Common use of Monetary Damages, Specific Performance and Other Remedies Clause in Contracts

Monetary Damages, Specific Performance and Other Remedies. The parties recognize that if Sellers refuse to perform under the provisions of this Agreement, monetary damages alone will not be adequate to compensate Buyer for its injury. Buyer shall therefore be entitled to obtain specific performance of the terms of this Agreement in addition to any other remedies, including but not limited to monetary damages (which would include at least the Cash Deposit), that may be available to it. If any action is brought by Buyer to enforce this Agreement, Sellers shall waive the defense that there is an adequate remedy at law. In the event of a default by Sellers, which results in the filing of a lawsuit for damages, specific performance, or other remedy, the prevailing party in such action shall be entitled to reimbursement by the other of reasonable legal fees and expenses incurred by the prevailing party.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Regent Communications Inc), Stock Purchase Agreement (Regent Communications Inc)

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Monetary Damages, Specific Performance and Other Remedies. The parties recognize that if Sellers refuse Seller refuses to perform under the provisions of this Agreement in breach of this Agreement, monetary damages alone will not be adequate to compensate Buyer Buyers for its their injury. Buyer Buyers shall therefore be entitled to obtain specific performance of the terms of this Agreement in addition to any other remedies, including but not limited to monetary damages (which would include at least the Cash Deposit)damages, that may be available to it. If any action is brought by Buyer Buyers to enforce this Agreement, Sellers Seller shall waive the defense that there is an adequate remedy at law. In the event of a material default by Sellerseither party, which results in the filing of a lawsuit for damages, specific performance, or other remedyremedy by the other party, the prevailing party in such action shall be entitled to reimbursement by the other non-prevailing party of reasonable legal fees and expenses incurred by the prevailing party.

Appears in 1 contract

Samples: Asset Purchase Agreement (Regent Communications Inc)

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Monetary Damages, Specific Performance and Other Remedies. The parties recognize that if Sellers refuse the Company or Seller refuses to perform under the provisions of this Agreement, monetary damages alone will not be adequate to compensate Buyer RBI for its injury. Buyer RBI shall therefore be entitled to obtain specific performance of the terms of this Agreement in addition to any other remedies, including but not limited to monetary damages (which would include an amount equal to at least the Cash amount of the Escrow Deposit), that may be available to it. If any action is brought by Buyer RBI to enforce this Agreement, Sellers Seller and the Company shall waive the defense that there is an adequate remedy at law. In the event of a default by SellersSeller or the Company, which results in the filing of a lawsuit for damages, specific performance, or other remedy, the prevailing party in such action shall be entitled to reimbursement by the other of reasonable legal fees and expenses incurred by the prevailing party.

Appears in 1 contract

Samples: Merger Agreement (Regent Communications Inc)

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