Common use of Specific Performance and Other Equitable Relief Clause in Contracts

Specific Performance and Other Equitable Relief. The Parties hereby expressly recognize and acknowledge that immediate, extensive and irreparable damage would result, no adequate remedy at law would exist and damages would be difficult to determine in the event that any provision of this Agreement is not performed in accordance with its specific terms or otherwise breached. Therefore, in addition to, and not in limitation of, any other remedy available to any Party, an aggrieved Party under this Agreement would be entitled to specific performance of the terms hereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy. Such remedies, and any and all other remedies provided for in this Agreement, shall, however, be cumulative in nature and not exclusive and shall be in addition to any other remedies whatsoever which any Party may otherwise have.

Appears in 9 contracts

Samples: Stock Purchase Agreement (Stratus Properties Inc), Stock Purchase Agreement (Moffett Holdings, L.L.C.), Stock Purchase Agreement (Stratus Properties Inc)

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Specific Performance and Other Equitable Relief. The Parties hereby expressly recognize and acknowledge that immediate, extensive and irreparable damage would result, no adequate remedy at law Law would exist and damages would be difficult to determine in the event that any provision of this Agreement is not performed in accordance with its specific terms or otherwise breached. Therefore, in addition to, and not in limitation of, any other remedy available to any Party, an aggrieved Party under this Agreement would be entitled to specific performance of the terms hereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy. Such remedies, and any and all other remedies provided for in this Agreement, shall, however, be cumulative in nature and not exclusive and shall be in addition to any other remedies whatsoever which any Party may otherwise have.

Appears in 3 contracts

Samples: Equity Purchase Agreement (RE/MAX Holdings, Inc.), Asset Purchase Agreement (RE/MAX Holdings, Inc.), Share Purchase Agreement (RE/MAX Holdings, Inc.)

Specific Performance and Other Equitable Relief. The Parties hereby expressly recognize and acknowledge that immediate, extensive and irreparable damage would result, no adequate remedy at law would exist and damages would be difficult to determine in the event that any provision of this Agreement is not performed in accordance with its specific terms or otherwise breached. Therefore, in addition to, and not in limitation of, any other remedy available to any Partythe Parties, an aggrieved Party under this Agreement would be entitled to specific performance of the terms hereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy. Such remedies, remedies and any and all other remedies provided for in this Agreement, Agreement shall, however, be cumulative in nature and not exclusive and shall be in addition to any other remedies whatsoever which any Party may otherwise have.

Appears in 2 contracts

Samples: Share Sale and Purchase Agreement (Central European Distribution Corp), Share Sale and Purchase Agreement (Central European Distribution Corp)

Specific Performance and Other Equitable Relief. The Parties hereby expressly recognize acknowledge and acknowledge agree that immediate, extensive and irreparable damage would result, no adequate remedy at law would exist and damages would be difficult to determine in the event that any provision of this Agreement is not performed in accordance with its specific terms or otherwise breached. Therefore, in addition to, and not in limitation of, any other remedy available to any Party, an aggrieved Party under this Agreement would be entitled to specific performance of the terms hereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedyremedy or posting security for costs and damages. Such remedies, and any and all other remedies provided for in this Agreement, shall, however, be cumulative in nature and not exclusive and shall be in addition to any other remedies whatsoever which any Party may otherwise have.

Appears in 2 contracts

Samples: Asset Sale and Purchase Agreement (Angiotech Pharmaceuticals Inc), Asset Sale and Purchase Agreement (Angiotech Pharmaceuticals Inc)

Specific Performance and Other Equitable Relief. The Parties hereby expressly recognize and acknowledge that immediate, extensive and irreparable damage would result, no adequate remedy at law would exist and damages would be difficult to determine in the event that any provision of this Agreement is not performed in accordance with its specific terms or is otherwise breached. Therefore, in addition to, and not in limitation of, any other remedy available to any Party, an aggrieved Party under this Agreement would will be entitled to specific performance of the terms hereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy. Such remedies, and any and all other remedies provided for in this Agreement, shall, however, be cumulative in nature and not exclusive and shall be in addition to any other remedies whatsoever which any Party may otherwise have.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Pernix Therapeutics Holdings, Inc.), Stock Purchase Agreement (Pernix Therapeutics Holdings, Inc.)

Specific Performance and Other Equitable Relief. The Parties hereby expressly recognize and acknowledge that immediate, extensive and irreparable damage would result, no adequate remedy at law would exist and damages would be difficult to determine in the event that any provision of this Agreement is not performed in accordance with its specific terms or otherwise breached. Therefore, in addition to, and not in limitation of, any other remedy available to any PartyPurchaser or Sellers, an aggrieved Party under this Agreement would be entitled to specific performance of the terms hereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy. Such remedies, remedies and any and all other remedies provided for in this Agreement, Agreement shall, however, be cumulative in nature and not exclusive and shall be in addition to any other remedies whatsoever which any Party may otherwise have.

Appears in 1 contract

Samples: Purchase, Sale and Servicing Transfer Agreement (Sears Roebuck & Co)

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Specific Performance and Other Equitable Relief. The Parties parties hereby expressly recognize and acknowledge that immediate, extensive and irreparable damage would result, no adequate remedy at law would exist and damages would be difficult to determine result in the event that any provision of this Agreement is not performed in accordance with its specific terms or otherwise breachedspecifically enforced. Therefore, in addition to, and not in limitation of, any other remedy available to any PartyPurchaser or Seller, the respective rights and obligations of an aggrieved Party under this Agreement would party hereunder shall be entitled to enforceable in a court of equity by a decree of specific performance of the terms hereof and immediate appropriate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedyrelief may be applied for and granted in connection therewith. Such remedies, remedies and any and all other remedies provided for in this Agreement, Agreement shall, however, be cumulative in nature and not exclusive and shall be in addition to any other remedies whatsoever which any Party party may otherwise have.

Appears in 1 contract

Samples: Asset Purchase Agreement (Abc Bancorp)

Specific Performance and Other Equitable Relief. The Parties parties hereby expressly recognize and acknowledge that immediate, extensive and irreparable damage would result, no adequate remedy at law would exist and damages would be difficult to determine in the event that if any provision of this Agreement is not performed in accordance with its specific terms or otherwise breached. Therefore, in In addition to, and not in limitation of, any other remedy available to any Partythe Parties, an aggrieved Party under this Agreement would be entitled to seek specific performance of the terms hereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy. Such remedies, remedies and any and all other remedies provided for in this Agreement, shall, however, Agreement shall be cumulative in nature and not exclusive and shall be in addition to any other remedies whatsoever which that any Party may otherwise have.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Circuit City Stores Inc)

Specific Performance and Other Equitable Relief. The Parties parties hereby expressly recognize and acknowledge that immediate, extensive and irreparable damage would result, no adequate remedy at law would exist and damages would be difficult to determine in the event that any provision of this Agreement is not performed in accordance with its specific terms or otherwise breached. Therefore, in In addition to, and not in limitation of, any other remedy available to any Partythe Parties, an aggrieved Party party under this Agreement would be entitled to specific performance of the terms hereof and immediate injunctive relief, without (i) the necessity of proving the inadequacy of money damages as a remedy, and (ii) any requirement of posting any bond. Such remedies, remedies and any and all other remedies provided for in this Agreement, shall, however, Agreement shall be cumulative in nature and not exclusive and shall be in addition to any other remedies whatsoever which that any Party may otherwise have.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Circuit City Stores Inc)

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