Common use of Specific Enforceability Clause in Contracts

Specific Enforceability. The parties hereto 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.

Appears in 1 contract

Sources: Stock Purchase Agreement (Community First Bankshares Inc)

Specific Enforceability. The parties hereto Parties recognize and hereby acknowledge that it is impossible to measure in money the damages that would result to a party Party by reason of the failure of either any of the parties Parties to perform any of the obligations imposed on it by this Agreement. Accordingly, if after the Stockholders' Meeting any party Party should institute an action or proceeding seeking specific enforcement of the provisions hereofof this Agreement, each party Party against which such action or proceeding is brought hereby waives the claim or defense that the party 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.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Nationsbank Corp)