Specific Enforceability. The parties recognize and hereby acknowledge that it is impossible to measure in money the damages that would result to a party by reason of the failure of either of the parties to perform any of the obligations imposed on it by this Agreement. Accordingly, if any party should institute an action or proceeding seeking specific enforcement of the provisions hereof, each party against which such action or proceeding is brought hereby waives the claim or defense that the party instituting such action or proceeding has an adequate remedy at law and hereby agrees not to assert in any such action or proceeding the claim or defense that such a remedy at law exists.
Specific Enforceability. The parties recognize and hereby acknowledge that it is impossible to measure in money the damages that would result to a party by reason of the failure of either of the parties to perform any of the obligations imposed on it by this Agreement and that in any event damages would be an inadequate remedy in this instance. Accordingly, if any party should institute an action or proceeding seeking specific enforcement of the provisions hereof, the party against which such action or proceeding is brought hereby waives the claim or defense that the party instituting such action or proceeding has an adequate remedy at law and hereby agrees not to assert in any such action or proceeding the claim or defense that such a remedy at law exists and shall waive or not assert any requirement to post bond in connection with seeking specific performance.
Specific Enforceability. Xxxxxx X. Xxxxxx and Xxxxxx Xxxxx agree that, in the event of the violation of this Agreement, in addition to any and all legal and equitable remedies which may be available, this Agreement may be enforced by a temporary and/or permanent injunction in an action in equity. Xxxxxx X. Xxxxxx, Xxxxxx Xxxxx and SCOLP acknowledge that the remedy at law for a breach or threatened breach of this Agreement would be inadequate and that SCOLP would suffer irreparable harm in the event of the violation of this Agreement.
Specific Enforceability. The Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of his post termination obligations under Sections 6 and 8 of this Agreement would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, the Executive acknowledges, consents and agrees that, in addition to any other rights or remedies which the Company may have at law, in equity or under this Agreement, upon adequate proof of his violation of any such provision of this Agreement, the Company will be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach, without the necessity of proof of actual damage.
Specific Enforceability. Each of the Buyer, the Stockholders and the Seller recognize and hereby acknowledge that it is impossible to measure in money the damages that would result to a party by reason of the failure of any of the parties to perform any of the obligations imposed on it by Section 8 of this Agreement. Accordingly, if any party should institute an action or proceeding seeking specific enforcement of the provisions hereof, each party against which such action or proceeding is brought hereby waives the claim or defense that the party instituting such action or proceeding has an adequate remedy at law and hereby agrees not to assert in any such action or proceeding the claim or defense that such a remedy at law exists.
Specific Enforceability. 61 Section 10.12 Alternative Structure...............................61 Schedules: Schedule 1: Stockholders Schedule 8.01(e): Index Companies Seller Disclosure Schedule:
Specific Enforceability. 18 5.5 Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5.6
Specific Enforceability. 44 11.8 Notices............................................................... 44 11.9
Specific Enforceability. Notwithstanding the foregoing, either party may enforce or prevent violations of the provisions of this Agreement in a court of law for specific performance and/or injunctive relief. The parties agree that the subject matter of this Agreement is unique and that money damages may not be an adequate remedy for any violation of the provisions of this Agreement and that the parties may apply for legal or equitable relief and will be entitled to specific performance and/or injunctive relief in order to enforce, or prevent any violations of this Agreement.
Specific Enforceability. Consultant covenants and agrees that in the event of the violation or attempted violation of any of the covenants set forth in Section 3 hereof, in addition to any and all legal and equitable remedies immediately available, such covenants may be enforced by a temporary and/or permanent injunction without the requirement that the Company post a bond in an action in equity. Consultant acknowledges that the remedy at law for a breach or threatened breach of any of such covenants would be inadequate. Consultant further covenants and agrees that in the event of a violation of any of the covenants set forth in Section 3, in addition to injunctive relief specified in the preceding sentence, the Company shall be entitled to discontinue the payments provided to Consultant in Section 2 above.
