Common use of Seller’s Covenant Regarding Acquired Rights Clause in Contracts

Seller’s Covenant Regarding Acquired Rights. Seller hereby covenants (which covenant shall bind Seller’s successors and assigns) to take all actions, both before and after the Close of Escrow, reasonably required to vest the Acquired Rights in Buyer, including the execution and delivery of any further agreements that may be reasonably required to fulfill such covenant. If Seller (or any successor or assign) breaches or violates the foregoing covenant, Buyer (or any other Property Owner) may pursue all remedies available to Buyer (or such Property Owner), at law or in equity, including, but not limited to, an action in equity or otherwise for specific performance of the foregoing covenant or an injunction against any breach or violation of such covenant. Seller hereby agrees that the covenant contained in this Paragraph 7.1.3 is unique to Seller and that any breach thereof could cause irreparable harm to Buyer (or any other Property Owner). Accordingly, Seller agrees that an injunction is a proper and fair remedy for such a breach.

Appears in 4 contracts

Samples: Agreement of Purchase and Sale (Salesforce Com Inc), Agreement of Purchase and Sale (Salesforce Com Inc), Agreement of Purchase and Sale (Salesforce Com Inc)

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Seller’s Covenant Regarding Acquired Rights. Seller hereby covenants (which covenant shall bind Seller’s successors and assigns) to take all actions, both before and after the Close of Escrow, reasonably required to vest the Acquired Rights in Buyer, including the execution and delivery of any further agreements that may be reasonably required to fulfill such covenant. If Seller (or any successor or assign) breaches or violates the foregoing covenant, Buyer (or any other Property Owner) may pursue all remedies available to Buyer (or such Property Owner), at law or in equity, including, but not limited to, an action in equity or otherwise for specific performance of the foregoing covenant or an injunction against any breach or violation of such covenant. Seller hereby agrees that the covenant contained in this Paragraph 7.1.3 7.1.4 is unique to Seller and that any breach thereof could cause irreparable harm to Buyer (or any other Property Owner). Accordingly, Seller agrees that an injunction is a proper and fair remedy for such a breach.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Salesforce Com Inc), Agreement of Purchase and Sale (Salesforce Com Inc)

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