Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 272 contracts
Samples: Agreement and Plan of Merger (Green Dot Corp), Equity Purchase Agreement (Addus HomeCare Corp), Asset Purchase Agreement (MRS Fields Famous Brands LLC)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies No remedy herein expressly conferred upon a any party will is intended to be deemed cumulative with and not exclusive of any other remedy, and each and every such remedy conferred herebyshall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute, or by law otherwise. No single or equity upon such party, and the partial exercise by a any party of any one right, power or remedy will not hereunder shall preclude the exercise of any other remedyor further exercise thereof.
Appears in 125 contracts
Samples: Note Purchase Agreement (Bos Better Online Solutions LTD), Note Purchase Agreement (HealthLynked Corp), Securities Purchase Agreement (MobiVentures Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 67 contracts
Samples: Merger Agreement (Sphere 3D Corp), Shareholder Agreement (Nanometrics Inc), Parent Shareholder Voting Agreement (August Technology Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies No remedy herein expressly conferred upon a any party will is intended to be deemed cumulative with and not exclusive of any other remedy, and each and every such remedy conferred hereby, shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by law statute or equity upon such party, and the otherwise. No single or partial exercise by a any party of any one right, power or remedy will not hereunder shall preclude the exercise of any other remedyor further exercise thereof.
Appears in 40 contracts
Samples: Agreement (Ventas Inc), Share Purchase Agreement, Operating Agreement (Helix Biomedix Inc)
Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partylaw, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 36 contracts
Samples: Video Game License Agreement (Fig Publishing, Inc.), Publishing License Agreement (Fig Publishing, Inc.), Fig Revenue Sharing Agreement (Fig Publishing, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies No remedy herein expressly conferred upon a party will any Party is intended to be deemed cumulative with and not exclusive of any other remedy conferred hereby, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by law statute or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyotherwise.
Appears in 31 contracts
Samples: Agreement and Plan of Reorganization (SearchCore, Inc.), Purchase Agreement (Heartland Bridge Capital, Inc.), Global Securities Purchase (SearchCore, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 20 contracts
Samples: Agreement and Plan of Merger (Amicus Therapeutics Inc), Agreement and Plan of Merger (Capnia, Inc.), Agreement and Plan of Merger (Berkshire Hills Bancorp Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Longevity Acquisition Corp), Stock Purchase Agreement (Surgalign Holdings, Inc.), Agreement and Plan of Merger (Fortune Rise Acquisition Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Enova International, Inc.), Agreement and Plan of Merger, Agreement and Plan of Merger (Cambrex Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party hereto of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any Party of any right to specific performance or injunctive relief.
Appears in 11 contracts
Samples: Asset Purchase Agreement (Argenx Se), PRV Transfer Agreement (Gw Pharmaceuticals PLC), Asset Purchase Agreement (Biomarin Pharmaceutical Inc)
Remedies Cumulative. Except as otherwise provided herein, any ------------------- and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 11 contracts
Samples: Acquisition Agreement (Autoweb Com Inc), Agreement and Plan of Reorganization (Agile Software Corp), Agreement and Plan of Merger (Lam Research Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 11 contracts
Samples: Asset Purchase Agreement (Neon Systems Inc), Asset Purchase Agreement (XCel Brands, Inc.), Master Framework Agreement (SITIME Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any party of any right to specific performance or injunctive relief.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Electronic Arts Inc.), Share Purchase Agreement (Nuvasive Inc), Purchase Agreement (Answers CORP)
Remedies Cumulative. Except as otherwise provided herein, any and all ------------------- remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 10 contracts
Samples: Agreement and Plan of Reorganization (Fogdog Inc), Agreement and Plan of Reorganization (Hei Inc), Affiliates Agreement (Qualix Group Inc)
Remedies Cumulative. Except as otherwise provided herein, any and ------------------- all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 10 contracts
Samples: Asset Purchase Agreement (Cais Internet Inc), Agreement and Plan of Reorganization (Sandpiper Networks Inc), Shareholder Agreement (Digital Island Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative (but without duplication) with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 9 contracts
Samples: Principal Shareholder Agreement (Maxwell Technologies Inc), Principal Shareholder Agreement (Maxwell Technologies Inc), Agreement and Plan of Merger (Oak Valley Bancorp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Corixa Corp), Agreement and Plan of Merger (Vitalcom Inc), Agreement and Plan of Merger and Reorganization (Onlinetradinginc Com Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 7 contracts
Samples: Asset Purchase Agreement (SolarWinds, Inc.), Escrow Agreement (SCG Financial Acquisition Corp.), Agreement and Plan of Merger (SCG Financial Acquisition Corp.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Nuance Communications, Inc.), Agreement and Plan of Merger (RealPage, Inc.), Agreement and Plan of Merger (Verde Bio Holdings, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 7 contracts
Samples: Support Agreement (Witness Systems Inc), Agreement and Plan of Merger (WebMD Health Corp.), Agreement and Plan of Merger (Agilysys Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of to any other remedy conferred herebyby this Agreement, or by law or equity upon applicable Law on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 6 contracts
Samples: Support Agreement (Rti Surgical, Inc.), Support Agreement (Rti Surgical, Inc.), Support Agreement (Rti Surgical, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Pegasystems Inc), Acquisition Agreement (Autobytel Inc), Acquisition Agreement (Autobytel Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred confirmed hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Stratus Services Group Inc), Asset Purchase Agreement (Stratus Services Group Inc), Asset Purchase Agreement (Stratus Services Group Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Darden Restaurants Inc), Agreement and Plan of Merger (Paya Holdings Inc.), Tender and Support Agreement (GTCR-Ultra Holdings, LLC)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 5 contracts
Samples: Master Development and License Agreement (Elite Pharmaceuticals Inc /Nv/), Development Agreement (Elite Pharmaceuticals Inc /Nv/), Master Development and License Agreement (Elite Pharmaceuticals Inc /Nv/)
Remedies Cumulative. Except as otherwise provided herein, any and all All remedies available to the parties or herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy remedies expressly conferred hereby, hereby or by law or equity upon such available to any party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 4 contracts
Samples: Employment Agreement (Harolds Stores Inc), Employment Agreement (Harolds Stores Inc), Employment Agreement (Harolds Stores Inc)
Remedies Cumulative. Except as otherwise provided herein, and subject to the terms and conditions set forth herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Cloudera, Inc.), Agreement and Plan of Merger (New Relic, Inc.), Agreement and Plan of Merger (Castlight Health, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any Party of any right to specific performance or injunctive relief.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Bluebird Bio, Inc.), Asset Purchase Agreement (Argenx Se), Asset Purchase Agreement (Rhythm Pharmaceuticals, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any party of any right to specific performance or injunctive relief.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Global Health Voyager Inc), Asset Purchase Agreement (Arris Group Inc), Asset Purchase Agreement (Critical Path Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party part of any one remedy will not preclude the exercise of any other remedy.
Appears in 4 contracts
Samples: Manufacturing Agreement (Laser Photonics Inc), Manufacturing Agreement (Laser Photonics Inc), Master Technology Agreement (Laser Photonics Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred herebyby this Agreement, or by law or equity upon applicable Law on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Form of Stockholder Agreement (Castlight Health, Inc.), Form of Support Agreement (Castlight Health, Inc.), Support Agreement (Symantec Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy, except as expressly set forth herein.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Nordhagen Arlen Dale), Agreement and Plan of Merger (National Storage Affiliates Trust), Agreement and Plan of Merger (Nordhagen Arlen Dale)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (CION Investment Corp), Master Transaction Agreement (Rti Surgical, Inc.), Master Transaction Agreement (RTI Surgical Holdings, Inc.)
Remedies Cumulative. Except as otherwise provided in Section 9.2(c) or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Teva Pharmaceutical Industries LTD), Agreement and Plan of Merger (Invitrogen Corp), Agreement and Plan of Merger (Stanley, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Applicable Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (CareDx, Inc.), Agreement and Plan of Merger (CareDx, Inc.), Agreement and Plan of Merger (CareDx, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Parent Stockholder Voting Agreement (August Technology Corp), Company Shareholder Voting Agreement (Rudolph Technologies Inc), Form of Voting Agreement (Novamed Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (FGX International Holdings LTD), Agreement and Plan of Merger (Essilor International /Fi), Merger Agreement (UTi WORLDWIDE INC)
Remedies Cumulative. Except as otherwise provided ------------------- herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (DentalServ.com), Agreement and Plan of Merger (DentalServ.com), Purchase Agreement (Naviant Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of to any other remedy conferred herebyby this Agreement, or by law or equity upon applicable Requirements of Law on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Support Agreement (RTI Surgical Holdings, Inc.), Support Agreement (RTI Surgical Holdings, Inc.), Support Agreement (RTI Surgical Holdings, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity equity, upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Stock Purchase Agreement (National Automation Services Inc), Agreement and Plan of Share Exchange (GreenHouse Holdings, Inc.)
Remedies Cumulative. Except as otherwise provided hereinherein (and specifically with respect to the remedy provided upon a termination by Parent pursuant to Section 7.3(b)(i)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Novellus Systems Inc), Agreement and Plan of Reorganization (Speedfam Ipec Inc)
Remedies Cumulative. (a) Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any Party of any right to specific performance or injunctive relief.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Valneva SE), Asset Purchase Agreement (Bluebird Bio, Inc.)
Remedies Cumulative. Except as otherwise provided herein, including without limitation Section 7(a)(iv), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Agrify Corp), Agreement and Plan of Merger (Agrify Corp)
Remedies Cumulative. Except as otherwise provided herein, any ------------------- and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Data Critical Corp), Agreement and Plan of Merger (Data Critical Corp)
Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Voting Agreement (LEO Pharma a/S), Voting Agreement (Peplin Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.. 8.8
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Rational Software Corp), Agreement and Plan of Reorganization (Avant Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law applicable Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Merit Medical Systems Inc), Agreement and Plan of Merger (Quality Systems, Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy. Nothing in this Agreement is intended to, or shall, limit any party’s liability for fraud.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Shamir Optica Holdings A.C.S. Ltd.), Agreement and Plan of Merger (Essilor International /Fi)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity equity, upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (NightHawk Radiology Holdings Inc), Stock and Partnership Interest Purchase Agreement (NightHawk Radiology Holdings Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party hereto of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any Party of any right to specific performance or injunctive relief.
Appears in 2 contracts
Samples: Asset Transfer Agreement (Otonomy, Inc.), Asset Transfer Agreement (Otonomy, Inc.)
Remedies Cumulative. Except as otherwise Notwithstanding anything else herein to the contrary, the remedies of each party provided herein, any and all remedies for herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party cumulative. The existence of any one remedy will shall not preclude impair the exercise right of any party to seek and obtain any other remedyremedy available to such party hereunder or otherwise under applicable law or equity.
Appears in 2 contracts
Samples: Agreement (Interstate General Co L P), Agreement of Purchase and Sale (Interstate General Co L P)
Remedies Cumulative. Except as otherwise provided herein, ------------------- any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Purchase Agreement (Naviant Inc), Agreement and Plan of Reorganization (Netcentives Inc)
Remedies Cumulative. Except as Unless expressly provided otherwise provided herein, any and all remedies no remedy herein expressly conferred upon a party will is intended, nor shall it be deemed cumulative with and not construed, to be exclusive of any other remedy conferred hereby, provided herein or as allowed by law or equity upon in equity, but all such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyremedies shall be cumulative.
Appears in 2 contracts
Samples: Propane Storage Agreement (Suburban Propane Partners Lp), Propane Storage Agreement (Suburban Propane Partners Lp)
Remedies Cumulative. Except as otherwise provided herein, and subject to the terms and conditions set forth herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.. 108
Appears in 1 contract
Samples: Agreement and Plan of Merger (Tessco Technologies Inc)
Remedies Cumulative. Except as otherwise provided in Section 9.2(f) or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Applicable Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.. * * *
Appears in 1 contract
Samples: Agreement and Plan of Merger (Granahan McCourt Acquisition CORP)
Remedies Cumulative. Except as otherwise expressly provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred herebyconferred, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger
Remedies Cumulative. Except as otherwise provided herein, any and all All remedies available to the parties or herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy remedies expressly conferred hereby, hereby or by law or equity upon such available to any party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Epitope Inc/Or/)
Remedies Cumulative. Except as otherwise provided hereinWithout limiting Section 4(a), any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided in Section 8.2, Section 9.2(c), Section 10.10 or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided hereinherein and without limiting Section 8.6, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Axos Financial, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any It is understood and all agreed that the remedies herein expressly conferred upon a given to each party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partycumulative, and the exercise by a party of any one remedy will of a party shall not preclude be to the exercise exclusion of any other remedy.
Appears in 1 contract
Samples: Lease Agreement (Faraday Future Intelligent Electric Inc.)
Remedies Cumulative. Except as otherwise provided hereinherein (and -------------------- specifically with respect to the remedy provided upon a termination by any party pursuant to Section 7.3(b)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Cardiotech International Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.. 11.7
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a any party hereto will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a any party hereto of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Asset Purchase Agreement (G Iii Apparel Group LTD /De/)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.. (h)
Appears in 1 contract
Samples: Voting Agreement (Diversified Restaurant Holdings, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, hereby and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, including the limitations expressly imposed by Article IX, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Entorian Technologies Inc)
Remedies Cumulative. Except as otherwise provided herein, any and ------------------- all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive exclusive, of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as Unless otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be de deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law Law or equity upon such party, Party and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided hereinin this Agreement, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Forest Laboratories Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon on a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law Law or equity upon on such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.. Except as set forth in Section 8.3(d)(iii), the Parties agree that (i) by seeking the remedies provided for in this
Appears in 1 contract
Samples: Purchase Agreement (Fluidigm Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive exclusive, of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Asset Purchase Agreement (Quickturn Design Systems Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party in this Agreement will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
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Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Stock Purchase Agreement (White Mountains Insurance Group LTD)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies Any remedy herein expressly conferred upon a party hereto will be deemed cumulative with with, and not exclusive of of, any other remedy herein expressly conferred hereby, or by law or equity upon such party, and the exercise by a party hereto of any one such remedy will not preclude the exercise of any other such remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cubist Pharmaceuticals Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.. [Signature Page Follows]
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Remedies Cumulative. Except as otherwise provided hereinherein (including the limitations with respect to remedies set forth in Section 8), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and and, except as otherwise provided herein (including the limitations with respect to remedies set forth in Section 8), the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise expressly provided hereinherein (e.g., Section 8.10), any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Forgent Networks Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.. 11.6
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Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.. 10.6
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred ----- ------------------- upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided hereinherein (including pursuant to Section 8.2), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity equity, upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred herebyby this Agreement, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing herein shall be deemed a waiver by any party of any right to specific performance or injunctive relief.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Howard Bancorp Inc)
Remedies Cumulative. Except as Unless otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Acquisition Option Agreement (Wilson Holdings, Inc.)
Remedies Cumulative. Except as otherwise provided hereinherein (including and subject to Section 8.7), any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any party of any right to specific performance or injunctive relief.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, including the sole and exclusive remedy provision of Section 7.6, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (SolarWinds, Inc.)
Remedies Cumulative. Except as otherwise expressly provided herein, any and all remedies no -------------------- remedy herein expressly conferred upon a any party will is intended to be deemed cumulative with and not exclusive of any other remedy, and each and every such remedy conferred hereby, shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by law statute or equity upon such party, and the otherwise. No single or partial exercise by a any party of any one right, power or remedy will not hereunder shall preclude the exercise of any other remedyor further exercise thereof.
Appears in 1 contract
Samples: Operating Agreement (American Leisure Holdings Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law, or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Share Purchase Agreement (Factset Research Systems Inc)
Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and end not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partylaw, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother. Headings shall not be considered in interpreting this Agreement.
Appears in 1 contract
Samples: Distribution Agreement (Claria Corp)
Remedies Cumulative. Except as provided in Article IX or as otherwise ------------------- provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise specifically provided herein, any and all the remedies provided herein expressly conferred upon a party will be deemed are cumulative with one another and not exclusive with any other remedies which any Party may have at law, in equity, under any agreements of any other remedy conferred hereby, type or by law or equity upon such partyotherwise, and the exercise by a party of or failure to exercise any one remedy will shall not preclude the exercise of that remedy at another time or of any other remedyremedy at any time.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided in Section 9.2(c) or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Support Agreement (WeWork Inc.)
Remedies Cumulative. Except as otherwise provided hereinherein (and --------------------- specifically with respect to the remedy provided upon a termination by any party pursuant to Section 7.3(b)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.. 8.17
Appears in 1 contract
Samples: Agreement (Tecogen Inc.)
Remedies Cumulative. Except as otherwise provided set forth herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
