Common use of Specific Performance; Remedies Cumulative Clause in Contracts

Specific Performance; Remedies Cumulative. Each Party acknowledges and agrees that the exact nature and extent of damages resulting from a breach of this Agreement are uncertain at the time of entering into this Agreement and that any such breach of this Agreement would result in damages that would be difficult to determine with certainty. It is understood and agreed by the Parties that money damages may not be a sufficient remedy for any breach of this Agreement by any Party, and that each non-breaching Party shall be entitled to seek specific performance and injunctive or other equitable relief as a remedy of any such breach, including, without limitation, an order of the Bankruptcy Court or other court of competent jurisdiction requiring any Party to comply promptly with any of its obligations hereunder. Such remedy shall not be deemed to be the exclusive remedy for the breach of this Agreement by any Party or its representatives. All rights, powers, and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any right, power, or remedy by any Party hereto shall not preclude the simultaneous or later exercise of any other such right, power, or remedy hereunder.

Specific Performance; Remedies Cumulative. This Agreement is intended as a binding commitment enforceable in accordance with its terms. Each Party acknowledges and agrees that the exact nature and extent of damages resulting from a breach of this Agreement are uncertain at the time of entering into this Agreement and that any such breach of this Agreement would result in damages that would be difficult to determine with certainty. It is understood and agreed by the Parties that money damages may would not be a sufficient remedy for any such breach of this Agreement by any PartyAgreement, and that each any non-breaching Party shall be entitled to seek specific performance and injunctive or other equitable relief as a remedy of remedies for any such breach, includingand each Party further agrees to waive, without limitationand to cause each of their representatives to waive, an order any requirement for the securing or posting of the Bankruptcy Court or other court of competent jurisdiction requiring any Party to comply promptly bond in connection with any of its obligations hereunderrequesting such remedy. Such remedy remedies shall not be deemed to be the exclusive remedy remedies for the breach of this Agreement by any Party or its representatives. All rights, powers, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any right, power, power or remedy by any Party hereto shall not preclude the simultaneous or later exercise of any other such right, power, power or remedy hereunder.

Specific Performance; Remedies Cumulative. Each Party acknowledges and agrees that the exact nature and extent of damages resulting from a breach of this Agreement are uncertain at the time of entering into this Agreement and that any such breach of this Agreement would result in damages that would be difficult to determine with certainty. It is understood and agreed by the Parties that money damages may not be a sufficient remedy for any breach of this Agreement by any Party, and that each non-breaching Party shall be entitled to seek specific performance and injunctive or other equitable relief as a remedy of any such breach, including, without limitation, an order of the Bankruptcy Court or other court of competent jurisdiction requiring any Party to comply promptly with any of its obligations hereunder. Such remedy shall not be deemed to be the exclusive remedy for the breach of this Agreement by any Party or its representatives, provided that, for the avoidance of doubt, nothing in this Section shall affect the Company’s rights under Section 18. All rights, powers, and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any right, power, or remedy by any Party hereto shall not preclude the simultaneous or later exercise of any other such right, power, or remedy hereunder.

Specific Performance; Remedies Cumulative. Each Party acknowledges and agrees that the exact nature and extent of damages resulting from This Agreement is intended as a breach of this Agreement are uncertain at the time of entering into this Agreement and that any such breach of this Agreement would result binding commitment enforceable in damages that would be difficult to determine accordance with certaintyits terms. It is understood and agreed by the Parties that money damages may not would be a sufficient an insufficient remedy for any breach of this Agreement by any Party, Party and that each non-breaching Party shall be entitled to seek specific performance and injunctive or other equitable relief (without the posting of any bond and without proof of actual damages) as a remedy of for any such breach, including, without limitation, an order of the Bankruptcy Court or other court of competent jurisdiction requiring any Party to comply promptly with any of its obligations hereunder. Such remedy shall not be deemed to be the exclusive remedy for the breach of this Agreement by any Party or its representatives. All rights, powers, and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity shall be cumulative and not alternative, and the exercise of any right, power, or remedy thereof by any Party hereto shall not preclude the simultaneous or later exercise of any other such right, power, or remedy hereunderby such Party or any other Party. Notwithstanding anything contained in this Agreement to the contrary, specific performance and injunctive or other equitable relief and the right to terminate this Agreement in accordance with the terms and provisions thereof shall be the sole and exclusive remedies for any breach of this Agreement by the Committee, and no Party (or any other person) shall be entitled to monetary damages for any breach by the Committee of any provision of this Agreement.