Specific Performance; Attorneys’ Fees. Each of the Company, on the one hand, and the members of the Wynnefield Group, on the other hand, acknowledge and agree that irreparable damage would occur in the event any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties will be entitled to seek specific relief hereunder, including, without limitation, an injunction or injunctions to prevent and enjoin breaches or threatened breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof in any state or federal court in the State of Delaware, in addition to any other remedy to which they may be entitled at law or in equity. Any requirements for the securing or posting of any bond with such remedy are hereby waived. In the event either party institutes any legal action to enforce such party’s rights under, or recover damages for breach of, this Agreement, the prevailing party or parties in such action shall be entitled to recover from the other party or parties all costs and expenses, including, without limitation, reasonable attorneys’ fees, court costs, witness fees, disbursements and any other expenses of litigation or negotiation incurred by such prevailing party or parties.
Specific Performance; Attorneys’ Fees. This Agreement may be specifically enforced, and injunctive relief may be granted to prevent a breach of the Agreement since there is no adequate remedy at law. The prevailing party in any proceeding brought to enforce this Agreement shall be entitled to an award of its reasonable costs and expenses, including, without limitation, attorneys’ fees.
Specific Performance; Attorneys’ Fees. Executive acknowledges and agrees that the Company has no adequate remedy at law for a breach or threatened breach of any of the provisions of this Agreement, and in recognition thereof agrees that in the event of such breach or threatened breach, the Company shall suffer irreparable harm that cannot be adequately compensated for by money damages. Executive agrees that in addition to any remedies at law available to it, the Company shall be entitled, without posting any bond and without notice to Executive, to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction, or any other equitable remedy that may then be available. Executive agrees that the Company may pursue any remedy available to it concurrently or consecutively in any sequence, and that nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies at law or in equity that may be available to it, or any other rights that it may have under any other agreement. Executive expressly waives any claim or defense that the Company has an adequate remedy at law or in damages. The Parties agree that, in any suit, action or proceeding arising out of or seeking enforcement of this Agreement, the prevailing Party shall be entitled to reimbursement in full for its reasonable attorneys’ fees and costs incurred in connection with such suit, action or proceeding, unless such payment is otherwise prohibited by law.
Specific Performance; Attorneys’ Fees. This Agreement may be specifically enforced, and injunctive relief may be granted, without the posting of a bond, to prevent a breach of the Agreement since there is no adequate remedy at law. The prevailing party in any proceeding brought to enforce this agreement shall be entitled to an award of its reasonable costs and expenses, including, without limitation, attorneys’ fees. Nothing contained herein shall prevent either party hereto from seeking to enforce its rights for a breach of this Agreement. Executed on the dates indicated below. UVUMOBILE™, INC. Xxxxxxx X. Xxxxxxxx By: /s/ Xxxxx Xxxxxx By: /s/ Xxxxxxx Xxxxxxxx Xxxxx Xxxxxx Xxxxxxx Xxxxxxxx Its: Chairman of the Board Its: Interim CEO, President and CFO DATED: November 1, 2007 DATED: November 2, 2007
Specific Performance; Attorneys’ Fees. Each of the parties hereby agrees that the transactions contemplated by this Agreement are unique, and that each party shall have, in addition to any other legal or equitable remedy available to it, the right to enforce this Agreement by decree of specific performance. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding in addition to any other remedies to which it, he or they may be entitled at law or equity. The rights and remedies granted herein are cumulative and not exclusive of any other right or remedy granted herein or provided by law.
Specific Performance; Attorneys’ Fees. The parties hereto acknowledge that the transactions contemplated hereby are unique and specifically identifiable. Accordingly, the parties hereto further agree and stipulate that if the Acceptance or the Closing does not occur because of the willful failure of the National Parties, on the one hand, or the Purchaser Parties, on the other hand, to perform their respective obligations hereunder, (i) monetary damages and any other remedy at law will not be adequate, (ii) the non-defaulting party shall be entitled to specific performance as the remedy for such breach, (iii) each party hereto agrees to waive any objection to the remedy of specific performance, (iv) each party agrees that the granting of specific performance by any court will not be deemed to be harsh or oppressive to the party who is ordered specifically to perform its obligations under this Agreement, and (v) in connection with any action for specific performance, the prevailing party shall be entitled to reasonable attorneys' fees and other costs of prosecuting or defending such action.
Specific Performance; Attorneys’ Fees. The Partners agree that the remedy at law for damages upon violation of the terms of this Agreement would be inadequate because the Interests and the business of the Partnership are unique. Therefore, the Partners agree that the provisions of this Agreement may be specifically enforced by any court of competent jurisdiction, and each Partner and its respective transferees agree to submit to the jurisdiction of the court where any such action for specific performance is brought. If any Partner defaults or is alleged to have defaulted in its performance of any of the terms and conditions of this Agreement and if, as a result of such default or alleged default, a lawsuit seeking damages, specific performance, or any other remedy is filed by any other Partner, then, in that event, the prevailing part(ies) in such a lawsuit shall be entitled to obtain costs, including attorneys’ fees, from the non-prevailing party in such amount as shall be determined by the court to be reasonable under the circumstances.
Specific Performance; Attorneys’ Fees. Each Partner agrees with the other Partner that the other Partner would be irreparably damaged if any of the provisions of this Agreement were not performed in accordance with their specific terms and that monetary damages would not provide an adequate remedy in such event. Accordingly, in addition to any other remedy to which the non-breaching Partner may be entitled, at law or in equity, but subject to Section 12.1(c), the non-breaching Partner shall be entitled to injunctive relief to prevent breaches of this Agreement and specifically to enforce the terms and provisions hereof, and the breaching Partner shall reimburse the non-breaching Partner for all costs and expenses reasonably incurred by the non-breaching Partner in enforcing its rights under this Section 16.12. In the event of a breach by either party that results in a lawsuit or other proceeding for any remedy available under this Agreement, the prevailing party shall be entitled to reimbursement from the other party of its reasonable attorneys' fees and expenses.
Specific Performance; Attorneys’ Fees. Should any Member fail or refuse to comply with any of the terms and provisions of this Agreement, the same may be enforced by specific performance. Should it be necessary to retain legal counsel to enforce the terms and provisions hereof, the defaulting Member shall be charged with all responsibility for legal fees, arbitration expense, court costs and litigation expenses incurred in the enforcement of this Agreement.
Specific Performance; Attorneys’ Fees a) The Severance Agreement may be specifically enforced, and injunctive relief may be granted to prevent a breach of the Severance Agreement since there is no adequate remedy at law. The prevailing party in any proceeding brought to obtain specific performance or injunctive relief pursuant to this Severance Agreement shall be entitled to an award of its reasonable costs and expenses, including, without limitation, attorneys’ fees.
