Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party may bring a proceeding against any other party hereto for specific performance or injunctive or other forms or equitable relief in the state or federal courts pursuant to the procedures set forth in Section 11.3 without having to submit the matter or Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such party's rights or ability to seek such monetary award or relief in another action or proceeding.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Smart & Final Inc/De), Share Purchase Agreement (Smart & Final Inc/De)
Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party may bring a proceeding against any other party hereto for specific performance or injunctive or other forms or equitable relief in the state or federal courts pursuant to the procedures set forth in Section 11.3 6 without having to submit the matter or Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such party's rights or ability to seek such monetary award or relief in another action or proceeding.
Appears in 2 contracts
Samples: Share Purchase Agreement (Smart & Final Inc/De), Assignment and Assumption Agreement (Smart & Final Inc/De)
Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party may bring a proceeding against any other party hereto for specific performance or injunctive or other forms or equitable relief in the state or federal courts pursuant to the procedures set forth in Section 11.3 14(c) of Delaware without having to submit the matter or Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such party's rights or ability to seek such monetary award or relief in another action or proceeding.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Smart & Final Inc/De), Share Purchase Agreement (Smart & Final Inc/De)
Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party may bring a proceeding against any other party hereto for specific performance or injunctive or other forms or equitable relief in the state or federal courts pursuant to the procedures set forth in Section 11.3 6.C without having to submit the matter or Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such party's rights or ability to seek such monetary award or relief in another action or proceeding.
Appears in 2 contracts
Samples: Share Purchase Agreement (Smart & Final Inc/De), Assignment and Assumption Agreement (Smart & Final Inc/De)
Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party may bring a proceeding against any other party hereto for specific performance or injunctive or other forms or equitable relief in the state or federal courts pursuant to the procedures set forth in Section 11.3 9.C without having to submit the matter or Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such party's rights or ability to seek such monetary award or relief in another action or proceeding.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Smart & Final Inc/De), Share Purchase Agreement (Smart & Final Inc/De)
Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party may bring a proceeding against any other party hereto for specific performance or injunctive or other forms or equitable relief in the state or federal courts pursuant to the procedures set forth in Section 11.3 12.5 without having to submit the matter or Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such party's rights or ability to seek such monetary award or relief in another action or proceeding.
Appears in 2 contracts
Samples: Share Purchase Agreement (Smart & Final Inc/De), Assignment and Assumption Agreement (Smart & Final Inc/De)
Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party may bring a proceeding against any other party hereto for specific performance or injunctive or other forms or equitable relief in the state or federal courts pursuant to the procedures set forth in Section 11.3 12.5 without having to submit the matter or Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such party's rights or ability to seek such monetary award or relief in another action or proceeding.. 12.16
Appears in 1 contract
Samples: Assignment and Assumption Agreement
Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party may bring a proceeding against any other party hereto for specific performance or injunctive or other forms or equitable relief in the state or federal courts pursuant to the procedures set forth in Section 11.3 without having to submit the matter or Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such party's rights or ability to seek such monetary award or relief in another action or proceeding.. 11.14
Appears in 1 contract
Samples: Assignment and Assumption Agreement
Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party may bring a proceeding against any other party hereto for specific performance or injunctive or other forms or equitable relief in the state or federal courts pursuant to the procedures set forth in Section 11.3 6.C without having to submit the matter or 9 <PAGE> Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such party's rights or ability to seek such monetary award or relief in another action or proceeding.. N.
Appears in 1 contract
Samples: Assignment and Assumption Agreement
Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party may bring a proceeding against any other party hereto for specific performance or injunctive or other forms or equitable 7 <PAGE> relief in the state or federal courts pursuant to the procedures set forth in Section 11.3 6 without having to submit the matter or Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such party's rights or ability to seek such monetary award or relief in another action or proceeding. 17.
Appears in 1 contract
Samples: Assignment and Assumption Agreement
Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party may bring a proceeding against any the other party hereto for specific performance or injunctive or other forms or equitable relief in the state or federal courts pursuant to the procedures set forth designated in Section 11.3 11.9 of this Agreement without having to submit the matter or Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such party's ’s rights or ability to seek such monetary award or relief in another action or proceeding.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Patina Oil & Gas Corp)
Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party Party may bring a proceeding against any the other party hereto Party for specific performance or injunctive or other forms or equitable relief in the state or federal courts pursuant to the procedures set forth designated in Section 11.3 10.3 of this Agreement without having to submit the matter or Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party Party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such partyParty's rights or ability to seek such monetary award or relief in another action or proceeding.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Markwest Hydrocarbon Inc)
Exceptions for Equitable Relief. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Agreement, a party may bring a proceeding against any other party hereto for specific performance or injunctive or other forms or equitable relief in the state or federal courts pursuant to the procedures set forth in Section 11.3 9.C without having to submit the matter or Agreement Dispute in question to mediation as hereinabove set forth, provided, however, that such party shall not seek any monetary award or relief in such action or proceeding unless its failure to do so would prejudice such party's rights or ability to seek such monetary award or relief in another action or proceeding.. N.
Appears in 1 contract
Samples: Assignment and Assumption Agreement