Common use of Specific Performance and Other Remedies Clause in Contracts

Specific Performance and Other Remedies. Each Party hereby acknowledges and agrees that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character, and that, if any of the provisions of this Agreement were not performed by a Party in accordance with their specific terms or were otherwise breached by a Party, the non-breaching Party would suffer irreparable damage and would be without an adequate remedy at law. Notwithstanding anything to the contrary herein, if any Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, without limiting or waiving in any respect any rights or remedies of a Party under this Agreement now or hereafter existing at law, in equity or by statute, the non-breaching Party shall, in addition to any other remedy to which a Party is entitled at law or in equity, be entitled to specific performance of such covenant or agreement, injunctions to prevent or restrain breaches of this Agreement, and any other equitable relief, in each case without the proof of actual damages. Each Party agrees to waive any requirement for the security or posting of any bond in connection with any such equitable remedy, and agrees that it will not oppose the granting of an injunction, specific performance or other equitable relief on the basis that (a) the other Party has an adequate remedy at law, or (b) an award of specific performance is not an appropriate remedy for any reason at law or equity.

Specific Performance and Other Remedies. Each Party hereby acknowledges and agrees that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character, and that, if any of the provisions of this Agreement were not performed by a Party in accordance with their specific terms or were otherwise breached by a Party, the non-breaching Party would suffer irreparable damage and would be without an adequate remedy at law. Notwithstanding anything to the contrary herein, if any Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, without limiting or waiving in any respect any rights or remedies of a Party under this Agreement now or hereafter existing at law, in equity or by statute, the non-non- breaching Party shall, in addition to any other remedy to which a Party is entitled at law or in equity, be entitled to specific performance of such covenant or agreement, injunctions to prevent or restrain breaches of this Agreement, and any other equitable relief, in each case without the proof of actual damages. Each Party agrees to waive any requirement for the security or posting of any bond in connection with any such equitable remedy, and agrees that it will not oppose the granting of an injunction, specific performance or other equitable relief on the basis that (a) the other Party has an adequate remedy at law, or (b) an award of specific performance is not an appropriate remedy for any reason at law or equity.

Specific Performance and Other Remedies. Each The Parties agree that immediate and irreparable damage for which monetary damages, even if available, would not be an adequate remedy, would occur in the event that a Party hereby acknowledges and agrees that the rights does not perform its obligations under this Agreement (including failing to take such actions as are required of each Party them hereunder to consummate the transactions contemplated hereby are special, unique and of extraordinary character, and that, if any of the provisions of this Agreement were not performed by a Party in accordance with their specific the terms hereof) or were otherwise breached by a Party, breaches the non-breaching provisions hereof. Each Party would suffer irreparable damage acknowledges and would be without an adequate remedy at law. Notwithstanding anything to agrees that (a) the contrary herein, if any other Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, without limiting or waiving in any respect any rights or remedies of a Party under this Agreement now or hereafter existing at law, in equity or by statute, the non-breaching Party shall, in addition to any other remedy to which a Party is entitled at law or in equity, shall be entitled to an injunction, specific performance of such covenant performance, or agreement, injunctions to prevent or restrain breaches of this Agreement, and any other equitable relief, as provided in each case this Section 9.3, to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof, prior to the valid termination of this Agreement in accordance with Section 9.1, and (b) the right of an injunction, specific enforcement or other equitable relief is an integral part of the transactions and without that right, the proof of actual damagesother Party would not have entered into this Agreement. Each Party agrees to waive any requirement for the security or posting of any bond in connection with any such equitable remedy, and agrees that it will not oppose the granting of an injunction, specific performance or other equitable relief on the basis that (a) the other Party has an adequate remedy at law, Law or (b) that an award of an injunction, specific performance or other equitable relief is not an appropriate remedy for any reason at law Law or equity. Each Party acknowledges and agrees that the other Party shall not be required to provide any bond or other security in connection with any such proceeding. The rights to specific performance, injunction or other equitable relief provided in this Section 9.3 are in addition to any other remedy to which a Party is or may be entitled to under this Agreement, except (i) as otherwise provided herein and (ii) without limitation, as provided in Section 9.2(b).

Specific Performance and Other Remedies. Each Party hereby acknowledges (a) The parties to this Agreement agree that damages in the event of a breach by a party of this Agreement would be difficult if not impossible to ascertain and agrees irreparable damage would occur in the event that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character, and that, if any of the provisions of this Agreement were are not performed by a Party any party in accordance with their specific terms or were otherwise breached by such party. The parties to this Agreement accordingly agree that in the event of any breach or threatened breach by a Partyparty or parties hereto of any covenant, the non-breaching Party would suffer irreparable damage and would obligation or other agreement set forth in this Agreement, (i) each other party shall be without an adequate remedy at law. Notwithstanding anything to the contrary herein, if any Party violates or fails or refuses to perform any covenant or agreement made by such Party hereinentitled, without limiting any requirement to post a bond or waiving in others security or any respect any rights or remedies proof of a Party under this Agreement now or hereafter existing at law, in equity or by statute, the non-breaching Party shall, actual damages (and in addition to any other remedy that may be available to which it), to a Party is entitled at law decree or in equity, be entitled order of specific performance or mandamus to specific enforce the observance and performance of such covenant covenant, obligation or agreementother agreement and an injunction, injunctions to prevent temporary restraining order or restrain breaches of this Agreement, and any other equitable reliefrelief preventing or restraining such breach or threatened breach, in each case without the proof of actual damages. Each Party agrees and (ii) no party hereto shall be required to waive provide or post any requirement for the bond or other security or posting of any bond collateral in connection with any such equitable remedydecree, and order or injunction or in connection with any related Action. Each party agrees that it will not oppose or otherwise challenge the granting appropriateness of equitable relief or the entry by a court of competent jurisdiction of an injunction, specific performance or other order granting equitable relief on the basis that (a) the other Party has an adequate remedy at law, or (b) an award of specific performance is not an appropriate remedy for any reason at law or equityrelief.