Common use of Right to Injunction; Specific Performance Clause in Contracts

Right to Injunction; Specific Performance. The Parties further acknowledge and agree that POSCO Power will suffer irreparable harm, which is not compensable by monetary damage in the event the FCE Technology has not been fully transferred to POSCO Power at the time of the termination of this Agreement due to a material breach by FCE hereunder. Accordingly, the Parties agree that POSCO Power shall be entitled to an injunction or injunctions to enforce specifically the transfer of the FCE Technology to POSCO Power in accordance with Section 9.3(b)(i) above. The Parties further acknowledge and agree that each Party will suffer irreparable harm, which is not compensable by monetary damage, in the event the other breaches its obligations under Article XI. Accordingly, in the event of a breach by one Party of such obligations, the other shall be entitled to injunction or injunctions to enforce and remedy such breach in addition to all other remedies available at law or in equity.

Appears in 4 contracts

Samples: Stack Technology Transfer and License Agreement (Fuelcell Energy Inc), Stack Technology Transfer and License Agreement (Fuelcell Energy Inc), Stack Technology Transfer and License Agreement (Fuelcell Energy Inc)

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