Remedies of Buyer Parties. The Seller Parties acknowledge and agree that the Assets and the Affiniti Shares are unique and not readily available, and that remedies at law, including monetary damages, will be inadequate in the event of a breach by any of the Seller Parties in the performance of its obligations under this Agreement and the Ancillary Agreements to which any of them are a party. Accordingly, the Seller Parties acknowledge that, in addition to all other remedies to which the Buyer Parties are entitled under Section 9.4 hereof, the Buyer Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and the Ancillary Agreements and to enforce the terms of this Agreement and the Ancillary Agreements by a decree of specific performance pursuant to which the breaching Party is ordered to affirmatively carry out its obligations under this Agreement and the Ancillary Agreements to which it is a party, without proof of actual damages and without any requirement for the securing or posting of any bond. The foregoing shall not be deemed to be or construed as a waiver or election of remedies by the Buyer Parties, and the Buyer Parties expressly reserve any and all rights and remedies available to each of them under this Agreement (including those contained in Section 9.4 hereof), which rights and remedies shall be cumulative and the exercise or enforcement of one or more rights or remedies shall not prejudice or impair the concurrent or subsequent exercise or enforcement of any other rights or remedies available to them. Except as provided in this Section 10.11 (and except for remedies that cannot be waived as a matter of law), the indemnification provisions and procedures contained in Section 9.4 shall constitute the sole and exclusive monetary remedy of the Parties hereto with respect to any Damages resulting from, arising out of or in connection with the failure of any of the representations and warranties contained in this Agreement, the Ancillary Agreements to which any Seller Party is a party (excluding the Employment Agreements), or in any attachment, Exhibit, the Disclosure Schedule, certificate, document or instrument delivered by any Seller Party pursuant hereto, to be true and correct or the breach of any covenants, agreements or undertaking contained in this Agreement, the Ancillary Agreements to which any Seller Party is a party (excluding the Employment Agreements), or in any attachment, Exhibit, the Disclosure Schedule, certificate, ...
