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. Notwithstanding the foregoing or any provision of this Agreement to the contrary, ATS shall not be entitled to specific performance or any other remedy to the extent that the aggregate costs and expenses required to be paid by Meridian arising from the enforcement or exercise of such remedy (inclusive of reasonable attorneys fees) would exceed an amount equal to the amount of the Escrow Indemnity Fund, and after the Closing Meridian shall not be required to expend any of its funds (other than payments by the Indemnity Escrow Agent out of the Escrow Indemnity Fund (as reduced in accordance with the provisions of Section 2.3) or except as provided in Section 8.3(d)) for such purpose.

Specific Performance; Other Rights and Remedies. Each Anything in this Agreement to the contrary notwithstanding, 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 not in material breach of this Agreement or any Collateral Document 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. Notwithstanding the foregoing or any provision of this Agreement to the contrary, after the Closing Date ATS shall not be entitled to specific performance or any other remedy to the extent that the aggregate costs and expenses required cost to be paid by Meridian Diablo arising from the enforcement or exercise of such remedy (inclusive of reasonable attorneys fees) would exceed an amount equal to the amount of then on deposit in the Escrow Indemnity FundFunds, and after the Closing Meridian shall not be required to expend any of its funds (other than payments by the Indemnity Escrow Agent out of the Escrow Indemnity Fund (as reduced in accordance with the provisions of Section 2.3) the Escrow Indemnity Agreement, for all costs and expenses incurred in connection with its performance of or except as provided in Section 8.3(d)) for such purposecompliance with the remedy exercised or enforced.

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. Notwithstanding the foregoing or any provision of this Agreement to the contrary, after the Closing Date ATS shall not be entitled to specific performance or any other remedy to the extent that the aggregate costs and expenses required cost to be paid by Meridian Seller arising from the enforcement or exercise of such remedy (inclusive of reasonable attorneys fees) would exceed an amount equal to the amount of the Escrow Indemnity FundFunds, and after the Closing Meridian shall not be required to expend any of its funds (other than payments by the Indemnity Escrow Agent out of the Escrow Indemnity Fund (as reduced in accordance with the provisions of Section 2.3) the Escrow Indemnity Agreement, for all costs and expenses incurred in connection with its performance of or except as provided in Section 8.3(d)) for such purposecompliance with the remedy exercised or enforced.

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 7equity, 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 parties agree that the posting dispute underlying Claims of any bond action for specific performance shall be decided by arbitration in accordance with the provisions of Section 7.14. All actions for injunctive relief, specific performance or other surety relief shall be determined in connection accordance with any temporary or permanent award the governing law provisions of injunctive, mandatory or other equitable reliefSection 7.9. Nothing herein contained shall be construed as prohibiting each party from pursuing any other remedies available to it pursuant to the provisions of, of and subject to the limitations contained in, in this Agreement for such breach or threatened breach. Notwithstanding the foregoing or any provision of this Agreement to the contrary, after the Closing Date ATS shall not be entitled to specific performance or any other remedy to the extent that the aggregate costs and expenses required cost to be paid by Meridian DBC arising from the enforcement or exercise of such remedy (inclusive of reasonable attorneys fees) would exceed an amount equal to the amount of the Escrow Indemnity Fundindemnification required by Section 6.3, for all costs and after the Closing Meridian shall not be required to expend any expenses incurred in connection with its performance of its funds (other than payments by the Indemnity Escrow Agent out of the Escrow Indemnity Fund (as reduced in accordance or compliance with the provisions of Section 2.3) remedy exercised or except as provided in Section 8.3(d)) for such purposeenforced.

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 7equity, 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 parties agree that the posting dispute underlying Claims of any bond action for specific performance shall be decided by arbitration in accordance with the provisions of Section 7.14. All actions for injunctive relief, specific performance or other surety relief shall be determined in connection accordance with any temporary or permanent award the governing law provisions of injunctive, mandatory or other equitable reliefSection 7.9. Nothing herein contained shall be construed as prohibiting each party from pursuing any other remedies available to it pursuant to the provisions of, of and subject to the limitations contained in, in this Agreement for such breach or threatened breach. Notwithstanding the foregoing or any provision of this Agreement to the contrary, after the Closing Date ATS shall not be entitled to specific performance or any other remedy to the extent that the aggregate costs and expenses required cost to be paid by Meridian BEA arising from the enforcement or exercise of such remedy (inclusive of reasonable attorneys fees) would exceed an amount equal to the amount of the Escrow Indemnity Fundindemnification required by Section 6.3, for all costs and after the Closing Meridian shall not be required to expend any expenses incurred in connection with its performance of its funds (other than payments by the Indemnity Escrow Agent out of the Escrow Indemnity Fund (as reduced in accordance or compliance with the provisions of Section 2.3) remedy exercised or except as provided in Section 8.3(d)) for such purposeenforced.