Common use of Preservation of Remedies Clause in Contracts

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. Xxxxxx ------------------------------------------ Xxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of the date above written: /s/ Xxxxx X. Xxx ---------------------- Xxxxx X. Xxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF XXXXX X. XXX ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. Xxxxxx ------------------------------------------ Xxxxxxx X. Xxxxxx Title: President & and Chief Executive Officer Agreed as of the date above written: /s/ Xxxxx X. Xxx ---------------------- Xxxxx X. Xxx Xxxx Xxxxxxxxx Xxxx Xxxxxxxxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "“AGREEMENT"”) OF XXXXX X. XXX XXXX XXXXXXXXX ("“EXECUTIVE"”) (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. Xxxxxx ------------------------------------------ Xxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of the date above written: /s/ Xxxxx X. Xxx ---------------------- Xxxxx X. Xxx Xxxxxxx Xxxxxxx --------------------- Xxxxxxx Xxxxxxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF XXXXX X. XXX XXXXXXX XXXXXXX ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Title: Chairman of the Board of Directors Agreed as of March 29, 2011: /s/ Xxxxxxx X. Xxxxxx ------------------------------------------ Xxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of the date above written: /s/ Xxxxx X. Xxx ---------------------- Xxxxx X. Xxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "“AGREEMENT"”) OF XXXXX XXXXXXX X. XXX XXXXXX ("“EXECUTIVE"”) (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. Xxxxxx ------------------------------------------ -------------------------------------------- Xxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of the date above written: /s/ Xxxxx X. Xxx ---------------------- Xxxxx X. Xxx Xxxxxxx Xxxxxxxx --------------------------- Xxxxxxx Xxxxxxxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF XXXXX X. XXX XXXXXXX XXXXXXXX ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx Jxxxxxx X. Xxxxxx ------------------------------------------ Xxxxxxx ----------------------------------------------- Jxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of the date above written: /s/ Xxxxx Ixx X. Xxx ---------------------- Xxxxx Xxxxxx --------------------- Ixx X. Xxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF XXXXX X. XXX ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)Xxxxxx

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. Xxxxxx ------------------------------------------ Xxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of the date above writtenthis 29th day of March, 2011: /s/ Xxxxx Xxx X. Xxxxxx Xxx ---------------------- Xxxxx X. Xxx Xxxxxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "“AGREEMENT") OF XXXXX X. XXX ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.”)