Common use of Remedies; Severability Clause in Contracts

Remedies; Severability. Notwithstanding Section 8.10 above, it is specifically understood and agreed that any breach of the provisions of this Agreement, or any other agreement executed and delivered pursuant to this Agreement, by any person subject hereto will result in irreparable injury to the other parties hereto, that the remedy at law alone will be an inadequate remedy for such breach, and that, in addition to any other remedies which they may have, such other parties may enforce their respective rights by actions for specific performance (to the extent permitted by law). Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of this Agreement.

Appears in 2 contracts

Samples: Stockholders Agreement (Eagle Test Systems, Inc.), Stockholders Agreement (Eagle Test Systems, Inc.)

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Remedies; Severability. Notwithstanding Section 8.10 aboveanything herein to the contrary, it is specifically understood and agreed that any breach of the provisions of this Agreement, or any other agreement executed and delivered pursuant to this Agreement, the Transaction Documents by any person Person subject hereto or thereto will result in irreparable injury to the other parties heretohereto or thereto, that the remedy at law alone will be an inadequate remedy for such breach, and that, in addition to any other remedies which they may havehave at law or in equity, including recovery of damages, such other parties may enforce their respective rights by actions for specific performance (to the extent permitted by law). Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of this Agreement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Torvec Inc), Securities Purchase Agreement (Torvec Inc)

Remedies; Severability. Notwithstanding Section 8.10 above7.9, it is specifically understood and agreed that any breach of the provisions of this Agreement, or any other agreement executed and delivered pursuant to this Agreement, Agreement by any person subject hereto will result in irreparable injury to the other parties hereto, that the remedy at law alone will be an inadequate remedy for such breach, and that, in addition to any other legal or equitable remedies which they may have, such other parties may enforce their respective rights by actions for specific performance (to the extent permitted by law). Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of this Agreement.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (International Microcircuits Inc)

Remedies; Severability. Notwithstanding Section 8.10 above9(c), it is specifically understood and agreed that any breach of the provisions of this Agreement, or any other agreement executed and delivered pursuant to this Agreement, Agreement by any person subject hereto will result in irreparable injury to the other parties hereto, that the remedy at law alone will be an inadequate remedy for such breach, and that, in addition to any other remedies which they may have, such other parties may enforce their respective rights by actions for specific performance (to the extent permitted by law). Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Unica Corp)

Remedies; Severability. Notwithstanding Section 8.10 above6.9, it is ---------------------- specifically understood and agreed that any breach of the provisions of this Agreement, or any other agreement executed and delivered pursuant to this Agreement, Agreement by any person subject hereto will result in irreparable injury to the other parties hereto, that the remedy at law alone will be an inadequate remedy for such breach, and that, in addition to any other legal or equitable remedies which they may have, such other parties may enforce their respective rights by actions for specific performance (to the extent permitted by law). Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of this Agreement.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Boron Lepore & Associates Inc)

Remedies; Severability. Notwithstanding Section 8.10 above9(c), it is specifically understood and agreed that any breach of the provisions of this Agreement, or any other agreement executed and delivered pursuant to this Agreement, Agreement by any person subject hereto will result in irreparable injury to the other parties hereto, that the remedy at law alone will be an inadequate remedy for such breach, and that, in addition to any other remedies which they may have, such other parties may enforce their respective rights by actions for specific performance in the federal or state courts in The Commonwealth of Massachusetts (to the extent permitted by law). Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Hittite Microwave Corp)

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Remedies; Severability. Notwithstanding Section 8.10 above9(g), it is specifically understood and agreed that any breach of the provisions of this Agreement, or any other agreement executed and delivered pursuant to this Agreement, Agreement by any person Person subject hereto will result in irreparable injury to the other parties hereto, that the remedy at law alone will be an inadequate remedy for such breach, and that, in addition to any other remedies which they may have, such other parties may enforce their respective rights by actions for specific performance (to the extent permitted by law). Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Lawson Software Inc)

Remedies; Severability. Notwithstanding Section 8.10 Sections 9.10 and 9.11 above, it is specifically understood and agreed that any breach of the provisions of this Agreement, Agreement or any other agreement agreement, document or instrument executed and delivered pursuant to this Agreement, Agreement by any person Person subject hereto will result in irreparable injury to the other parties hereto, that the remedy at law alone will be an inadequate remedy for such breach, and that, in addition to any other remedies which they may have, such other parties may enforce their respective rights by actions for specific performance (to the extent permitted by law). Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Zalicus Inc.)

Remedies; Severability. Notwithstanding Section 8.10 above5.8, it is specifically understood and agreed that any breach of the provisions of this Agreement, or any other agreement executed and delivered pursuant to this Agreement, Agreement by any person Person subject hereto will result in irreparable injury to the other parties hereto, that the remedy at law alone will be an inadequate remedy for such breach, and that, in addition to any other remedies which they may have, such other parties may enforce their respective rights by actions for specific performance (to the extent permitted by law). Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of this Agreement.

Appears in 1 contract

Samples: Stockholders' Agreement (Lawson Software Inc)

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