Common use of Specific Performance and Declaratory Judgments Clause in Contracts

Specific Performance and Declaratory Judgments. Damages in the event of breach of this Agreement by a Party may be difficult, if not impossible, to ascertain. Therefore, each Party, in addition to and without limiting any other remedy or right it may have, will have the right to seek a declaratory judgment or injunction without the requirement to post any bonds and will have the right to an injunction or other equitable relief in any court of competent jurisdiction, enjoining any such breach, and enforcing specifically the terms and provisions hereof, and each of the Parties hereto hereby waives any and all defenses it may have on the ground of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief. The existence of the rights set forth in this Section 5.2 will not preclude any Party from pursuing any other rights and remedies hereunder or otherwise at law or in equity that such Party may have.

Specific Performance and Declaratory Judgments. Damages in the event of breach of this Agreement by a Party may be difficult, if not impossible, to ascertain. Therefore, each Party, in addition to and without limiting any other remedy or right it may have, will have the right to seek seek, without any requirement to post bond, a declaratory judgment or injunction without the requirement to post any bonds and will have the right to an injunction or other equitable relief in any court of competent jurisdiction, enjoining any such breach, and enforcing specifically the terms and provisions hereof, and each of the Parties hereto hereby waives any and all defenses it may have on the ground grounds of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief. The existence of the rights set forth in this Section 5.2 right will not preclude any Party from pursuing any other rights and remedies hereunder or otherwise at law or in equity that such Party may have.