Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 68 contracts
Samples: Distribution Agreement (Borgwarner Inc), Distribution Agreement (Borgwarner Inc), Distribution Agreement (Borgwarner Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any Each party hereto, each party hereto acknowledges that money damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 20 contracts
Samples: Distribution Agreement (Kraft Foods Inc), Settlement Agreement (Solutia Inc), Distribution Agreement (Altria Group, Inc.)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party Party hereto, each party Party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties Parties hereunder shall be specifically enforceable.
Appears in 13 contracts
Samples: Indemnity Agreement (Xenia Hotels & Resorts, Inc.), Indemnification Agreement (Inland American Real Estate Trust, Inc.), Administrative Services Agreement (LTC Healthcare Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be are specifically enforceable.
Appears in 12 contracts
Samples: Purchase and Sale Agreement (Merry Land Properties Inc), Unit Contribution Agreement (Kramont Realty Trust), Contribution and Distribution Agreement (Wellsford Real Properties Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision provisions in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 5 contracts
Samples: Tax Sharing Agreement (Baker Hughes Inc), Tax Sharing Agreement (Western Atlas Inc), Tax Sharing Agreement (Unova Inc)
Legal Enforceability. Any provision of this Agreement which that is prohibited or unenforceable in any jurisdiction shall, shall be ineffective as to such jurisdiction, be ineffective that jurisdiction to the extent of such that prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such that provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 4 contracts
Samples: Tax Allocation and Indemnity Agreement (Massic Tool Mold & Die Inc), Tax Allocation and Indemnity Agreement (Mego Mortgage Corp), Tax Allocation and Indemnity Agreement (Capital Bancorp/Fl)
Legal Enforceability. Any provision of this Agreement which is -------------------- prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 4 contracts
Samples: Distribution Agreement (Tupperware Corp), Tax Sharing Agreement (Modus Media International Holdings Inc), Distribution Agreement (Premark International Inc)
Legal Enforceability. Any provision of this Agreement -------------------- which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 3 contracts
Samples: Tax Sharing Agreement (Athena Diagnostics Inc), Tax Sharing and Indemnification Agreement (Marriott International Inc /Md/), Separation Agreement (Mips Technologies Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdictionjuris- diction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction juris- diction shall not invalidate or render unenforceable such provision pro- vision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate inade- quate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 3 contracts
Samples: Merger Agreement (Fairchild Industries Inc /De/), Merger Agreement (Fairchild Corp), Merger Agreement (Rhi Holdings Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in or remedies otherwise available to any other jurisdictionparty hereto. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (North Star Universal Inc), Insurance Allocation and Administration Agreement (Lifepoint Hospitals Inc), Insurance Allocation and Administration Agreement (Lifepoint Hospitals LLC)
Legal Enforceability. Any provision of this Agreement which is -------------------- prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision or remedies otherwise available to any party hereto in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 3 contracts
Samples: Contribution Agreement (Modus Media International Holdings Inc), Contribution Agreement (Stream International Holdings Inc), Contribution Agreement (Stream International Holdings Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shallwill, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall will not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be are specifically enforceable.
Appears in 3 contracts
Samples: Spin Off Agreement (Felcor Suite Hotels Inc), Spin Off Agreement (Bristol Hotels & Resorts Inc), Separation and Distribution Agreement (Volu Sol Inc)
Legal Enforceability. Any provision of this Agreement or any of --------------------- the Ancillary Agreements which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any Each party hereto, each party hereto acknowledges that money damages would be an inadequate remedy for any breach of the provisions of this Agreement or any of the Ancillary Agreements and agrees that the obligations of the parties hereunder and thereunder shall be specifically enforceable.
Appears in 3 contracts
Samples: Reorganization Agreement (Energizer Holdings Inc), Reorganization Agreement (Ralston Purina Co), Reorganization Agreement (Energizer Holdings Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability 10 13 without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 2 contracts
Samples: Distribution Agreement (Landair Corp), Distribution Agreement (Landair Corp)
Legal Enforceability. Any provision of this Agreement which that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 2 contracts
Samples: Separation Agreement (Celerity Group Inc), Separation Agreement (Celerity Group Inc)
Legal Enforceability. Any provision of this Agreement which hereof that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any Each party hereto, each party hereto acknowledges that money damages would be an inadequate remedy for any breach of the provisions of this Agreement hereof and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Moneygram International Inc), Separation and Distribution Agreement (Moneygram International Inc)
Legal Enforceability. Any provision of this Agreement which is -------------------- prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in or remedies otherwise available to any other jurisdictionparty hereto. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Waban Inc), Separation and Distribution Agreement (Waban Inc)
Legal Enforceability. Any provision of this Agreement which is -------------------- prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability enforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 2 contracts
Samples: Administration and Services Agreement (Viisage Technology Inc), Administration and Services Agreement (Viisage Technology Inc)
Legal Enforceability. Any provision of this Agreement which -------------------- is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in or remedies otherwise available to any other jurisdictionparty hereto. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 2 contracts
Samples: Government Programs Agreement (Vencor Inc), Management Agreement (Vencor Inc)
Legal Enforceability. Any provision of this Agreement or any -------------------- of the Ancillary Agreements which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any Each party hereto, each party hereto acknowledges that money damages would be an inadequate remedy for any breach of the provisions of this Agreement or any of the Ancillary Agreements and agrees that the obligations of the parties hereunder and thereunder shall be specifically enforceable.
Appears in 2 contracts
Samples: Reorganization Agreement (Tradico Missouri Inc), Agreement and Plan of Reorganization (Agribrands International Inc)
Legal Enforceability. Any provision of this Agreement agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereofof it. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in or remedies otherwise available to any other jurisdictionparty to this agreement. Without prejudice to any rights or remedies otherwise available to any party heretoto this agreement, each party hereto to this agreement acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement agreement and agrees that the obligations of the parties hereunder under this agreement shall be specifically enforceable.
Appears in 2 contracts
Samples: Separation Agreement (Card Activation Technologies Inc), Separation Agreement (Card Activation Technologies Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability enforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 2 contracts
Samples: Separation Agreement (Retek Inc), Separation Agreement (Retek Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party Party hereto, each party Party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties Parties hereunder shall be specifically enforceable.
Appears in 2 contracts
Samples: Tax Sharing Agreement (Crown Media Holdings Inc), Tax Sharing Agreement (Crown Media Holdings Inc)
Legal Enforceability. Any provision of this Agreement or any of the Ancillary Agreements which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any Each party hereto, each party hereto acknowledges that money damages would be an inadequate remedy for any breach of the provisions of this Agreement or any of the Ancillary Agreements and agrees that the obligations of the parties hereunder and thereunder shall be specifically enforceable.
Appears in 2 contracts
Samples: Reorganization Agreement (JPS Packaging Co), Reorganization Agreement (Ralcorp Holdings Inc /Mo)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages alone would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 1 contract
Samples: Reorganization and Distribution Agreement (Rentrak Corp)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating in- 143 validating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Grace W R & Co /Ny/)
Legal Enforceability. Any provision of this Agreement which is -------------------- prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in or remedies otherwise available to any other jurisdictionparty hereto. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.. Separation and Distribution Agreement
Appears in 1 contract
Samples: Separation and Distribution Agreement (Homebase Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating in- 26 validating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 1 contract
Samples: Contribution Agreement (Fresenius Aktiengesellschaft)
Legal Enforceability. Any provision of this Agreement which -------------------- is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 1 contract
Samples: Tax Sharing Agreement (Stream International Holdings Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that from and after the Effective Time damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 1 contract
Samples: Separation Agreement (Olsten Corp)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction ju- risdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating in- validating the remaining provisions hereof. Any such prohibition prohibi- tion or unenforceability in any jurisdiction shall not invalidate invali- date or render unenforceable such provision in any other jurisdictionjuris- diction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations obliga- tions of the parties hereunder shall be specifically enforceableenforce- able.
Appears in 1 contract
Samples: Distribution Agreement (New Morton International Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party heretoparty, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 1 contract
Legal Enforceability. Any provision of this Agreement which that is prohibited or unenforceable in any jurisdiction shallwill, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall will not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party Party hereto, each party Party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties Parties hereunder shall will be specifically enforceable.
Appears in 1 contract
Samples: Federal Income Tax Sharing Agreement (Crown Media Holdings Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.of
Appears in 1 contract
Samples: Distribution Agreement (Optimum Health Services Inc)
Legal Enforceability. Any provision of this Agreement or any of the Ancillary Agreements which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice to any rights or remedies otherwise available to any Each party hereto, each party hereto acknowledges that money damages would be an inadequate remedy for any breach of the provisions of this Agreement or any of the Ancillary Agreements and agrees that the obligations of the parties hereunder and thereunder shall be specifically enforceable.. B-25 26 13.12
Appears in 1 contract
Samples: Reorganization Agreement (New Ralcorp Holdings Inc)
Legal Enforceability. Any provision of this Agreement -------------------- which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in or remedies otherwise available to any other jurisdictionparty hereto. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto here to acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 1 contract
Samples: Reorganization and Distribution Agreement (Vencor Inc)
Legal Enforceability. Any provision of this Agreement -------------------- which is prohibited or unenforceable in any jurisdiction shall, shall as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in or remedies otherwise available to any other jurisdictionparty hereto. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an 17 January 4, 1990 inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 1 contract
Samples: Services Agreement (Vencor Inc)
Legal Enforceability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective ineffec tive to the extent of such prohibition or unenforceability unenforce ability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without prejudice preju dice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions provi sions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 1 contract
Samples: Distribution Agreement (Consolidated Freightways Corp)
Legal Enforceability. Any provision of this -------------------- Agreement which is prohibited or unenforceable in any jurisdiction shall, shall as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in or remedies otherwise available to any other jurisdictionparty hereto. Without prejudice to any rights or remedies otherwise available to any party hereto, each party hereto acknowledges that damages would be an inadequate remedy for any breach of the provisions of this Agreement and agrees that the obligations of the parties hereunder shall be specifically enforceable.
Appears in 1 contract
Samples: Insurance Agreement (Vencor Inc)
