Common use of Remedies in the Event of Breach Clause in Contracts

Remedies in the Event of Breach. The Corporation and the Advisor understand ------------------------------- and agree that any breach or threatened breach by the Corporation or the Advisor of any of the provisions set forth in Section 4 and 5, cannot be remedied solely by the recovery of damages, and in the event of any such breach or threatened breach, the Corporation and the Advisor, as the case may be, shall be entitled to seek injunctive relief, restraining the Advisor or the Corporation, as the case may be, and any business, firm, corporation, individual, or other entity participating in such breach or attempted breach from engaging in any activity which would constitute a breach. The Corporation and the Advisor further agree that any dispute arising under the terms of this Agreement, other than a dispute that would be remedied by injunctive relief, shall be decided in accordance with the then current rules of the American Arbitration Association, and any arbitration award may be entered in a court of competent jurisdiction and enforced as a judgment thereof. Any such arbitration shall be heard at an appropriate location in the City of New York. Nothing herein, however, shall be construed as prohibiting the Corporation or the Advisor from pursuing, in conjunction with an injunction or otherwise, any other remedies available in equity for any such breach or threatened breach, including the recovery of damages.

Remedies in the Event of Breach. The Corporation and the Advisor understand ------------------------------- and agree that any breach or threatened breach by the Corporation or the Advisor of any of the provisions set forth in Section 4 and 5, cannot be remedied solely by the recovery of damages, and in the event of any such breach or threatened breach, the Corporation and the Advisor, as the case may be, shall be entitled to seek injunctive relief, restraining the Advisor or the Corporation, as the case may be, and any business, firm, corporation, individual, or other entity participating in such breach or attempted breach from engaging in any activity which would constitute a breach. The Corporation and the Advisor further agree that any dispute arising under the terms of this Agreement, other than a dispute that would be remedied by injunctive relief, shall be decided in accordance with the then current rules of the American Arbitration AssociationInternational Chamber of Commerce, and any arbitration award may be entered in a court of competent jurisdiction and enforced as a judgment judgement thereof. Any such arbitration shall be heard at an appropriate location in the City of New York. Nothing herein, however, shall be construed as prohibiting the Corporation or the Advisor from pursuing, in conjunction with an injunction or otherwise, any other remedies available in equity for any such breach or threatened breach, including the recovery of damages.

Remedies in the Event of Breach. The Corporation Corporation, the Purchasers and the Advisor CSH understand ------------------------------- and agree that any breach or threatened breach by the Corporation Corporation, the Purchasers or the Advisor CSH of any of the provisions set forth in Section 4 and 5, hereof cannot be remedied solely by the recovery of damages, and in the event of any such breach or threatened breach, the Corporation and Corporation, the AdvisorPurchasers or CSH, as the case may be, shall be entitled to seek injunctive relief, restraining CSH, the Advisor Purchasers or the Corporation, as the case may be, and any business, firm, corporation, individual, corporation individual or other entity participating in such breach or attempted breach breach, from engaging in any activity which would constitute a breach. The Corporation Corporation, the Purchasers and the Advisor CSH further agree that any dispute arising under the terms of this Agreement, other than a dispute that would be remedied by injunctive relief, Agreement shall be decided in accordance with the rules then current rules in effect of the American Arbitration Association, and any arbitration award may be entered in a court of competent jurisdiction and enforced as a judgment thereof. Any such arbitration shall be heard at an appropriate location in the City of New York. Nothing herein, however, shall be construed as (i) prohibiting the Corporation Corporation, the Purchasers or the Advisor CSH from pursuing, in conjunction with an injunction or otherwise, any other remedies available in equity or at law for any such breach or threatened breach, including the recovery of damages; or (ii) limiting the Corporation's remedy against a breaching Purchaser or CSH as set forth in Section 9 below.