Common use of Special Remedies and Enforcement Clause in Contracts

Special Remedies and Enforcement. Buyer and Seller recognize and agree that a breach by the other of them of any of the covenants set forth in Sections 5.1(a), (b) or (d) could cause irreparable harm, that remedies at law in the event of such breach would be inadequate, and that, accordingly, in the event of such breach a restraining order or injunction or both may be issued against the other party, in addition to any other rights and remedies which are available. If either of Sections 5.1(a), (b) or (d) is more restrictive than permitted by the Laws of the jurisdiction in which enforcement thereof is sought, such Sections shall be limited to the extent required to permit enforcement under such Laws. Without limiting the generality of the foregoing, the parties intend that the covenants contained in Sections 5.1(a), (b) and (d) shall be construed as a series of separate covenants, one for each state or jurisdiction referred to therein. Except for geographic coverage, each such separate covenant shall be deemed identical in terms. If, in any judicial proceeding, a court shall refuse to enforce any of the separate covenants deemed included in this Section 5.1, then such unenforceable covenant shall be deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforced.

Special Remedies and Enforcement. Buyer and Seller The Sellers recognize and agree that a breach by the other any of them of any of the covenants set forth in Sections 5.1(a)7.1.1, (b) or (d) 7.1.2 and 7.1.3 could cause irreparable harmharm to Purchaser, that remedies at law in the event of such breach would be inadequate, and that, accordingly, in the event of any such breach a restraining order or injunction or both may be issued against the other partythem, in addition to any other rights and remedies which are available. If either any provision of Sections 5.1(a)7.1.1, (b) 7.1.2 or (d) 7.1.3 is more restrictive than permitted by the Laws of the jurisdiction in which enforcement thereof is sought, such Sections provision shall be limited to the extent required to permit enforcement under such Laws. Without limiting the generality of the foregoing, the parties intend that the covenants contained in Sections 5.1(a)7.1.1, (b) 7.1.2 and (d) 7.1.3 shall be construed as a series of separate covenants, one for each state or jurisdiction referred to therein. Except for geographic coverage, each such separate covenant shall be deemed identical in terms. If, in any judicial proceeding, a court shall refuse to enforce any of the separate covenants deemed included in this this Section 5.1, 7.1 then such unenforceable covenant shall be deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforced.

Special Remedies and Enforcement. Buyer Each of Omni and Seller recognize the Shareholder recognizes and agree agrees that a breach by the other of them it of any of the covenants set forth in Sections 5.1(a), (b) or (d) this Section 6.1 could cause irreparable harmharm to Buyer, that Buyer's remedies at law in the event of such breach would be inadequate, and that, accordingly, in the event of such breach a restraining order or injunction or both may be issued against breaching Omni and/or the other partyShareholder, in addition to any other rights and remedies which are availableavailable to Buyer. If either of Sections 5.1(a), (b) or (d) this Section 6.1 is more restrictive than permitted by the Laws of the jurisdiction in which Buyer seeks enforcement thereof is soughthereof, such Sections this Section 6.1 shall be limited to the extent required to permit enforcement under such Laws. Without limiting the generality of the foregoing, the parties Parties intend that the covenants contained in Sections 5.1(a), (b) and (d) the preceding portions of this Section 6.1 shall be construed as a series of separate covenants, one for each county, state and city or jurisdiction referred to thereinother location specified. Except for geographic coverage, each such separate covenant shall be deemed identical in terms. If, in any judicial proceeding, a court shall refuse to enforce any of the separate covenants deemed included in this Section 5.16.1, then such unenforceable covenant shall be deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforced.

Special Remedies and Enforcement. Buyer Each Stockholder recognizes and Seller recognize and agree agrees that a breach by the other of them such Stockholder of any of the covenants set forth in Sections 5.1(a), (b) or (d) this Section 5.7 could cause irreparable harmharm to U.S. Filter, that U.S. Filter's remedies at law in the event of such breach would be inadequate, and that, accordingly, in the event of such breach a restraining order or injunction or both may be issued against the other partysuch Stockholder, in addition to any other rights and remedies which are availableavailable to U.S. Filter. If either of Sections 5.1(a), (b) or (d) this Section 5.7 is more restrictive than permitted by the Laws of the jurisdiction in which U.S. Filter seeks enforcement thereof is soughthereof, such Sections this Section 5.7 shall be limited to the extent required to permit enforcement under such Laws. Without limiting the generality of the foregoing, the parties intend that the covenants contained in Sections 5.1(a), (b) and (d) the preceding portions of this Section 5.7 shall be construed as a series of separate covenants, one for each state county and city or jurisdiction referred to thereinother location specified. Except for geographic coverage, each such separate covenant shall be deemed identical in terms. If, in any judicial proceeding, a court shall refuse to enforce any of the separate covenants deemed included in this Section 5.15.7, then such unenforceable covenant shall be deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforced.

Special Remedies and Enforcement. Buyer and Seller The Sellers recognize and agree that a breach by the other any of them of any of the covenants set forth in Sections 5.1(a)5.17.1, (b) or (d) 5.17.2 and 5.17.3 could cause irreparable harmharm to Purchaser, that remedies at law in the event of such breach would be inadequate, and that, accordingly, in the event of any such breach a restraining order or injunction or both may be issued against the other partythem, in addition to any other rights and remedies which are available. If either any provision of Sections 5.1(a)5.17.1, (b) 5.17.2 or (d) 5.17.3 is more restrictive than permitted by the Laws of the jurisdiction in which enforcement thereof is sought, such Sections provision shall be limited to the extent required to permit enforcement under such Laws. Without limiting the generality of the foregoing, the parties intend that the covenants contained in Sections 5.1(a)5.17.1, (b) 5.17.2 and (d) 5.17.3 shall be construed as a series of separate covenants, one for each state or jurisdiction referred to therein. Except for geographic coverage, each such separate covenant shall be deemed identical in terms. If, in any judicial proceeding, a court shall refuse to enforce any of the separate covenants deemed included in this Section 5.15.17, then such unenforceable covenant shall be deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforced.