Common use of Specific Performance; Other Rights and Remedies Clause in Contracts

Specific Performance; Other Rights and Remedies. Each party recognizes and agrees that in the event the other party should refuse to perform any of its obligations under this Agreement or any Collateral Document, the remedy at law would be inadequate and agrees that for breach of such provisions, each party shall, in addition to such other remedies as may be available to it at law or in equity or as provided in Article 7, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by Applicable Law. Each party hereby waives any requirement for security or the posting of any bond or other surety in connection with any temporary or permanent award of injunctive, mandatory or other equitable relief. Nothing herein contained shall be construed as prohibiting each party from pursuing any other remedies available to it pursuant to the provisions of, and subject to the limitations contained in, this Agreement for such breach or threatened breach.

Appears in 5 contracts

Samples: Asset Exchange Agreement (American Radio Systems Corp /Ma/), Asset Exchange Agreement (Ez Communications Inc /Va/), Asset Exchange Agreement (American Radio Systems Corp /Ma/)

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Specific Performance; Other Rights and Remedies. Each party recognizes and agrees that in the event the other party should refuse to perform any of its obligations under this Agreement or any Collateral Document, the remedy at law would be inadequate and agrees that for breach of such provisions, each party shall, in addition to such other remedies as may be available to it at law or in equity or as provided in Article 7, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by Applicable Law. Each party hereby waives any requirement for security or the posting post ing of any bond or other surety in connection with any temporary or permanent award of injunctive, mandatory or other equitable relief. Nothing herein contained shall be construed as prohibiting each party from pursuing any other remedies available to it pursuant to the provisions of, and subject to the limitations contained in, this Agreement for such breach or threatened breach.

Appears in 5 contracts

Samples: Asset Purchase Agreement (American Radio Systems Corp /Ma/), Asset Purchase Agreement (American Radio Systems Corp /Ma/), Asset Purchase Agreement (American Tower Systems Corp)

Specific Performance; Other Rights and Remedies. Each party recognizes and agrees that in the event the other party should refuse to perform any of its obligations under this Agreement or any Collateral Document, the party's remedy at law for any breach of the provisions of this Escrow Agreement would be inadequate and agrees that for breach of such provisions, each such party shall, in addition to such other remedies as may be available to it at law or in equity or as provided in Article 7this Escrow Agreement, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by Applicable Lawapplicable law. Each party hereby waives any requirement for security or the posting of any bond or other surety in connection with any temporary or permanent award of injunctive, mandatory or other equitable relief. Nothing herein contained shall be construed as prohibiting each either party from pursuing any other remedies available to it pursuant to the provisions of, and subject to the limitations contained in, this Agreement for such breach or threatened breach, including without limitation the recovery of damages.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Five Star Quality Care Inc), Agreement of Merger (Health & Retirement Properties Trust), Stock Purchase Agreement (Senior Housing Properties Trust)

Specific Performance; Other Rights and Remedies. Each party ----------------------------------------------- recognizes and agrees that in the event the other party should refuse to perform any of its obligations under this Agreement or any Collateral Document, the remedy at law would be inadequate and agrees that for breach of such provisions, each party shall, in addition to such other remedies as may be available to it at law or in equity or as provided in Article 7, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by Applicable Law. Each party hereby waives any requirement for security or the posting of any bond or other surety in connection with any temporary or permanent award of injunctive, mandatory or other equitable relief. Nothing herein contained shall be construed as prohibiting each party from pursuing any other remedies available to it pursuant to the provisions of, and subject to the limitations contained in, this Agreement for such breach or threatened breach.

Appears in 2 contracts

Samples: Asset Exchange Agreement (Evergreen Media Corp), Asset Purchase Agreement (Evergreen Media Corp)

Specific Performance; Other Rights and Remedies. Each party recognizes and agrees that in the event the other party should refuse to perform any of its obligations under this Agreement or any Collateral DocumentAgreement, the remedy at law would be inadequate and agrees that for breach of such provisions, each party shall, in addition to such other remedies as may be available to it at law or in equity or as provided in Article 7, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by Applicable Law. Each party hereby waives any requirement for security or the posting of any bond or other surety in connection with any temporary or permanent award of injunctive, mandatory or other equitable relief. Nothing Noth ing herein contained shall be construed as prohibiting each party from pursuing any other remedies available to it pursuant to the provisions of, and subject to the limitations contained in, this Agreement for such breach or threatened breach.

Appears in 1 contract

Samples: American Radio Systems Corp /Ma/

Specific Performance; Other Rights and Remedies. Each party recognizes and agrees that in the event the other party should refuse to perform any of its obligations under this Agreement or any Collateral DocumentAgreement, the remedy at law would be inadequate and agrees that for breach of such provisions, each party shall, in addition to such other remedies as may be available to it at law or in equity or as provided in Article 7, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by Applicable Law. Each party hereby waives any requirement for security or the posting of any bond or other surety in connection with any temporary or permanent award of injunctive, mandatory or other equitable relief. Nothing herein contained shall be construed as prohibiting each party from pursuing any other remedies available to it pursuant to the provisions of, and subject to the limitations contained in, this Agreement for such breach or threatened breach.

Appears in 1 contract

Samples: American Tower Systems Corp

Specific Performance; Other Rights and Remedies. Each party Party ------------------------------------------------------------- recognizes and agrees that in the event the other party Party should refuse to perform any of its obligations under this Agreement or any Collateral Transaction Document, the remedy at law Law would be inadequate and agrees that for breach of such provisions, each party Party shall, in addition to such other remedies as may be available to it at law or in equity or as provided in Article 7XI, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by Applicable applicable Law. Each party Party hereby waives any requirement for security or the posting of any bond or other surety in connection with any temporary or permanent award of injunctive, mandatory or other equitable relief. Nothing herein contained shall be construed as prohibiting each party any Party from pursuing any other remedies available to it pursuant to the provisions of, and subject to the limitations contained in, 62 of this Agreement or applicable Law for such breach or threatened breach, including without limitation the recovery of damages, subject to the terms and conditions of Section 13.15.

Appears in 1 contract

Samples: Agreement (American Tower Corp /Ma/)

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Specific Performance; Other Rights and Remedies. Each party recognizes ----------------------------------------------- and agrees that in the event the other party should refuse to perform any of its obligations under this Agreement or any Collateral DocumentAgreement, the remedy at law would be inadequate and agrees that for breach of such provisions, each party shall, in addition to such other remedies as may be available to it at law or in equity or as provided in Article 7equity, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by Applicable Lawapplicable law. Each party hereby waives any requirement for security or the posting of any bond or other surety in connection with any temporary or permanent award of injunctive, mandatory or other equitable relief. Nothing herein contained shall be construed as prohibiting each party from pursuing any other remedies available to it under applicable law or pursuant to the provisions of, and subject to the limitations contained in, of this Agreement for such breach or threatened breach, including without limitation the recovery of damages.

Appears in 1 contract

Samples: Stock Purchase Agreement (American Tower Corp /Ma/)

Specific Performance; Other Rights and Remedies. Each party recognizes and agrees that in the event the other party Company should refuse to perform any of its obligations under this Agreement or any Collateral Document, the American's remedy at law would be inadequate and agrees that for breach of such provisions, each party American shall, in addition to such other remedies as may be available to it at law or in equity or as provided in Article 78, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by Applicable Law. Each party hereby waives any requirement for security or the posting of any bond or other surety in connection with any temporary or permanent award of injunctive, mandatory or other equitable relief. Nothing herein contained shall be construed as prohibiting each any party from pursuing any other remedies available to it pursuant to the provisions of, and subject to the limitations contained in, this Agreement for such breach or threatened breach, including without limitation the recovery of damages.

Appears in 1 contract

Samples: Agreement and Plan of Merger (American Radio Systems Corp /Ma/)

Specific Performance; Other Rights and Remedies. Each party recognizes and agrees that in the event the other party Company should refuse to perform any of its obligations under this Agreement or any Collateral Document, the American's remedy at law would be inadequate and agrees that for breach of such provisions, each party American shall, in addition to such other remedies as may be available to it at law or in equity or as provided in Article 79, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by Applicable Law. Each party hereby waives any requirement for security or the posting of any bond or other surety in connection with any temporary or permanent award of injunctive, mandatory or other equitable relief. Nothing herein contained shall be construed as prohibiting each any party from pursuing any other remedies available to it pursuant to the provisions of, and subject to the limitations contained in, this Agreement for such breach or threatened breach, including without limitation the recovery of damages.

Appears in 1 contract

Samples: Agreement and Plan of Merger (American Radio Systems Corp /Ma/)

Specific Performance; Other Rights and Remedies. Each party ----------------------------------------------- recognizes and agrees that in the event the other party should refuse to perform any of its obligations under this Agreement or any Collateral DocumentAgreement, the remedy at law would be inadequate and agrees that for breach of such provisions, each party shall, in addition to such other remedies as may be available to it at law or in equity or as provided in Article 7equity, be entitled to injunctive relief and to enforce its rights by an action for specific performance to the extent permitted by Applicable Lawapplicable law. Each party hereby waives any requirement for security or the posting of any bond or other surety in connection with any temporary or permanent award of injunctive, mandatory or other equitable relief. Nothing herein contained shall be construed as prohibiting each party from pursuing any other remedies available to it under applicable law or pursuant to the provisions of, and subject to the limitations contained in, of this Agreement for such breach or threatened breach, including without limitation the recovery of damages.

Appears in 1 contract

Samples: Stock Purchase Agreement (American Tower Corp /Ma/)

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