Remedies Cumulative. No right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 255 contracts
Samples: Asset Purchase Agreement (Dgse Companies Inc), Stock Purchase Agreement (Medifocus Inc.), Stock Purchase Agreement (Medifocus Inc.)
Remedies Cumulative. No right, remedy or election given by any term of this Agreement shall be deemed exclusive exclusive, but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 78 contracts
Samples: And Restated Merger Agreement (Host America Corp), Agreement (Global Casinos Inc), Merger Agreement (Host America Corp)
Remedies Cumulative. No Except as otherwise provided in ------------------- Section 9.06, no right, remedy or election given by any term of this Agreement shall be deemed exclusive exclusive, but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 15 contracts
Samples: Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp)
Remedies Cumulative. No Except to the extent specifically set forth herein, no right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 14 contracts
Samples: Agreement and Plan of Organization (Vacation Properties International Inc), Agreement and Plan of Organization (Vacation Properties International Inc), Agreement and Plan of Organization (Vacation Properties International Inc)
Remedies Cumulative. No right, remedy or election given by any term ------------------- of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law law, or in equityequity or by contract.
Appears in 13 contracts
Samples: Stock Purchase Agreement (Dovebid Inc), Asset Purchase Agreement (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc)
Remedies Cumulative. No Except as otherwise provided in Section 13.4, no right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Alliance Group Inc), Agreement and Plan of Merger (Alliance Group Inc), Agreement and Plan of Merger (Alliance Group Inc)
Remedies Cumulative. No Except as otherwise provided in Section 9.06, no right, remedy or election given by any term of this Agreement shall be deemed exclusive exclusive, but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 11 contracts
Samples: Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Oei International Inc), Agreement and Plan of Reorganization (Work International Corp)
Remedies Cumulative. No right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and an elections available at law or in equity.
Appears in 8 contracts
Samples: Agreement and Plan of Organization (Healthworld Corp), Healthworld Agreement (Healthworld Corp), Healthworld Agreement (Healthworld Corp)
Remedies Cumulative. No Except as provided in Section 11.4 of this Agreement, no right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 8 contracts
Samples: Agreement and Plan of Organization (Condor Technology GRP), Agreement and Plan of Organization (Condor Technology GRP), Agreement and Plan of Organization (Condor Technology GRP)
Remedies Cumulative. No right, remedy or election given by any term of ------------------- this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 7 contracts
Samples: Asset Purchase Agreement (Dovebid Inc), Agreement and Plan of Contribution (U S a Floral Products Inc), Asset Purchase Agreement (Dovebid Inc)
Remedies Cumulative. No right, remedy remedy, or election given by any term of this Agreement shall be deemed exclusive exclusive, but each shall be cumulative with all other rights, remedies remedies, and elections available at law or in equity.
Appears in 5 contracts
Samples: Share Purchase Agreement (NCR Corp), Share Purchase Agreement (Document Capture Technologies, Inc.), Share Purchase Agreement (United Community Banks Inc)
Remedies Cumulative. No Except as otherwise provided herein, no right, ------------------- remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law law, or in equityequity or by contract. The exercise of any one remedy will not preclude the exercise of other. The parties agree that specific performance is an appropriate remedy for a breach of their respective obligations under this Agreement.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc)
Remedies Cumulative. No right, remedy or election given by any term ------------------- of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 4 contracts
Samples: Assumption Agreement (Halter Marine Group Inc), Asset Purchase Agreement (Dovebid Inc), Agreement and Plan (U S a Floral Products Inc)
Remedies Cumulative. No right, remedy or election given by any term provision of this Agreement shall gives will be deemed exclusive exclusive, but each shall will be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 4 contracts
Samples: Stockholders Agreement (Esenjay Exploration Inc), Stockholders Agreement (Santos Americas & Europe Corp), Agreement (Santos Americas & Europe Corp)
Remedies Cumulative. No right, remedy or election given by any ------------------- term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Verticalnet Inc), Agreement and Plan of Merger (Verticalnet Inc), Agreement and Plan of Contribution (U S a Floral Products Inc)
Remedies Cumulative. No Except as provided in the second sentence of ------------------- Section 8.3(b), no right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law law, or in equityequity or by contract.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc)
Remedies Cumulative. No right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law law, or in equityequity or by contract.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Dovebid Inc), Membership Interest Purchase Agreement (Dovebid Inc)
Remedies Cumulative. No right, remedy or election given by any ------------------- term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law law, or in equityequity or by contract.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Dovebid Inc), Agreement and Plan of Merger (Dovebid Inc)
Remedies Cumulative. No right, remedy right or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Acquisition (Billserv Com Inc), Agreement and Plan of Acquisition (Clearworks Net Inc)
Remedies Cumulative. No right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.. [Signature Pages Immediately Follows]
Appears in 1 contract
Remedies Cumulative. No Except as set forth in Article IX , no right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 1 contract
Samples: Acquisition Agreement (U.S. Auto Parts Network, Inc.)
Remedies Cumulative. No Except as otherwise provided in Section ?, no right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 1 contract
Samples: Agreement and Plan of Exchange (Advanced Communications Group Inc/De/)
Remedies Cumulative. No right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity. The exercise of any remedy shall not preclude the simultaneous or later exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. No right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law Law or in equity.
Appears in 1 contract
Remedies Cumulative. No Except as provided in Section 8.4 of this Agreement, no right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 1 contract
Samples: Stock Purchase Agreement (Condor Technology Solutions Inc)
Remedies Cumulative. No Except as set forth in Article X, no right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 1 contract
Remedies Cumulative. No right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity. 9.9.
Appears in 1 contract
Samples: Asset Purchase Agreement
Remedies Cumulative. No right, right remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 1 contract
Remedies Cumulative. No right, remedy or election given by any term of this Agreement agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 1 contract
Remedies Cumulative. No Except as otherwise provided in Section 13, no right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all other rights, remedies and elections available at law or in equity.
Appears in 1 contract
Samples: Employment Agreement (Advanced Communications Group Inc/De/)
