Injunctive Relief; Enforcement. Each of the Buyer and the Seller, acknowledges and agrees that in the event of a breach of any of the provisions of this Section 6, monetary damages shall not constitute a sufficient remedy. Consequently, in the event of any such breach, the non-breaching party and/or its respective successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof, in each case without the requirement of posting a bond or providing actual damages. If the final judgment of a court of competent jurisdiction declares that any term or provision of this Section 6 is invalid or unenforceable, each of Buyer and the Seller agree that the court making the determination of invalidity or unenforceability shall have the power to reduce the scope, duration, or area of the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified after the expiration of the time within which the judgment may be appealed.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Veriteq), Stock Purchase Agreement (POSITIVEID Corp)
Injunctive Relief; Enforcement. Each of the Buyer and the Seller, Seller acknowledges and agrees that in the event of a breach of any of the provisions of this Section 6Article 12, monetary damages shall not constitute a sufficient remedy. Consequently, in the event of any such breach, the non-breaching party and/or its respective successors or assigns may, in addition to other rights and remedies existing in their favor, apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof, in each case without the requirement of posting a bond or providing actual damages. If the final judgment of a court of competent jurisdiction declares that any term or provision of this Section 6 Article 12 is invalid or unenforceable, each of Buyer and the Seller agree that the court making the determination of invalidity or unenforceability shall have the power to reduce the scope, duration, or area of the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified after the expiration of the time within which the judgment may be appealed.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Digital Angel Corp), Asset Purchase Agreement (VeriChip CORP)