Common use of Specific Performance; Injunction Clause in Contracts

Specific Performance; Injunction. (a) The parties agree that it is impossible to determine the monetary damages which would accrue to the Corporation or any Shareholder or his personal representative by reason of the failure of any Other Shareholder or the Corporation to perform any of his or its obligations under this Agreement requiring the performance of an act other than the payment of money only. Each Shareholder shall be entitled to enforce its rights under this Agreement specifically and to exercise all other rights existing in their favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that each party may in its sole discretion apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive relief (without posting a bond or other security) in order to enforce or prevent any violation of the provisions of this Agreement.

Appears in 3 contracts

Samples: Shareholders Agreement (Worldwide Fiber Inc), Shareholders Agreement (360networks Inc), Shareholders Agreement (Worldwide Fiber Inc)

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Specific Performance; Injunction. (a) The parties agree that it is impossible to determine the monetary damages which that would accrue to the Corporation Company or any Shareholder or his personal representative by reason of the failure of any Other Shareholder or the Corporation Company to perform any of his or its obligations under this Agreement requiring the performance of an act other than the payment of money only. Each Shareholder shall be entitled to enforce its rights under this Agreement specifically and to exercise all other rights existing in their favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that each party may in its sole discretion apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive relief (without posting a bond or other security) in order to enforce or prevent any violation of the provisions of this Agreement.

Appears in 1 contract

Samples: Shareholders' Agreement (Ubiquitel Inc)

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