Common use of Limitation on Monetary Damages Equitable Remedies Clause in Contracts

Limitation on Monetary Damages Equitable Remedies. FOX and CODI hereby agree that neither party shall have any liability for monetary damages for any breach of this Agreement so long as such party used commercially reasonable efforts to comply with the obligation such party breached and continues thereafter to use commercially reasonable efforts to remedy such breach. In addition to other remedies provided by applicable law, FOX and CODI may each enforce the provisions of this Agreement through such legal or equitable remedies as a court of competent jurisdiction shall allow without the necessity of proving actual damages or bad faith, and the party subject to a claim under this Agreement hereby waives any claim or defense that such party has an adequate remedy at law, and waives any requirement for the securing or posting of any bond in connection with such equitable remedy.

Appears in 2 contracts

Samples: Information Sharing and Cooperation Agreement (Fox Factory Holding Corp), Information Sharing and Cooperation Agreement (Fox Factory Holding Corp)

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Limitation on Monetary Damages Equitable Remedies. FOX RNL and CODI Roivant hereby agree that neither party Party shall have any liability for monetary damages for any breach of this Agreement so long as such party Party used commercially reasonable efforts to comply with the obligation such party Party breached and continues thereafter to use commercially reasonable efforts to remedy such breach. In addition to other remedies provided by applicable law, FOX RNL and CODI Roivant may each enforce the provisions of this Agreement through such legal or equitable remedies as a court of competent jurisdiction shall allow without the necessity of proving actual damages or bad faith, and the party Party subject to a claim under this Agreement hereby waives any claim or defense that such party Party has an adequate remedy at law, and waives any requirement for the securing or posting of any bond in connection with such equitable remedy.

Appears in 2 contracts

Samples: Sharing and Cooperation Agreement (Axovant Sciences Ltd.), Sharing and Cooperation Agreement (Axovant Sciences Ltd.)

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