Remedies and Specific Performance. Executive acknowledges that a breach or threatened breach of any of the restrictions in this Section 7 will result in irreparable and continuing damage to the Protected Parties for which there may be no adequate remedy at law and agrees that the Protected Parties will be entitled to equitable relief, including specific performance and injunctive relief as remedies for the breach or threatened or attempted breach. Executive hereby consents to the grant of an injunction (temporary or otherwise) against Executive or the entry of any other court order against Executive prohibiting and enjoining him from violating, or directing him to comply with this Section 7. These remedies will be in addition to all other remedies, including damages, available to the Protected Parties for a breach or threatened or attempted breach of this Agreement. In addition, without limiting the Protected Parties’ remedies for any breach of any restriction on Executive in this Section 7, except as required by law, Executive will not be entitled to any payments set forth in Section 5.3 if Executive breaches the covenants applicable to Executive contained in this Section 7.
Remedies and Specific Performance. The parties acknowledge that a breach or threatened breach by a party of any of the restrictions in this Section 7 will result in irreparable and continuing damage to the other party for which there may be no adequate remedy at law and agrees that the non-breaching party will be entitled to equitable relief, including specific performance and injunctive relief, as remedies for any breach or threatened breach. The parties hereby consent to the grant of an injunction (temporary or otherwise) against the breaching party or the entry of any other court order against the breaching party prohibiting and enjoining the violation of, or directing compliance with, this Section 7. These remedies will be in addition to all other remedies, including damages, available to the non-breaching party for a breach or threatened breach of this Agreement. In addition, without limiting the remedies for any breach of any restriction on Executive in this Section 7, except as required by law, Executive will not be entitled to any payments set forth in Section 6.1 if Executive breaches the covenants applicable to Executive contained in this Section 7.
Remedies and Specific Performance. The rights and remedies of the Parties under this Agreement are cumulative and are not exclusive of any rights or remedies that the Parties would otherwise have under this Agreement or otherwise. The Shareholder acknowledges that a breach by it of this Agreement would cause Mitel irreparable harm and that money damages are not an adequate remedy for violations of this Agreement and, therefore that Mitel may, in its sole discretion, apply to a court for specific performance, injunctive, or such other relief as such court may deem just and proper in order to enforce this Agreement or prevent any violation thereof, and to the extent permitted by applicable law, the Shareholder waives any objection to the imposition of such relief.
Remedies and Specific Performance. Except as hereafter provided in this section, the rights of indemnity set forth in this Article 6 are the sole and exclusive remedies of each party in respect of any misrepresentation, incorrectness in or breach of any representation and warranty or covenant by any other party under this Agreement and in respect of any G Mining Violation or Xx Xxxxxx Violation. The parties agree that if any of the provisions of this Agreement are not performed in accordance with their specific terms or there is a threatened breach of any provision of this Agreement, the parties shall be entitled to apply to a court of competent jurisdiction for specific performance, injunctive relief or other appropriate remedies to cause there to be compliance with and/ or to prevent a breach of this Agreement.
Remedies and Specific Performance. Except as hereafter in this section provided, the rights of indemnity set forth in this Article 7 are the sole and exclusive remedies of each party in respect of any misrepresentation, incorrectness in or breach of any representation or warranty by any other party under this Agreement and in respect of any Violation. The parties agree that if any of the provisions of this Agreement are not performed in accordance with their specific terms or there is a threatened breach of any provision of this Agreement, the parties shall be entitled to apply to a court of competent jurisdiction for specific performance, injunctive relief or other appropriate remedies to cause there to be compliance with and/or to prevent a breach of this Agreement.
Remedies and Specific Performance. The rights and remedies of the Parties under this Agreement are cumulative and are not exclusive of any rights or remedies that the Parties would otherwise have under this Agreement or otherwise. The Parties agree that a breach by the other party of this Agreement would cause irreparable harm and that money damages may not be an adequate remedy for violations of this Agreement and, therefore that a Party may, in its sole discretion, apply to a court for specific performance, injunctive, or such other relief as such court may deem just and proper in order to enforce this Agreement or prevent any violation thereof.
Remedies and Specific Performance. The covenants and undertakings of the Subject Party contained in this Agreement relate to matters which are of a special, unique and extraordinary character and a violation of any of the terms of this Agreement may cause irreparable injury to the Covered Parties, the amount of which may be impossible to estimate or determine and which cannot be adequately compensated. The Subject Party agrees that, in the event of any breach or threatened breach by the Subject Party of any covenant or obligation contained in this Agreement, the Covered Parties will be entitled to obtain the following remedies (in addition to, and not in lieu of, any other remedy at law or in equity or pursuant to the Business Combination Agreement or the other Ancillary Documents that may be available to the Covered Parties, including monetary damages), and a court of competent jurisdiction may award: (a) an injunction, restraining order or other equitable relief restraining or preventing such breach or threatened breach, without the necessity of proving actual damages or that monetary damages would be insufficient or posting bond or security, which the Subject Party expressly waives; and (b) recovery of the Covered Parties’ attorneys’ fees and costs incurred in enforcing the Covered Parties’ rights under this Agreement to the extent that the Covered Parties prevail. The Subject Party hereby consents to the award of any of the above remedies to the Covered Parties in connection with any such breach or threatened breach. The Subject Party hereby consents to the award of any of the above remedies to the applicable Covered Party in connection with any such breach or threatened breach. The Subject Party hereby acknowledges and agrees that in the event of any breach of this Agreement, any value attributed or allocated to this Agreement (or any other non-competition agreement with the Subject Party) under or in connection with the Business Combination Agreement shall not be considered a measure of, or a limit on, the damages of the Covered Parties.
Remedies and Specific Performance. One or more successive actions may be brought against any Seller, either in the same action or in separate actions, as often as the Purchaser or any of such holders deems advisable, until all of the obligations to such Person are paid and performed in full. Each Party acknowledges and agrees that the other Parties would be damaged irreparably in the event any provision of this Agreement is not performed in accordance with its specific terms or otherwise is breached. Therefore, in addition to the remedies described in Article V and Section 11.16, and any remedies available to it at law or in equity, any Person having any rights under any provision of this Agreement shall be entitled to enforce such rights specifically (without posting a bond or other security) and shall be entitled to injunctive relief to prevent breaches of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof. In particular, the Parties acknowledge that the business of Company is unique and recognize and affirm that in the event Sellers breach this Agreement, money damages would be inadequate and Purchaser would have no adequate remedy at law, so that Purchaser shall have the right, in addition to any other rights and remedies existing in its favor, to enforce its rights and the other Parties’ obligations hereunder not only by action for damages but also by action for specific performance, injunctive, and/or other equitable relief.
Remedies and Specific Performance. Seller acknowledges that a breach of any of its covenants under this Agreement that would constitute a Material Seller Default would result in damages to Buyer that would be extremely impracticable to measure. Accordingly, Seller agrees that, in lieu of termination of this Agreement and (subject to clause (ii) of Paragraph 12.2(c)above) in addition to any other remedies Buyer may have, Buyer may xxx in equity for specific performance of any such covenants in the event of a breach thereof and Seller expressly waives the defense that a remedy in damages will be available.
Remedies and Specific Performance. The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. The parties accordingly agree that, in addition to any other remedy to which they are entitled, the parties are entitled to injunctive relief to prevent breaches of this Agreement and otherwise to enforce specifically the provisions of this Agreement. Each party expressly waives any requirement that any other party obtain any bond or provide any indemnity in connection with any action seeking injunctive relief or specific enforcement of the provisions of this Agreement.
