Common use of Remedies; Specific Performance Clause in Contracts

Remedies; Specific Performance. In the event that any Party shall fail or refuse to consummate the Contemplated Transactions or if any default under or breach of any representation, warranty, covenant or condition of this Agreement on the part of any Party (the “Defaulting Party”) shall have occurred that results in the failure to consummate the Contemplated Transactions, then in addition to the other remedies provided herein, the non-defaulting Party (the “Non-Defaulting Party”) shall be entitled to seek and obtain money damages from the Defaulting Party, or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that the Non-Defaulting Party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.

Remedies; Specific Performance. In the event that any Party shall fail or refuse to consummate the Contemplated Transactions or if any default under or breach beach of any representation, warranty, covenant or condition of this Agreement on the part of any Party (the “Defaulting Party”) shall have occurred that results in the failure to consummate the Contemplated Transactions, then in addition to the other remedies provided herein, the non-defaulting Party (the “Non-Defaulting Party”) shall be entitled to seek and obtain money damages from the Defaulting Party, or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that the Non-Defaulting Party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.

Remedies; Specific Performance. In the event that any Party party shall fail or refuse to consummate the Contemplated Transactions or if any default under or breach beach of any representation, warranty, covenant or condition of this Agreement on the part of any Party party (the “"Defaulting Party”") shall have occurred that results in the failure to consummate the Contemplated Transactions, then in addition to the other remedies provided herein, the non-defaulting Party party (the “"Non-Defaulting Party”") shall be entitled to seek and obtain money damages from the Defaulting Party, or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that the Non-Defaulting Party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s 's failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ ' fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.

Remedies; Specific Performance. In the event that any Party shall fail or refuse to consummate the Contemplated Transactions or if any default under or breach beach of any representation, warranty, covenant or condition of this Agreement on the part of any Party (the “"Defaulting Party”") shall have occurred that results in the failure to consummate the Contemplated Transactions, then in addition to the other remedies provided herein, the non-defaulting Party (the “"Non-Defaulting Party”") shall be entitled to seek and obtain money damages from the Defaulting Party, or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that the Non-Defaulting Party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s 's failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ ' fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.

Remedies; Specific Performance. In the event that any Party shall fail or refuse to consummate the Contemplated Transactions Transaction, or if any default under or breach of any representation, warranty, covenant or condition of this Agreement on the part of any Party (the “Defaulting Party”) shall have occurred that results in the failure to consummate the Contemplated TransactionsTransaction, then in addition to the other remedies provided herein, the non-defaulting Party (the “Non-Defaulting Party”) shall be entitled to seek and obtain money damages from the Defaulting Party, or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that the Non-Defaulting Party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.

Remedies; Specific Performance. In the event that any Party party shall fail or refuse to consummate the Contemplated Transactions transactions contemplated by this Agreement or if any default under or breach beach of any representation, warranty, covenant or condition of this Agreement on the part of any Party party (the “"Defaulting Party”") shall have occurred that results in the failure to consummate the Contemplated Transactionstransactions contemplated hereby, then in addition to the other remedies provided herein, the non-defaulting Party party (the “"Non-Defaulting Party”") shall be entitled to seek and obtain money damages from the Defaulting Party, Party or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that that, the Non-Defaulting Party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s 's failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ ' fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.

Remedies; Specific Performance. In the event that any Party party shall fail ------------------------------- or refuse to consummate the Contemplated Transactions Merger or if any default under or breach beach of any representation, warranty, covenant or condition of this Agreement on the part of any Party party (the “"Defaulting Party”") shall have occurred that results in the failure to consummate the Contemplated TransactionsMerger, then in addition to the other remedies provided herein, the non-defaulting Party party (the “"Non-Defaulting Party”") shall be entitled to seek and obtain money damages from the Defaulting Party, or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that the Non-Defaulting Party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s 's failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ ' fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.

Remedies; Specific Performance. In the event that any Party party shall fail or refuse to consummate the Contemplated Transactions transactions contemplated by this Agreement or if any default under or breach of any representation, warranty, covenant or condition of this Agreement on the part of any Party party (the “"Defaulting Party”") shall have occurred that results in the failure to consummate the Contemplated Transactionstransactions contemplated hereby, then in addition to the other remedies provided herein, the non-defaulting Party party (the “"Non-Defaulting Party”") shall be entitled to seek and obtain money damages from the Defaulting Party, or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that that, the Non-Defaulting Party party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s 's failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ ' fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.

Remedies; Specific Performance. In the event that any Party shall fail or refuse to consummate the Contemplated Transactions transactions contemplated by this Agreement or if any default under or breach beach of any representation, warranty, covenant or condition of this Agreement on the part of any Party party (the “Defaulting Party”) shall have occurred that results in the failure to consummate the Contemplated TransactionsMerger, then in addition to the other remedies provided herein, the non-defaulting Party party (the “Non-Defaulting Party”) shall be entitled to seek and obtain money damages from the Defaulting Party, or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that the Non-Defaulting Party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.

Remedies; Specific Performance. In the event that any Party shall fail or refuse to consummate the Contemplated Transactions or if any default under or breach beach of any representation, warranty, covenant or condition of this Agreement on the part of any Party (the “Defaulting Party”) shall have occurred that results in the failure to consummate the Contemplated Transactions, then in addition to the other remedies provided herein, the non-defaulting Party (the “Non-Defaulting Party”) shall be entitled to seek and obtain money damages from the Defaulting Party, or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that the Non-Defaulting Party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.. ARTICLE IX MISCELLANEOUS 9.1

Remedies; Specific Performance. In the event that any Party party shall fail or refuse to consummate the Contemplated Transactions or if any default under or breach of any representation, warranty, covenant or condition of this Agreement on the part of any Party party (the “Defaulting Party”) shall have occurred that results in the failure to consummate the Contemplated Transactions, then in addition to the other remedies provided herein, the non-defaulting Party party (the “Non-Defaulting Party”) shall be entitled to seek and obtain money damages from the Defaulting Party, or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that the Non-Defaulting Party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.

Remedies; Specific Performance. In the event that any Party shall fail or refuse to consummate the Contemplated Transactions or if any default under or breach beach of any representation, warranty, covenant or condition of this Agreement on the part of any Party (the “'Defaulting Party”') shall have occurred that results in the failure to consummate the Contemplated Transactions, then in addition to the other remedies provided herein, the non-defaulting Party (the “'Non-Defaulting Party”') shall be entitled to seek and obtain money damages from the Defaulting Party, or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that the Non-Defaulting Party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.

Remedies; Specific Performance. In the event that any Party party shall fail or refuse to consummate the Contemplated Transactions transactions contemplated by this Agreement or if any default under or breach beach of any representation, warranty, covenant or condition of this Agreement on the part of any Party party (the “"Defaulting Party”") shall have occurred that results in the failure to consummate the Contemplated Transactionstransactions contemplated hereby, then in addition to the other remedies provided herein, the non-defaulting Party party (the “"Non-Defaulting Party”") shall be entitled to seek and obtain money damages from the Defaulting Party, Party or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that that, the Non-Defaulting Party party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s 's failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ ' fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.

Remedies; Specific Performance. In the event that any Party party shall fail or refuse to consummate the Contemplated Transactions transactions contemplated by this Agreement or if any default under or breach beach of any representation, warranty, covenant or condition of this Agreement on the part of any Party party (the “"Defaulting Party”") shall have occurred that results in the failure to consummate the Contemplated Transactionstransactions contemplated hereby, then in addition to the other remedies provided herein, the non-defaulting Party party (the “"Non-Defaulting Party”") shall be entitled to seek and obtain money damages from the Defaulting Party, or may seek to obtain an order of specific performance thereof against the Defaulting Party from a court of competent jurisdiction, provided that the Non-Defaulting Party seeking such protection must file its request with such court within forty-five (45) days after it becomes aware of the Defaulting Party’s 's failure, refusal, default or breach. In addition, the Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys’ ' fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder.