Common use of Other Remedies; Specific Performance Clause in Contracts

Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties agree that irreparable damage could occur in the event that any provision of this Agreement is not performed in accordance with its specific terms or is otherwise breached. It is accordingly agreed that the parties may be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any United States federal or state court having jurisdiction, this being in addition to any other remedy to which they are entitled at Law or in equity.

Appears in 2 contracts

Samples: Transition Services Agreement (Medifocus Inc.), Transition Services Agreement (Medifocus Inc.)

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Other Remedies; Specific Performance. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy. The parties Parties agree that irreparable damage could would occur in the event that any provision of this Agreement is were not performed in accordance with its specific terms or is were otherwise breached. It is accordingly agreed that the parties may Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any United States federal or state court having jurisdictionhereof, this being in addition to any other remedy to which they are entitled at Law law or in equity.

Appears in 2 contracts

Samples: Royalty Agreement (Flamel Technologies Sa), Royalty Agreement (Flamel Technologies Sa)

Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy. The parties Parties hereto agree that irreparable damage could would occur in the event that any provision of the provisions of this Agreement is were not performed in accordance with its their specific terms or is were otherwise breached. It is accordingly agreed that that, subject to the parties may terms of Section 10.8, the Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States federal or any state court having jurisdiction, this being in addition to any other remedy to which they are entitled at Law law or in equity.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Telanetix,Inc)

Other Remedies; Specific Performance. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage could would occur in the event that any provision of the provisions of this Agreement is were not performed in accordance with its their specific terms or is were otherwise breached. It is accordingly agreed that the parties may shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States federal or any state court having jurisdiction, this being in addition to any other remedy to which they are entitled at Law law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Parexel International Corp)

Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy. The parties agree Parties hereby acknowledge that irreparable damage could would occur in the event that any provision of this Agreement is the post-Closing obligations of a Party pursuant to the provisions of Article 6 were not performed in accordance with its their specific terms or is were otherwise breached. It is accordingly agreed that Each of the parties may Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof hereof, in any United States federal or state court having jurisdiction, this being in addition to any other remedy to which they are such Party is entitled at Law law or in equity.

Appears in 1 contract

Samples: Agreement of Merger (Verticalnet Inc)

Other Remedies; Specific Performance. Except as otherwise provided hereinprovided, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred herebyconferred, or by Law law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties agree that irreparable damage could would occur in the event that any provision of the terms of this Agreement is were not performed in accordance with its specific terms or is were otherwise breached. It is accordingly agreed that the parties may hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States federal or any state court having jurisdiction, this being in addition to any other remedy to which they are entitled at Law law or in equity.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Cidco Inc)

Other Remedies; Specific Performance. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage could would occur in the event that any provision the provisions of this Agreement is were not performed in accordance with its their specific terms or is were otherwise breached. It is accordingly agreed that the parties may shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States federal or any state court having jurisdiction, without posting any bond or other undertaking, this being in addition to any other remedy to which they are entitled at Law law or in equity.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Emdeon Inc.)

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Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by Law law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy. The parties Parties hereto agree that irreparable damage could may occur in the event that any provision of the provisions of this Agreement is were not performed in accordance with its their specific terms or is were otherwise breached. It is accordingly agreed that the parties Parties may be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any United States federal or state court having jurisdictiona US court, this being in addition to any other remedy to which they are entitled at Law law or in equity.

Appears in 1 contract

Samples: Agreement (Global Warming Solutions, Inc.)

Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage could would occur in the event that any provision of the provisions of this Agreement is were not performed in accordance with its their specific terms or is were otherwise breached. It is accordingly agreed that the parties may shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any United States federal or state court having jurisdictionhereof, this being in addition to any other remedy to which they are entitled at Law law or in equity.

Appears in 1 contract

Samples: Agreement of Merger (Paradigm Geophysical LTD)

Other Remedies; Specific Performance. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy. The parties Parties agree that irreparable damage could would occur in the event that any provision the provisions of this Agreement is were not performed in accordance with its their specific terms or is were otherwise breached. It is accordingly agreed that the parties may Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States federal or any state court having jurisdiction, this being in addition to any other remedy to which they are entitled at Law law or in equity.

Appears in 1 contract

Samples: Purchase Agreement (Mueller Water Products, Inc.)

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