Common use of Preservation of Remedies Clause in Contracts

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of this 29th day of March, 2011: /s/ Xxx X. Xxxxxx Xxx X. Xxxxxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE “AGREEMENT”)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. Xxxxxx -------------------------------------------- Xxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of this 29th day of March, 2011the date above written: /s/ Xxx X. Xxxxxx Xxx X. Xxxxxx Xxxxxxx Xxxxxxxx --------------------------- Xxxxxxx Xxxxxxxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE “"AGREEMENT”") OF XXXXXXX XXXXXXXX ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. Xxxxxx ------------------------------------------ Xxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of this 29th day of March, 2011the date above written: /s/ Xxx X. Xxxxxx Xxx X. Xxxxxx Xxxxxxx Xxxxxxx --------------------- Xxxxxxx Xxxxxxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE “"AGREEMENT”") OF XXXXXXX XXXXXXX ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx Jxxxxxx X. Xxxxxx Xxxxxxx ----------------------------------------------- Jxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of this 29th day of March, 2011the date above written: /s/ Xxx Ixx X. Xxxxxx Xxx --------------------- Ixx X. Xxxxxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE “AGREEMENT”)Xxxxxx

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. Xxxxxx ------------------------------------------ Xxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of this 29th day of March, 2011the date above written: /s/ Xxxxx X. Xxx ---------------------- Xxxxx X. Xxxxxx Xxx X. Xxxxxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE “"AGREEMENT”") OF XXXXX X. XXX ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxxx Title: Chairman of the Board of Directors Agreed as of March 29, 2011: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of this 29th day of March, 2011: /s/ Xxx X. Xxxxxx Xxx X. Xxxxxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE “AGREEMENT”) OF XXXXXXX X. XXXXXX (“EXECUTIVE”) (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)

Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx Title: President & and Chief Executive Officer Agreed as of this 29th day of March, 2011the date above written: /s/ Xxx X. Xxxxxx Xxx X. Xxxxxx Xxxx Xxxxxxxxx Xxxx Xxxxxxxxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE “AGREEMENT”) OF XXXX XXXXXXXXX (“EXECUTIVE”) (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)