Common use of Specific Performance and Other Remedies Clause in Contracts

Specific Performance and Other Remedies. Each Party hereby acknowledges that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any Party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party may be without an adequate remedy at law. In the event that any Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, the non-breaching Party or Parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 19 contracts

Samples: Agreement and Plan of Merger (PRGX Global, Inc.), Agreement and Plan of Merger (ExamWorks Group, Inc.), Settlement Agreement

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Specific Performance and Other Remedies. Each Party hereby acknowledges that the rights of each Party to consummate the transactions contemplated hereby Transactions are special, unique and of extraordinary character and that, in the event that if any Party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching Party or Parties may be without an adequate remedy at law. In the event that If any Party violates or fails or refuses to perform any covenant or agreement made by such the Party hereinin this Agreement, the non-breaching Party or Parties may, subject to the terms hereof of this Agreement and in addition to any remedy at law for damages or other relief, institute and prosecute an action Action in any court of competent jurisdiction to enforce specific performance of such the covenant or agreement or seek any other equitable relief.

Appears in 4 contracts

Samples: Intellectual Property Agreement (New Clearwire CORP), Intellectual Property Agreement (Clearwire Corp /DE), Intellectual Property Agreement (New Clearwire CORP)

Specific Performance and Other Remedies. Each Party hereby acknowledges that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that if any Party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party may be without an adequate remedy at law. In the event that If any Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, the non-breaching Party or Parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Exelon Corp), Purchase and Sale Agreement (Consumers Energy Co), Purchase and Sale Agreement (CMS Energy Corp)

Specific Performance and Other Remedies. Each Party hereby acknowledges that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any Party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party may be without an adequate remedy at law. In the event that any Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, the non-breaching Party or Parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief, in each case without the requirement of posting a bond or proving actual damages.

Appears in 2 contracts

Samples: Stockpurchase Agreement (Next Group Holdings, Inc.), Stock Purchase Agreement (Next Group Holdings, Inc.)

Specific Performance and Other Remedies. Each Party party hereby acknowledges that the rights of each Party party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any Party party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party party may be without an adequate remedy at law. In the event that any Party party violates or fails or refuses to perform any covenant or agreement made by such Party party herein, the non-breaching Party party or Parties parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Samples: Stock Purchase Agreement (Openwave Systems Inc)

Specific Performance and Other Remedies. Each Party party hereby acknowledges that the rights of each Party party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any Party party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party party may be without an adequate remedy at law. In the event that any Party party violates or fails or refuses to perform any covenant or agreement made by such Party party herein, the non-breaching Party party or Parties parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Samples: Asset Purchase Agreement (TRM Corp)

Specific Performance and Other Remedies. Each Party hereby acknowledges that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any Party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party may be without an adequate remedy at law. In the event that any Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, the non-breaching Party or Parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Samples: Intellectual Property Assignment (ExamWorks Group, Inc.)

Specific Performance and Other Remedies. Each Party hereby acknowledges that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any Party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party may be without an adequate remedy at law. In the event that any Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, the non-breaching Party or Parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sciele Pharma, Inc.)

Specific Performance and Other Remedies. (a) Each Party hereby acknowledges that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any Party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party may be without an adequate remedy at law. In the event that any Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, the non-breaching Party or Parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Samples: Purchase Agreement (Seaboard Corp /De/)

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Specific Performance and Other Remedies. Each Party hereby acknowledges that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any if either Party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party may be without an adequate remedy at law. In the event that any If either Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, the non-breaching Party or Parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Consumers Energy Co)

Specific Performance and Other Remedies. Each Party hereby party hereto acknowledges that the rights of each Party of the other parties hereto to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any Party party hereto violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party other parties hereto may be without an adequate remedy at law. In the event that any Party party hereto violates or fails or refuses to perform any covenant or agreement made by such Party party herein, the non-breaching Party or Parties other parties hereto may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Samples: Asset Purchase Agreement (Zep Inc.)

Specific Performance and Other Remedies. Each Party hereby acknowledges that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any either Party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party may be without an adequate remedy at law. In the event that any either Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, the non-breaching Party or Parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Plains Exploration & Production Co)

Specific Performance and Other Remedies. Each Party hereby acknowledges that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any if either Party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party may will be without an adequate remedy at law. In the event that any If either Party breaches, violates or fails or refuses to perform any covenant or agreement made by such Party herein, the non-breaching Party or Parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Consumers Energy Co)

Specific Performance and Other Remedies. .. Each Party hereby acknowledges that the rights of each Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character and that, in the event that any Party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching Party may be without an adequate remedy at law. In the event that any Party violates or fails or refuses to perform any covenant or agreement made by such Party herein, the non-breaching Party or Parties may, subject to the terms hereof and in addition to any remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Samples: Stock Purchase Agreement (CNF Inc)

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