Common use of Specific Performance and Remedies Clause in Contracts

Specific Performance and Remedies. Shareholder acknowledges that it will be impossible to measure in money the damage to Western or to Santa Xxxxxx if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Western and Santa Xxxxxx will not have an adequate remedy at law or in damages. Accordingly, Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Western or Santa Xxxxxx have an adequate remedy at law. Shareholder agrees that it will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Western or Santa Monica's seeking or obtaining such equitable relief. In addition to all other rights or remedies which Western or Santa Xxxxxx xxx have against Shareholder in the event of a default in Shareholder's performance of Shareholder's obligations under this Agreement, Shareholder shall be liable to Western and Santa Xxxxxx for all litigation costs and attorneys' fees incurred by Western and Santa Xxxxxx in connection with the enforcement of any of its rights or remedies against Shareholder. In addition, after discussing the matter with Shareholder, Western and Santa Xxxxxx shall have the right to inform any third party that Western and Santa Xxxxxx reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Western and Santa Xxxxxx hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder's agreement with Western and Santa Xxxxxx set forth in this Agreement may give rise to claims by Western and Santa Xxxxxx against such third party.