Specific Performance and Waiver of Rescission Rights. Each party's obligation under this Agreement is unique. If any party should default in its obligations under this Agreement, the parties each acknowledge that it would be extremely impracticable to measure the resulting damages; accordingly, the nondefaulting party, in addition to any other available rights or remedies, may xxx in equity for specific performance, and the parties each expressly waive the defense that a remedy in damages will be adequate. Notwithstanding any breach or default by any of the parties of any of their respective representations, warranties, covenants, or agreements under this Agreement, if the purchase and sale contemplated by it shall be consummated at the Closing, each of the parties waives any rights that it, he or she, may have to rescind this Agreement or the transaction consummated by it; provided, however, this waiver shall not affect any other rights or remedies available to the parties under this Agreement or under the law.
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Samples: Agreement of Purchase and Sale of Assets (Pacific Biometrics Inc)
Specific Performance and Waiver of Rescission Rights. Each party's obligation under this Agreement is unique. If any party should default in its obligations under this Agreement, the parties each acknowledge that it would be extremely impracticable to measure the resulting damages; accordingly. Accordingly, the nondefaulting non-defaulting party, in addition to any other available rights or remedies, may xxx in equity for specific performance, and the parties each expressly waive the defense that a remedy in damages will be adequate. Notwithstanding any breach or default by any of the parties of any of their respective representations, warranties, covenants, or agreements under this Agreement, if the purchase and sale contemplated by it shall be consummated at the Closing, each of the parties waives any rights that it, he or she, may have to rescind this Agreement or the transaction consummated by it; provided, however, this waiver shall not affect any other rights or remedies available to the parties under this Agreement or under the law.
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Samples: Agreement of Purchase and Sale of Stock (R F Industries LTD)
Specific Performance and Waiver of Rescission Rights. Each party's obligation under this Agreement is unique. If any my party should default in its obligations under this Agreementagreement, the parties each acknowledge that it would be extremely impracticable to measure the resulting damages; accordingly, the nondefaulting partyparty or parties, in addition to any other available rights or remedies, may xxx in equity for specific performance, and the parties each expressly waive the defense that a remedy in damages will be adequate. Notwithstanding Despite any breach or default by any of the parties of any of their respective representations, warranties, covenants, or agreements under this Agreement, if the purchase and sale contemplated by it shall will be consummated at the Closing, each of the parties waives any rights that it, he or she, they may have to rescind this Agreement or the transaction consummated by it; provided, however, it provided that this waiver shall will not affect any other rights or remedies available to the parties under this Agreement or under the law.
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Specific Performance and Waiver of Rescission Rights. Each party's obligation under this Agreement agreement is unique. If any party should default in its obligations under this Agreementagreement, the parties each acknowledge that it would be extremely impracticable to measure the resulting damages; accordingly, the nondefaulting partyparty or parties, in addition to any other available rights or remedies, may xxx in sue xx equity for specific performance, and the parties each expressly waive the defense that a remedy in damages will be adequate. Notwithstanding any breach or default by any of the parties of any of their respective representations, warranties, covenants, or agreements under this Agreementagreement, if the purchase and sale contemplated by it shall be consummated at the Closing, each of the parties waives any rights that it, he it or she, they may have to rescind this Agreement agreement or the transaction consummated by it; provided, however, that this waiver shall not affect any other rights or remedies available to the parties under this Agreement agreement or under the law.
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Specific Performance and Waiver of Rescission Rights. Each party's obligation under to this Agreement is unique. If any party should default in its obligations under this Agreement, the parties each acknowledge that it would be extremely impracticable to measure the resulting damages; accordingly, the nondefaulting partyparty or parties, in addition to any other available rights or remedies, may xxx in equity for specific performance, and the parties each expressly waive the defense that a remedy in and damages will be adequate. Notwithstanding any breach or default by any of the parties of by any of their respective representations, warranties, covenants, covenants or agreements under this Agreement, Agreement if the purchase and sale contemplated by it shall be consummated at the after Closing, each of the parties waives any of rights that it, he it or she, they may have to rescind this Agreement or the transaction consummated by it; provided, however, that this waiver shall not affect any other rights or remedies available to the parties under this Agreement or under the law.
Appears in 1 contract
Samples: Agreement of Purchase and Sale of Assets (National Technical Systems Inc /Ca/)
Specific Performance and Waiver of Rescission Rights. Each partyParty's obligation under this Agreement is unique. If any party Party should default in its obligations under this Agreement, the parties Parties each acknowledge that it would be extremely impracticable to measure the resulting damages; accordingly, the nondefaulting partyParty or Parties, in addition to any other available rights or remedies, may xxx in sue xx equity for specific performance, and the parties Parties each expressly waive the defense that a remedy in damages will be adequate. Notwithstanding Despite any breach or default by any of the parties Parties of any of their respective representations, warranties, covenants, or agreements under this Agreement, if the purchase and sale contemplated by it shall be consummated at the Closinghas been consummated, each of the parties Parties waives any rights that it, he or she, they may have to rescind this Agreement or the transaction consummated by it; provided, however, it provided that this waiver shall will not affect any other rights or remedies available to the parties under this Agreement or under the law.
Appears in 1 contract
Samples: Purchase Agreement and Escrow Instructions (Lyon William)
Specific Performance and Waiver of Rescission Rights. Each party's ’s obligation under to this Agreement is unique. If any party should default in its obligations under this Agreement, the parties each acknowledge that it would be extremely impracticable impracticable to measure the resulting damages; accordingly, the nondefaulting partynon-defaulting party or parties, in addition to any other available rights or remedies, may xxx in equity for specific performance, and the parties each expressly waive the defense that a remedy in and damages will be adequate. Notwithstanding any breach or default by any of the parties of by any of their respective representations, warranties, covenants, covenants or agreements under this Agreement, Agreement if the purchase and sale contemplated by it shall be consummated at the after Closing, each of the parties waives any of rights that it, he it or she, they may have to rescind this Agreement or the transaction consummated by it; provided, however, that this waiver shall not affect any other rights or remedies available to the parties under this Agreement or under the law.
Appears in 1 contract
Samples: Agreement of Purchase and Sale of Stock (National Technical Systems Inc /Ca/)
Specific Performance and Waiver of Rescission Rights. Each party's obligation under this Agreement agreement is unique. If any party should default in its obligations under this Agreementagreement, the parties each acknowledge that it would be extremely impracticable a simple matter to measure the resulting damages; accordingly, the nondefaulting partynon defaulting party or parties, in addition to any other available rights or remedies, may xxx not sue in equity for specific performanceperformaxxx, and the parties each expressly waive affirm the defense that a remedy in damages will be adequate. Notwithstanding any breach or default by any of the parties of any of their respective representations, warranties, covenants, or agreements under this Agreementagreement, if the purchase and sale contemplated by it shall be consummated at the Closing, each of the parties waives any rights that it, he it or she, they may have to rescind this Agreement agreement or the transaction consummated by it; provided, however, that this waiver shall not affect any other rights or remedies available to the parties under this Agreement agreement or under the law.
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