Common use of Other Remedies; Specific Performance Clause in Contracts

Other Remedies; Specific Performance. Any and all remedies herein expressly conferred upon a Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such Party, and the exercise by a Party of any one remedy will not preclude the exercise of any other remedy. The Parties agree that irreparable damage would occur in the event that any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that the Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the provisions hereof, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Royalty Agreement (Flamel Technologies Sa), Royalty Agreement (Flamel Technologies Sa)

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Other Remedies; Specific Performance. Any Except as otherwise provided herein, any and all remedies herein expressly conferred upon a Party party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such Partyparty, and the exercise by a Party party of any one remedy will not preclude the exercise of any other remedy. The Parties parties agree that irreparable damage would could occur in the event that any provision of this Agreement were is not performed in accordance with its specific terms or were is otherwise breached. It is accordingly agreed that the Parties shall parties may be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereofhereof in any United States federal or state court having jurisdiction, this being in addition to any other remedy to which they are entitled at law Law or in equity.

Appears in 2 contracts

Samples: Transition Services Agreement (Medifocus Inc.), Transition Services Agreement (Medifocus Inc.)

Other Remedies; Specific Performance. Any Except as otherwise provided herein, any and all remedies herein expressly conferred upon a Party party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such Partyparty, and the exercise by a Party party of any one remedy will not preclude the exercise of any other remedy. The Parties parties hereto agree that irreparable damage would occur in the event that any provision of the provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereofhereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Ikanos Communications), Asset Purchase Agreement (Ikanos Communications)

Other Remedies; Specific Performance. Any Except as otherwise provided herein, any and all remedies herein expressly conferred upon a Party party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such Partyparty, and the exercise by a Party party of any one remedy will not preclude the exercise of any other remedy. The Parties parties hereto agree that irreparable damage would occur in if any of the event that any provision provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the Parties parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereofhereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Yahoo Inc), Agreement and Plan of Merger (Inktomi Corp)

Other Remedies; Specific Performance. Any and all remedies herein expressly conferred upon a Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such Party, and the exercise by a Party of any one remedy will not preclude the exercise of any other remedy. The Parties agree that irreparable damage would occur in the event that any provision the provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereofhereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 1 contract

Samples: Purchase Agreement (Mueller Water Products, Inc.)

Other Remedies; Specific Performance. Any Except as otherwise provided herein, any and all remedies herein expressly conferred upon a Party party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such Partyparty, and the exercise by a Party party of any one remedy will not preclude the exercise of any other remedy. The Parties parties hereto agree that irreparable damage would occur in the event that any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that the Parties parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereofhereof in any court of the United States or any state having jurisdiction without the necessity of demonstrating damages or posting a bond, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Perrigo Co)

Other Remedies; Specific Performance. Any Except as otherwise provided herein, any and all remedies herein expressly conferred upon a Party party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such Partyparty, and the exercise by a Party party of any one remedy will not preclude the exercise of any other remedy. The Parties parties hereto agree that irreparable damage would occur in to Parent if the event that any provision provisions of this Agreement were not performed in accordance with its specific terms or were otherwise breachedenforced following Closing. It is accordingly agreed that the Parties Parent shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereofhereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Chicken Soup for the Soul Entertainment, Inc.)

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Other Remedies; Specific Performance. Any Except as otherwise provided herein, any and all remedies herein expressly conferred upon a Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such Party, and the exercise by a Party of any one remedy will not preclude the exercise of any other remedy. The Parties hereto agree that irreparable damage would may occur in the event that any provision of the provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the Parties shall may be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereofhereof in a US court, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 1 contract

Samples: Agreement (Global Warming Solutions, Inc.)

Other Remedies; Specific Performance. Any and all remedies herein expressly conferred upon a Party party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such Partyparty, and the exercise by a Party party of any one remedy will not preclude the exercise of any other remedy. The Parties parties hereto agree that irreparable damage would occur in the event that any provision of the provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the Parties parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereofhereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Parexel International Corp)

Other Remedies; Specific Performance. Any Except as otherwise provided, any and all remedies herein expressly conferred upon a Party will party shall be deemed cumulative with and not exclusive of any other remedy conferred herebyconferred, or by law or equity upon such Partyparty, and the exercise by a Party party of any one remedy will not preclude the exercise of any other remedy. The Parties parties agree that irreparable damage would occur in the event that any provision of the terms of this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that the Parties parties hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereofin any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Cidco Inc)

Other Remedies; Specific Performance. Any Except as otherwise provided herein, any and all remedies herein expressly conferred upon a Party party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such Partyparty, and the exercise by a Party party of any one remedy will not preclude the exercise of any other remedy. The Parties parties hereto agree that irreparable damage would occur in the event that any provision of this Agreement were is not performed in accordance with its specific terms or were is otherwise breached. It is accordingly agreed that the Parties parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereofhereof in any federal or state court located in the State of Delaware, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 1 contract

Samples: Right of First Refusal Agreement (Jaws Acquisition Corp.)

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