Common use of Remedies and Breaches Clause in Contracts

Remedies and Breaches. (a) Each of the ConocoPhillips Entities, on the one hand (and for the purposes of this Section 6.4 collectively considered to be a “Party”), and Cenovus, on the other hand, acknowledges and agrees that irreparable injury to the other Party hereto may occur in the event any of the provisions of this Agreement were not performed in accordance with its specific terms or was otherwise breached and that such injury may not be adequately compensable in damages. It is accordingly agreed that each of the ConocoPhillips Entities, on the one hand, and Cenovus, on the other hand, shall, in addition to any other remedy to which they may be entitled at law or in equity, each be entitled to seek specific enforcement of, and injunctive relief to prevent any violation of, the terms hereof and the other Party hereto will not take any action, directly or indirectly, in opposition to the Party seeking relief on the grounds that any other remedy or relief is available at law or in equity. The prevailing Party in any such action shall be entitled to recover legal fees and expenses from the non-prevailing Party.

Appears in 3 contracts

Samples: Investor Agreement (Conocophillips), Investor Agreement (Cenovus Energy Inc.), Agreement (Cenovus Energy Inc.)

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Remedies and Breaches. (a) Each of the ConocoPhillips EntitiesHolders, on the one hand (and for the purposes of this Section 6.4 7.4 collectively considered to be a “Party”), and Cenovusthe Corporation, on the other hand, acknowledges and agrees that irreparable injury to the other Party hereto may occur in the event any of the provisions of this Agreement were are not performed in accordance with its specific terms or was is otherwise breached and that such injury may not be adequately compensable in damages. It is accordingly agreed that each of the ConocoPhillips EntitiesHolders, on the one hand, and Cenovusthe Corporation, on the other hand, shall, in addition to any other remedy to which they may be entitled at law or in equity, each be entitled to seek specific enforcement of, and injunctive relief to prevent any violation of, the terms hereof and the other Party hereto will not take any action, directly or indirectly, in opposition to the Party seeking relief on the grounds that any other remedy or relief is available at law or in equity. The prevailing Party in any such action shall be entitled to recover legal fees and expenses from the non-non- prevailing Party.

Appears in 2 contracts

Samples: Registration Rights Agreement (Conocophillips), Registration Rights Agreement (Cenovus Energy Inc.)

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