Common use of Equitable Remedies/Reasonableness of Limitations Clause in Contracts

Equitable Remedies/Reasonableness of Limitations. The Parties acknowledge that a remedy at law for failure to comply with the provisions of this Agreement, including the covenants contained in Sections 9.4-9.6, may be inadequate and any Party will be entitled to seek and obtain from a court having jurisdiction or from an arbitrator under Section 10.4, in its sole discretion, specific performance, an injunction, a restraining order or any other equitable relief in order to enforce any such provision without the need to post a bond (or if a bond is required by Law, a bond in the amount of $100 will be sufficient). The right to obtain such equitable relief will be in addition to any other remedy to which a Party is entitled under applicable Law (including, but not limited to, monetary damages). Sellers and the Company Founders represent and warrant that each Seller and Company Founder has had an opportunity to consult with counsel regarding this Agreement, has fully and completely reviewed this Agreement with such counsel and fully understands the contents hereof. Sellers and the Company Founders agree that the territorial, time and other limitations contained in this Agreement are reasonable and properly required for the adequate protection of the business and affairs of Buyer, and in the event that any one or more of such territorial, time or other limitations is found to be unreasonable by a court of competent jurisdiction, Sellers and the Company Founders agree to submit to the reduction of said territorial, time or other limitations to such an area, period or otherwise as the court may determine to be reasonable. In the event that any limitation under this Agreement is found to be unreasonable or otherwise invalid in any jurisdiction, in whole or in part, Sellers and the Company Founders acknowledge and agree that such limitation will remain and be valid in all other jurisdictions.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Glass House Brands Inc.), Agreement and Plan of Merger (Glass House Brands Inc.)

AutoNDA by SimpleDocs

Equitable Remedies/Reasonableness of Limitations. The Parties acknowledge Each Party acknowledges that (a) a remedy at law for failure to comply with the provisions of this Agreement, including the covenants contained in Sections 9.4-9.6, this Section 10.1 may be inadequate and any (b) the other Party will be entitled to seek and obtain from a court having jurisdiction or from an arbitrator under Section 10.4jurisdiction, in its sole discretion, specific performance, an injunction, a restraining order or any other equitable relief in order to enforce any such provision without the need to post a bond (or if a bond is required by Law, a bond in the amount of $100 will be sufficient)bond. The right to obtain such equitable relief will be in addition to any other remedy to which a the Party is entitled under applicable Law (including, but not limited to, monetary damages). Sellers and the Company Founders represent and warrant Each Party acknowledges that each Seller and Company Founder it has had an opportunity to consult with counsel regarding this Agreement, has fully and completely reviewed this Agreement with such counsel and fully understands the contents hereof. Sellers and the Company Founders agree Seller agrees that the territorial, time and other limitations contained in this Agreement are reasonable and properly required for the adequate protection of the business and affairs of Buyer, and in the event that any one or more of such territorial, time or other limitations is found to be unreasonable by a court of competent jurisdiction, Sellers and the Company Founders agree Seller agrees to submit to the reduction of said territorial, time or other limitations to such an area, period or otherwise as the court may determine to be reasonable. In the event that any limitation under this Agreement is found to be unreasonable or otherwise invalid in any jurisdiction, in whole or in part, Sellers and the Company Founders Seller acknowledge and agree that such limitation will remain and be valid in all other jurisdictions.

Appears in 1 contract

Samples: Equity Purchase Agreement (Vireo Health International, Inc.)

Equitable Remedies/Reasonableness of Limitations. The Parties acknowledge Seller acknowledges that (a) a remedy at law for its failure to comply with the provisions of this Agreement, including the applicable covenants contained in Sections 9.4-9.66.8, 6.9 and 6.10 of this Agreement may be inadequate and any Party will (b) Buyer shall be entitled to seek and obtain from a court having jurisdiction or from an arbitrator under Section 10.4, in its sole discretion, specific performance, an injunction, a restraining order or any other equitable relief in order to enforce any such provision without the need to post a bond (or if a bond is required by Law, a bond in the amount of $100 will be sufficient)provision. The right to obtain seek such equitable relief will shall be in addition to any other remedy to which a Party Buyer is entitled under applicable Law law (including, but not limited to, monetary damages). Sellers Seller represents and the Company Founders represent and warrant warrants that each Seller and Company Founder it has had an opportunity to consult with counsel regarding this Agreement, has fully and completely reviewed this Agreement with such counsel and fully understands the contents hereof. Sellers and the Company Founders agree Seller agrees that the territorial, time and other limitations contained in Sections 6.8 and 6.9 of this Agreement are reasonable and properly required for the adequate protection of the business and affairs of Buyer, and in the event that any one or more of such territorial, time or other limitations is found to be unreasonable by a court of competent jurisdiction, Sellers and the Company Founders agree Seller agrees to submit to the reduction of said territorial, time or other limitations to such an area, period or otherwise as the court may determine to be reasonable. In the event that any limitation under this Agreement is found to be unreasonable or otherwise invalid in any jurisdiction, in whole or in part, Sellers Seller acknowledges and the Company Founders acknowledge and agree agrees that such limitation will shall remain and be valid in all other jurisdictions.

Appears in 1 contract

Samples: Stock Purchase Agreement (Mac-Gray Corp)

AutoNDA by SimpleDocs

Equitable Remedies/Reasonableness of Limitations. The Parties Sellers acknowledge that (a) a remedy at law for failure to comply with the provisions of this Agreement, including the covenants contained in Sections 9.4-9.6, 9.4 - 9.6 may be inadequate and any Party (b) Buyer will be entitled to seek and obtain from a court having jurisdiction or from an arbitrator under Section 10.4jurisdiction, in its sole discretion, specific performance, an injunction, a restraining order or any other equitable relief in order to enforce any such provision without the need to post a bond (or if a bond is required by Law, a bond in the amount of $100 will be sufficient). The right to obtain such equitable relief will be in addition to any other remedy to which a Party Buyer is entitled under applicable Law (including, but not limited to, monetary damages). Sellers and the Company Founders represent and warrant Each Seller acknowledges that each Seller and Company Founder it has had an opportunity to consult with counsel regarding this Agreement, has fully and completely reviewed this Agreement with such counsel and fully understands the contents hereof. The Sellers and the Company Founders agree that the territorial, time and other limitations contained in this Agreement are reasonable and properly required for the adequate protection of the business and affairs of Buyer, and in the event that any one or more of such territorial, time or other limitations is found to be unreasonable by a court of competent jurisdiction, the Sellers and the Company Founders agree to submit to the reduction of said territorial, time or other limitations to such an area, period or otherwise as the court may determine to be reasonable. In the event that any limitation under this Agreement is found to be unreasonable or otherwise invalid in any jurisdiction, in whole or in part, the Sellers and the Company Founders acknowledge and agree that such limitation will remain and be valid in all other jurisdictions.

Appears in 1 contract

Samples: Equity Purchase Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.