Common use of Special Remedies Clause in Contracts

Special Remedies. Each of the Parties agrees that its failure to comply with the covenants and restrictions set out in section 4.6, Article 6, Article 8 or Article 9 would constitute an injury and cause damage to the other Party impossible to measure monetarily. Therefore, in the event of any such failure, the other Party will, in addition and without prejudice to any other rights and remedies that it may have at law or in equity, be entitled to injunctive relief restraining, enjoining or specifically enforcing the provisions of section 4.6, Article 6, Article 8 or Article 9, as the case may be, and any Party intending to breach or which breaches the provisions of section 4.6, Article 6, Article 8 or Article 9 hereby waives any defence it may have in law to such injunctive or equitable relief.

Appears in 2 contracts

Samples: Property Option Agreement, Property Option Agreement

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Special Remedies. Each of the Parties agrees that its failure to comply with the covenants and restrictions set out in section 4.6Section 4.5, Article 6, Article 8 or Article 9 10 would constitute an injury and cause damage to the other Party impossible to measure monetarily. Therefore, in the event of any such failure, the other Party will, in addition and without prejudice to any other rights and remedies that it may have at law or in equity, be entitled to injunctive relief restraining, enjoining or specifically enforcing the provisions of section 4.6Section 4.5, Article 6, Article 8 or Article 910, as the case may be, and any Party intending to breach or which breaches the provisions of section 4.6Section 4.5, Article 6, Article 8 or Article 9 10 hereby waives any defence it may have at law or in law equity to such injunctive or equitable relief.

Appears in 2 contracts

Samples: Option Agreement (Tournigan Gold Corp), Option Agreement (Tournigan Gold Corp)

Special Remedies. Each of the Parties agrees that its failure to comply with the covenants and restrictions set out in section 4.6Section 4.5, Article 6, Article 8 8, or Article 9 10 would constitute an injury and cause damage to the other Party impossible to measure monetarily. Therefore, in the event of any such failure, the other Party will, in addition and without prejudice to any other rights and remedies that it may have at law or in equity, be entitled to injunctive relief restraining, enjoining or specifically enforcing the provisions of section 4.6Section 4.5, Article 6, Article 8 8, or Article 9, 10 as the case may be, and any Party intending to breach or which breaches the provisions of section 4.6Section 4.5, Article 6, Article 8 8, or Article 9 10 hereby waives any defence it may have at law or in law equity to such injunctive or equitable relief.

Appears in 2 contracts

Samples: Option Agreement (Tournigan Gold Corp), Option Agreement (Tournigan Gold Corp)

Special Remedies. Each Party acknowledges and agrees that: (1) any breach by it of the Parties agrees that its failure to comply with the covenants and restrictions set out in section 4.6, Article 6, Article 8 7 or Article section 9 would constitute an injury and cause damage to the other Party which is impossible to measure monetarily. Therefore, in the event ; (2) monetary damages alone would not be a sufficient remedy for a breach of any such failure, the other Party will, section 7 or section 9; (3) in addition and without prejudice to any other rights and remedies that it remedy which may have at be available in law or in equity, be a Party is entitled to injunctive relief restraininginterim, enjoining interlocutory and permanent injunctions or specifically enforcing the provisions any of them to prevent breach of section 4.6, Article 6, Article 8 7 or Article 9, as the case may be, section 9 and to compel specific performance of any one or more of those sections; and (4) any Party intending to breach or which breaches the provisions of section 4.6, Article 6, Article 8 7 or Article section 9 hereby waives any defence it may have at law, in law equity or under statute to such injunctive or equitable relief.

Appears in 2 contracts

Samples: Option Agreement (Silver Bull Resources, Inc.), Option Agreement (Trilogy Metals Inc.)

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Special Remedies. Each of the Parties agrees that its failure to comply with the covenants and restrictions set out in section 4.6Section 4.5, Article 6, Article 8 or Article 9 10 would constitute an injury and cause damage to the other Party impossible to measure monetarily. Therefore, in the event of any such failure, the other Party will, in addition and without prejudice to any other rights and remedies that it may have at law or in equity, be entitled to injunctive relief restraining, enjoining or specifically enforcing the provisions of section 4.6Section 4.3 or 4.5, Article 6, Article 8 or Article 910, as the case may be, and any Party intending to breach or which breaches the provisions of section 4.6Section 4.3 or 4.5, Article 6, Article 8 or Article 9 10 hereby waives any defence it may have at law or in law equity to such injunctive or equitable relief.

Appears in 1 contract

Samples: Option Agreement (Soltera Mining Corp.)

Special Remedies. (1) Each of the Parties agrees that its failure to comply with the covenants and restrictions set out in section 4.6Article 3, Article 613, and Article 8 or Article 9 would 23 may constitute an injury and cause damage to the other Party impossible to measure monetarily. Therefore, in the event of any such failure, the other Party will, in addition and without prejudice to any other rights and remedies that it may have at law or in equity, be entitled to injunctive relief restraining, enjoining or specifically enforcing the provisions of section 4.6Article 3, Article 613, and/or Article 8 or Article 923, as the case may be, and any Party intending to breach or which breaches the provisions of section 4.6Articles 3, Article 613, and Article 8 or Article 9 23 hereby waives any defence it may have at law or in law equity to such injunctive or equitable relief.

Appears in 1 contract

Samples: Option and Joint Venture Agreement

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