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

Specific Performance; Other Rights and Remedies. The parties hereto recognize that certain of their rights under this Agreement and the other Program Documents are unique and, accordingly, the parties hereto shall, in addition to such other remedies as may be available to any of them at law or in equity or under this Agreement and the other Program Documents, have the right to enforce their rights hereunder and thereunder by actions for injunctive permitted relief and specific performance to the extent permitted by Applicable Law. The rights and remedies of the Program Administrator and the Purchaser under this Agreement and the other Program Documents are cumulative and are not in lieu of, but are in addition to, any other rights and remedies which the Program Administrator and the Purchaser may have under or by virtue of any Applicable Law, or in equity, or any other agreement or obligations to which the Program Administrator and the Purchaser are parties. The rights and remedies of the Program Administrator and the Purchaser under this Agreement and the other Program Documents may be exercised from time to time and as often as such exercise is deemed expedient. Without limiting the generality of the foregoing, the Distributor acknowledges and agrees that it will be impossible to measure in money the damage to the Program Administrator or the Purchaser in the event of a breach of any of the terms and provisions of this Agreement or any other Program Document, and that, in the event of any such breach, the Program Administrator and the Purchaser may not have an adequate remedy at law, although the foregoing shall not constitute a waiver of any of the Program Administrator's or the Purchaser's rights, powers, privileges and remedies against or in respect of a breaching party, any collateral or any other Person or thing under this Agreement, any other Program Document or Applicable Law. It is therefore agreed that each of the Program Administrator and the Purchaser, in addition to all other such rights, powers, privileges and remedies that it may have, shall be entitled to injunctive relief, specific performance or such other equitable relief as it may request to exercise or otherwise enforce any of the terms of those provisions and to enjoin or otherwise restrain any act prohibited thereby, and the Distributor shall not argue and hereby waives any defense that there is an adequate remedy available at law.

Specific Performance; Other Rights and Remedies. The parties hereto recognize that certain of their rights under this Agreement and the other Program Facility Documents are unique and, accordingly, the parties hereto shall, in addition to such other remedies as may be available to any of them at law or in equity or under this Agreement and the other Program Facility Documents, have the right to enforce their rights hereunder and thereunder by actions for injunctive permitted relief and specific performance to the extent permitted by Applicable Law. The rights and remedies of the Program Administrator Agent and the Purchaser under this Agreement and the other Program Facility Documents are cumulative and are not in lieu of, but are in addition to, any other rights and remedies which the Program Administrator Agent and the Purchaser may have under or by virtue of any Applicable Law, or in equity, or any other agreement or obligations to which the Program Administrator Agent and the Purchaser are partiesis a party. The rights and remedies of the Program Administrator Agent and the Purchaser under this Agreement and the other Program Facility Documents may be exercised from time to time and as often as such exercise is deemed expedient. Without limiting the generality of the foregoing, the Seller, each Advisor and the Distributor acknowledges acknowledge and agrees agree that it will be impossible to measure in money the damage to the Program Administrator Agent or the Purchaser in the event of a breach of any of the terms and provisions of this Agreement or any other Program Document, and that, in the event of any such breach, the Program Administrator Agent and the Purchaser may not have an adequate remedy at lawLaw, although the foregoing shall not constitute a waiver of any of the Program Administrator's Agent’s or the Purchaser's ’s rights, powers, privileges and remedies against or in respect of a breaching party, any collateral or any other Person or thing under this Agreement, any other Program Facility Document or Applicable Law. It is therefore agreed that each of the Program Administrator Agent and the Purchaser, in addition to all other such rights, powers, privileges and remedies that it may have, shall be entitled to injunctive relief, specific performance or such other equitable relief as it may request to exercise or otherwise enforce any of the terms of those provisions and to enjoin or otherwise restrain any act prohibited thereby, and the Seller, each Advisor and the Distributor agree that they shall not argue and hereby waives waive any defense that there is an adequate remedy available at lawLaw.

Specific Performance; Other Rights and Remedies. The ----------------------------------------------- parties hereto recognize that certain of their rights under this Agreement and the other Program Documents are unique and, accordingly, the parties hereto shall, in addition to such other remedies as may be available to any of them at law or in equity or under this Agreement and the other Program Documents, have the right to enforce their rights hereunder and thereunder by actions for injunctive permitted relief and specific performance to the extent permitted by Applicable Law. The rights and remedies of the Program Administrator and the Purchaser Purchasers under this Agreement and the other Program Documents are cumulative and are not in lieu of, but are in addition to, any other rights and remedies which the Program Administrator and the Purchaser Purchasers may have under or by virtue of any Applicable Law, or in equity, or any other agreement or obligations to which the Program Administrator and the such Purchaser are partiesis a party. The rights and remedies of the Program Administrator and the Purchaser Purchasers under this Agreement and the other Program Documents may be exercised from time to time and as often as such exercise is deemed expedient. Without limiting the generality of the foregoing, the Distributor Seller acknowledges and agrees that it will be impossible to measure in money the damage to the Program Administrator or the Purchaser Purchasers in the event of a breach of any of the terms and provisions of this Agreement or any other Program Document, and that, in the event of any such breach, the Program Administrator and the Purchaser Purchasers may not have an adequate remedy at law, although the foregoing shall not constitute a waiver of any of the Program Administrator's or the Purchaser's Purchasers' rights, powers, privileges and remedies against or in respect of a breaching party, any collateral or any other Person or thing under this Agreement, any other Program Document or Applicable Law. It is therefore agreed that each of the Program Administrator and the PurchaserPurchasers, in addition to all other such rights, powers, privileges and remedies that it may have, shall be entitled to injunctive relief, specific performance or such other equitable relief as it may request to exercise or otherwise enforce any of the terms of those provisions and to enjoin or otherwise restrain any act prohibited thereby, and the Distributor Seller shall not argue and hereby waives any defense that there is an adequate remedy available at law.