agreement (Clone Algo Inc.), Asset Purchase Agreement (Va 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 hereto agree that: (a) in the event of any breach or threatened breach by the other any party of any covenant, obligation obligation, or other provision set forth in of this AgreementAgreement applicable to such party, such party the other parties shall be entitled (in addition to any other remedy that may be available available) to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) no Person neither such other parties nor any other Indemnitee 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 action or Proceeding.

Appears in 3 contracts

Samples: Contribution Agreement (Jazz Semiconductor Inc), Contribution Agreement (Jazz Semiconductor Inc), Contribution Agreement (Jazz Semiconductor 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: (a) , 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: (a) such other party shall be entitled (in addition to any other remedy that may be available to it) to: to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) no Person such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 3 contracts

Samples: Share Purchase Agreement (Siebel Systems Inc), Agreement and Plan of Merger and Reorganization (Siebel Systems Inc), Escrow Agreement (Siebel Systems Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party of the parties agrees that: (a) in the event of any breach or threatened breach by the any other party of any covenant, obligation or other provision set forth in this Agreement, such the injured party shall be entitled (in addition to any other remedy that may be available to it) to: to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) no Person 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 action or Proceeding.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Planetout Inc), Asset Purchase Agreement (Planetout Inc)

Remedies Cumulative; Specific Performance. The Except as otherwise provided herein, the rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees The parties agree that: (a) in the event of any breach or threatened breach by the other any party of any covenant, obligation or other provision set forth in this Agreement, such party the other parties shall be entitled (in addition to any other remedy that may be available to itthem) to: to (i) a decree or order seek an Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) seek an injunction restraining such breach or threatened breach; and (b) no Person party shall be required to provide any bond or other security in connection with any such decree, order Order or injunction or in connection with any related action or Proceeding.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Verity Inc \De\), Asset Purchase Agreement (Inktomi Corp)

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

Appears in 2 contracts

Samples: Stockholder Agreement (Jazz Semiconductor Inc), Amended and Restated Shareholders Agreement (Emeritus Corp\wa\)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto Parties shall be cumulative (and not alternative). Each party agrees that: (a) in the event of any breach or threatened breach by the other party Party of any covenant, obligation or other provision set forth in this Agreement, such party Party shall be entitled (in addition to any other remedy that may be available to it) to: to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) no Person such shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Apollo Endosurgery, Inc.), Asset Purchase Agreement (ReShape Lifesciences Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees The parties agree that: (a) in the event of any breach or threatened breach by the other any party of any covenant, obligation or other provision set forth in this Agreement, such party the other parties shall be entitled (in addition to any other remedy that may be available to itit under this Agreement) to: to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) no Person 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 action or Proceeding.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Grace 2, Inc.), Stock Purchase Agreement (Grace 3, Inc.)

Remedies Cumulative; Specific Performance. The Except as expressly provided herein, the rights and remedies of the parties hereto shall be Parties are cumulative (and not alternative). Each party Party agrees that: (a) in the event of any breach or threatened breach by the other party Party of any covenant, obligation obligation, or other provision set forth in this Agreement, such party shall the injured Party will be entitled (in addition to any other remedy that may be available to it) to: to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation obligation, or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) no Person shall the injured Party will not be required to provide any bond or other security in connection with any such decree, order order, or injunction or in connection with any related Proceedingaction or proceeding.

Appears in 2 contracts

Samples: Assert Agreement (Broadcom Corp), Assert Agreement (Broadcom Corp)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees The parties hereto agree that: (a) 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 Agreement, such the other party shall be entitled (in addition to any other remedy that may be available to it) to: to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) no Person such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Proceedingaction or proceeding.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Callisto Pharmaceuticals Inc), Asset Purchase Agreement (Callisto Pharmaceuticals 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: (a) , 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: (a) such other party shall be entitled (in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) no Person such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Sorrento Therapeutics, Inc.), Agreement and Plan of Merger (Sorrento Therapeutics, Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall will be cumulative (and not alternative). Each party Party agrees that: (a) in the event of any breach or threatened breach by the other party Party of any covenant, obligation or other provision set forth in this Agreement, such party shall Party will be entitled (in addition to any other remedy that may be available to it) to: to pursue (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) no Person shall will be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Proceeding.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Vivus Inc), Asset Purchase Agreement (Vivus Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees , and the parties hereto agree that: (a) in the event of any breach Breach or threatened breach Breach by the other any party hereto 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 (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach Breach or threatened breachBreach; and (b) no Person neither such other party nor any other Indemnitee 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 action or Proceeding.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Cord Blood America, Inc.), Existing Samples Purchase Agreement (Cord Blood America, Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto under this Agreement shall be cumulative (and not alternative). Each party agrees that: (a) in the event of any breach Breach or threatened breach 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 (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach Breach or threatened breachBreach; and (b) no Person neither party nor any other Buyer or Seller Indemnitees 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 action or Proceeding.

Appears in 1 contract

Samples: Escrow Agreement (Simtek 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: (a) , 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: (a) such other party shall be entitled (in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) no Person such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (DreamWorks Animation SKG, Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall will be cumulative (and not alternative). Each party Party agrees that: (a) in the event of any breach or threatened breach by the other party Party of any covenant, obligation or other provision set forth in this Agreement, such party shall Party will be entitled (in addition to any other remedy that may be available to it) to: to seek (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (ii) an injunction restraining such breach or threatened breach; and (b) no Person shall Party will be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Proceeding.

Appears in 1 contract

Samples: Cross License Agreement (Alibaba Group Holding LTD)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (cumulative, and not alternative). Each party The Company agrees that: (a) in the event of any breach or threatened breach by the other party Company or any Company Indemnifying Party of any covenant, obligation or other provision set forth in this Agreement, such party MergerCo shall be entitled (entitled, in addition to any other remedy that may be available to it) to: , to (i) a decree or order an Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) no Person none of MergerCo nor any other Parent Indemnified Party shall be required to provide any bond or other security in connection with any such decree, order Order or injunction or in connection with any related Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (SFX Entertainment, INC)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto Parties shall be cumulative (and not alternative). Each party agrees that: (a) in the event of any breach Breach or threatened breach Breach by the other party Party of any covenant, obligation or other provision set forth in this Agreement, such party Party shall be entitled (in addition to any other remedy that may be available to it) to: to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach Breach or threatened breachBreach; and (b) no Person such shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cardiva Medical, Inc.)

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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 hereto agree that: (a) in the event of any breach Breach or threatened breach Breach by any party hereto of Section 5.4, Section 5.5, Section 5.6, Section 5.7(d), Section 5.7(e), Section 5.9 and Section 9.11, 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: to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach Breach or threatened breachBreach; and (b) no Person neither such other party nor any other Indemnitee 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 action or Proceeding.

Appears in 1 contract

Samples: Asset Contribution Agreement (Ndchealth Corp)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Cavium Networks, Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall will be cumulative (and not alternative). Each party agrees that: (a) 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 will be entitled (in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) no Person shall person will be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Proceeding.

Appears in 1 contract

Samples: Transition Services Agreement (Fairmarket 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: (a) , 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: (a) such other party shall be entitled to seek (in addition to any other remedy that may be available to it) to: ): (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) no Person such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Proceeding.

Appears in 1 contract

Samples: Share Purchase Agreement (Zynga 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: (a) , 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 (ia) a decree or order an Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (iib) an injunction restraining such breach or threatened breach; and (b) . The parties agree that no Person party shall be required to provide any bond or other security in connection with any such decree, order or injunction Order or in connection with any related Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rovi Corp)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall will be cumulative (and not alternative). Each party agrees that: (a) 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 will be entitled (in addition to any other remedy that may be available to it) to: to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) no Person shall will be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Proceeding.

Appears in 1 contract

Samples: License Agreement (Comscore, Inc.)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Accrue Software Inc)

Remedies Cumulative; Specific Performance. The Subject to Section 5.7, the rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees that: The parties hereto agree that (a) in the event of any breach Breach or threatened breach Breach by the other any party hereto of any covenant, obligation or other provision set forth in Sections 4.3, 4.4 or 4.5 of this Agreement, such the other party shall be entitled (in addition to any other remedy that may be available to it) to: to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (ii) an injunction restraining such breach Breach or threatened breach; Breach and (b) no Person neither such other party nor any other Indemnitee 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 action or Proceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Inuvo, 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: (a) , in the event of any breach or threatened breach by the other a party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, such party : (a) the other parties shall be entitled (in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (ii) an injunction restraining such breach or threatened breach; breach and (b) no Person the non-breaching party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Recapitalization Agreement (Velocity Express Corp)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees that: (a) in the event of any breach or threatened breach by the any 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: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) no Person 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 Proceedinglegal proceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Chanticleer Holdings, Inc.)

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: (a) , in the event of any breach or threatened breach by the other party either Party of any covenant, obligation or other provision set forth in this Agreement, such party Agreement (a) the other Party shall be entitled (in addition to any other remedy that may be available to it) to: to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (ii) an injunction restraining such breach or threatened breach; breach and (b) no Person such other Party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Raptor Pharmaceutical Corp)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties Parties hereto shall be cumulative (and not alternative). Each party Party agrees that: (a) in the event of any breach or threatened breach by the other party Party of any covenant, obligation obligation, or other provision set forth in this AgreementAgreement (including the provisions set forth in Schedule 2.5), such party the injured Party shall be entitled (in addition to any other remedy that may be available to it) to: to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) no Person the injured Party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Proceeding.

Appears in 1 contract

Samples: Patent Purchase Agreement (Applied Micro Circuits Corp)

Remedies Cumulative; Specific Performance. The Except as otherwise provided in this Agreement, the rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees that: (a) in the event of any breach Breach or threatened breach Breach by the other one 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 (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach Breach or threatened breachBreach; and (b) no Person 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 action or Proceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Renovis Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall will be cumulative (and not alternative). Each party agrees that: (a) 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 will be entitled (in addition to any other remedy that may be available to it) toto seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) no Person shall party will be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Proceedingproceeding.

Appears in 1 contract

Samples: Software Technology Services Agreement (Alibaba Group Holding LTD)

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