Common use of Relief Due to Breach Clause in Contracts

Relief Due to Breach. (a) Notwithstanding anything in this Agreement to the contrary and except as provided below, the Company and its Subsidiaries and Acquiror and its Subsidiaries agree that irreparable damage would occur in the event that the provisions of this Agreement were not performed in accordance with its specific terms or was otherwise breached. It is accordingly agreed that each of the Acquiror and the Company shall be entitled to 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 or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. (b) If this Agreement is terminated by reason of a willful breach by the Company or any of its Subsidiaries, then the Company or any of its Subsidiaries shall be liable to the Acquiror for all actual, consequential and incidental damages suffered by the Acquiror arising from such willful breach. (c) If this Agreement is terminated by reason of a willful breach by Acquiror or any of its subsidiaries, then Acquiror shall be liable to the Company for all actual, consequential and incidental damages suffered by the Company arising from such willful breach.

Relief Due to Breach. (a) Notwithstanding anything in this Agreement to the contrary and except as provided below, the Company and its Subsidiaries and Acquiror and its Subsidiaries subsidiaries agree that irreparable damage would occur in the event that the provisions of this Agreement were not performed in accordance with its specific terms or was otherwise breached. It is accordingly agreed that each of the Acquiror and the Company shall be entitled to 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 or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. (b) If this Agreement is terminated by reason of a willful breach by the Company or any of its Subsidiaries, then the Company or any of its Subsidiaries shall be liable to the Acquiror for all actual, consequential and incidental damages suffered by the Acquiror arising from such willful breach. (c) If this Agreement is terminated by reason of a willful breach by the Acquiror or any of its subsidiaries, then Acquiror or its subsidiaries shall be liable to the Company for all actual, consequential and incidental damages suffered by the Company arising from such willful breach.

Relief Due to Breach. (a) Notwithstanding anything in this Agreement to the contrary and except as provided below, the Company and its Subsidiaries and Acquiror and its Subsidiaries agree that irreparable damage would occur in the event that the provisions of this Agreement were not performed in accordance with its specific terms or was otherwise breached. It is accordingly agreed that each of the Acquiror and the Company shall be entitled to 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 or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. (b) If this Agreement is terminated by reason of a willful breach by the Company or any of its SubsidiariesCompany, then the Company or any of its Subsidiaries shall be liable to the Acquiror for all actual, consequential and incidental actual damages suffered by the Acquiror arising from such willful breach. (c) If this Agreement is terminated by reason of a willful breach by Acquiror or any of its subsidiariesAcquiror, then Acquiror shall be liable to the Company for all actual, consequential and incidental actual damages suffered by the Company arising from such willful breach.