Specific Performance and Injunction. The Receiving Party agrees that money damages would not be a sufficient remedy for any breach of this Agreement by the Receiving Party or its officers, directors or employees, and that in addition to all other remedies, the Disclosing Party shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach.
Specific Performance and Injunction. The parties acknowledge that if either party fails, or threatens to fail, to comply with its obligations under Article VII or Article VIII of this Agreement, the other party may suffer irreparable harm for which there may be no adequate remedy at law. Accordingly, if either party fails to comply with such obligations, then, in addition to its other remedies, the other party will be entitled immediately to injunctive relief or any other appropriate equitable remedy.
Specific Performance and Injunction. The Parties agree that irreparable damage will occur in the event that the provisions of Article VIII are not specifically enforced. In the event of a breach or threatened breach of any such provisions, CDS agrees that GEN-PROBE shall, in addition to all other remedies, be entitled to temporary or permanent injunction, without showing any actual damage or that monetary damages would not provide an adequate remedy and without the necessity of posting any bond, and/or a decree for specific performance, in accordance with the provisions hereof.
Specific Performance and Injunction. The parties recognize that the failure to perform any of the obligations herein would cause irreparable harm to Company for which remedies at law would be inadequate. Therefore, it is agreed that in the event of breach or threatened breach by Stockholder, Company shall be entitled to obtain specific enforcement of any and all obligations herein and Stockholder specifically waives the defense that an adequate remedy exists at law. Company shall be entitled to also pursue any other remedies, including recovery of damages from Stockholder, for such breach or threatened breach.
Specific Performance and Injunction. The Parties agree that irreparable damage will occur in the event that the provisions of Article VI are not specifically enforced. In the event of a breach or threatened breach of any such provisions, SPECIALTY agrees that GEN-PROBE shall, in addition to all other remedies, be entitled to temporary or permanent injunction, without showing any actual damage or that monetary damages would not provide an adequate remedy and without the necessity of posting any bond, and/or a decree for specific performance, in accordance with the provisions hereof.
Specific Performance and Injunction. The Parties agree that irreparable harm would occur for which money damages would not be an adequate remedy at Law if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. The Parties accordingly agree that the Parties shall be entitled to seek equitable remedies including, but not limited to, specific performance and injunction to prevent breaches or threatened breaches of this Agreement, without being required to show irreparable harm or to provide any security therefor, in addition to any other remedy to which the Party may be entitled at law or in equity.
Specific Performance and Injunction. The rights and remedies entitled by either party under this Deed are cumulative and not exclusive of any rights or remedies provided by law including, without limitation, all equitable remedies available, and in the event of default by one party, the other party shall be entitled to seek specific performance of this Deed or as the case may be, injunction relief, in addition to or in lieu of damages.
Specific Performance and Injunction. The parties acknowledge that if either party fails to comply, or threatens to fail to comply, with its obligations under Article 8 or Article 9 of this Agreement, or with the representations and covenants provided in Sections 10.1(j), 10.1(l), 10.1(m), 10.2(g), 10.2(m), 10.2(n), or 10.2(o), the other party may suffer irreparable harm for which there may be no adequate remedy at law. Accordingly, if either party fails to comply with such obligations, then, in addition to its other remedies, the other party will be entitled immediately to injunctive relief or any other appropriate equitable remedy.
Specific Performance and Injunction. Golden Minerals specifically acknowledges that its obligations under this Article V are an integral part of the transactions contemplated by this Agreement. Golden Minerals, therefore, specifically acknowledges and agrees that the breach of any of the terms of this Article V by it may cause Seller irreparable harm which may not be compensable in damages. Golden Minerals further acknowledges and agrees that it is essential to the effective enforcement of this Agreement that Seller be entitled to pursue equitable remedies including, but not limited to, specific performance and injunction.
Specific Performance and Injunction. Grower agrees that it would be difficult to measure damages to Winery from any breach by Grower of Section 3 hereof or any breach of Grower's delivery obligations under this Agreement, that injury to Winery from any such breach would be incalculable and irremediable, and that money damages therefore would be an inadequate remedy. Accordingly, Grower agrees that, anything to the contrary herein notwithstanding, in lieu of the arbitration provided for in Section 17.10, if Grower shall breach Section 3 or Grower's delivery obligations under this Agreement, Winery shall be entitled, in addition to all other remedies it may have hereunder or at law, to specific performance of the breached terms hereof and/or to a preliminary and permanent injunction to restrain violation thereof by Grower, without showing or proving any actual damage sustained by Winery and without Winery's posting of any bond.
