Common use of No Waivers; Remedies; Specific Performance Clause in Contracts

No Waivers; Remedies; Specific Performance. (a) No failure or delay by any party in exercising any right, power or privilege under any Transaction Document shall operate as a waiver of the right, power or privilege. A single or partial exercise of any right, power or privilege shall not preclude any other or further exercise of the right, power or privilege or the exercise of any other right, power or privilege. The rights and remedies provided in the Transaction Documents shall be cumulative and not exclusive of any rights or remedies provided by law. (b) In view of the uniqueness of the Transactions and the business, properties, operations, prospects and condition (financial and otherwise) of the Company, neither of the parties would have an adequate remedy at law for money damages in the event that any of the Transaction Documents is not performed in accordance with its terms, and therefore each of the parties agrees that the other party shall be entitled to specific enforcement of the terms of each Transaction Document in addition to any other remedy to which it may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Purchase Agreement (Saxon Petroleum Inc), Purchase Agreement (Forest Oil Corp)

AutoNDA by SimpleDocs

No Waivers; Remedies; Specific Performance. (a) No failure or delay by any party in exercising any right, power or privilege under any Transaction Document shall operate as a waiver of the right, power or privilege. A single or partial exercise of any right, power or privilege shall not preclude any other or further exercise of the right, power or privilege or the exercise of any other right, power or privilege. The rights and remedies provided in the Transaction Documents shall be cumulative and not exclusive of any rights or remedies provided by law. (b) In view of the uniqueness of the Transactions and the business, properties, operations, prospects and condition (financial and otherwise) of the CompanyCompany and its Subsidiaries, neither of the parties Purchaser would not have an adequate remedy at law for money damages in the event that any of the Transaction Documents is not performed in accordance with its terms, and therefore each of the parties Company agrees that the other party Purchaser shall be entitled to specific enforcement of the terms of each Transaction Document in addition to any other remedy to which it may be entitled, at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Interwest Group Inc)

No Waivers; Remedies; Specific Performance. (a) No failure or delay by any party to or express beneficiary of any Transaction Document in exercising any right, power or privilege under any such Transaction Document shall operate as a waiver of the right, power or privilege. A single or partial exercise of any right, power or privilege shall not preclude any other or further exercise of the right, power or privilege or the exercise of any other right, power or privilege. The rights and remedies provided in the Transaction Documents shall be cumulative and not exclusive of any rights or remedies provided by law. (b) In view of the uniqueness of the Transactions and the business, properties, operations, prospects and condition (financial and otherwise) of the CompanyCompany and its Subsidiaries, neither a party to or express beneficiary of the parties any Transaction Document would not have an adequate remedy at law for money damages in the event that any of the such Transaction Documents is Document were not performed in accordance with its terms, and therefore each of the parties agrees that the other party parties to and express beneficiaries of such Transaction Document shall be entitled to specific enforcement of the terms of each such Transaction Document in addition to any other remedy to which it may be entitled, at law or in equity.

Appears in 1 contract

Samples: Merger Agreement (Icon CMT Corp)

AutoNDA by SimpleDocs

No Waivers; Remedies; Specific Performance. (a) No failure or delay by any party in exercising any right, power or privilege under any Transaction Document shall operate as a waiver of the right, power or privilege. A single or partial exercise of any right, power or privilege shall not preclude any other or further exercise of the right, power or privilege or the exercise of any other right, power or privilege. The rights and remedies provided in the Transaction Documents shall shall, subject to Section 8.12 hereof, be cumulative and not exclusive of any rights or remedies provided by law. (b) In view of the uniqueness of the Transactions and the business, properties, operations, prospects and condition (financial and otherwise) of the CompanyCompany and its Consolidated Subsidiaries, neither of the parties would have an adequate remedy at law for money damages in the event that any of the Transaction Documents is not performed in accordance with its terms, and therefore each of the parties agrees that the other party shall shall, subject to Section 8.12 hereof, be entitled to specific enforcement of the terms of each Transaction Document in addition to any other remedy to which it may be entitled, at law or in equity.

Appears in 1 contract

Samples: Purchase Agreement (Advanced NMR Systems Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!