Common use of Specific Performance; Remedies Not Exclusive Clause in Contracts

Specific Performance; Remedies Not Exclusive. Each party hereto acknowledges that the other parties shall be irreparably harmed and that there shall be no adequate remedy at law for any violation by any of them of any of the covenants or agreements contained in this Agreement, including, without limitation, the confidentiality obligations set forth in Section 6.1. It is agreed that, in addition to, but not in lieu of, any other remedies which may be available upon the breach of any such covenants or agreements, each party hereto shall have the right to obtain injunctive relief to restrain a breach or threatened breach of, or otherwise to obtain specific performance of, the other parties' covenants and agreements contained in this Agreement. All rights and remedies of the parties under this Agreement shall be cumulative, and the exercise of one or more rights or remedies will not preclude the exercise of any other right or remedy available under this Agreement or applicable law.

Appears in 2 contracts

Samples: Asset Purchase Agreement (TMS Inc /Ok/), Asset Purchase Agreement (TMS Inc /Ok/)

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Specific Performance; Remedies Not Exclusive. Each party hereto acknowledges that the other parties party shall be irreparably harmed and that there shall be no adequate remedy at law for any violation by any of them of any of the covenants or agreements contained in this Agreement. Accordingly, including, without limitation, the confidentiality obligations set forth in Section 6.1. It it is agreed that, in addition to, but not in lieu of, any other remedies which may be available upon the breach of any such covenants or agreements, each party hereto shall have the right to obtain injunctive relief to restrain a breach or threatened breach of, or otherwise to obtain specific performance of, the other parties' covenants and agreements contained in this Agreement. All rights and remedies of the parties under this Agreement shall be cumulative, and the exercise of one or more rights or remedies will not preclude the exercise of any other right or remedy available under this Agreement (including the Exhibits hereto) or applicable law.

Appears in 2 contracts

Samples: Share Acquisition Agreement (Bank7 Corp.), Share Exchange Agreement (Bancfirst Corp /Ok/)

Specific Performance; Remedies Not Exclusive. Each party hereto acknowledges that the other parties shall party would be irreparably harmed and that there shall would be no adequate remedy at law for any violation by any of them of any of the covenants or agreements contained in this Agreement. Accordingly, including, without limitation, the confidentiality obligations set forth in Section 6.1. It it is agreed that, in addition to, but not in lieu of, any other remedies which may be available upon the breach of any such covenants or agreements, each party hereto shall have the right to obtain injunctive relief to restrain a breach or threatened breach of, or otherwise to obtain specific performance of, the other parties' party’s covenants and agreements contained in this Agreement. All rights and remedies of the parties under this Agreement shall be cumulative, and the exercise of one or more rights or remedies will not preclude the exercise of any other right or remedy available under this Agreement (including the Exhibits hereto) or applicable lawLaw.

Appears in 1 contract

Samples: Merger Agreement (Bear State Financial, Inc.)

Specific Performance; Remedies Not Exclusive. Each party Party hereto acknowledges that the other parties Parties shall be irreparably harmed and that there shall be no adequate remedy at law for any violation by any of them of any of the covenants or agreements contained in this Agreement, including, without limitation, the confidentiality obligations set forth in Section 6.1. It is accordingly agreed that, in addition to, but not in lieu of, any other remedies which may be available upon the breach of any such covenants or agreements, each party Party hereto shall have the right to obtain injunctive relief to restrain a breach or threatened breach of, or otherwise to obtain specific performance of, the other partiesParties' covenants and agreements contained in this Agreement. All rights and remedies of the parties Parties under this Agreement shall 42 be cumulative, and the exercise of one or more rights or remedies will not preclude the exercise of any other right or remedy available under this Agreement or applicable law.

Appears in 1 contract

Samples: Stock Subscription Agreement (Macquarie Infrastructure CO LLC)

Specific Performance; Remedies Not Exclusive. Each party hereto Party acknowledges that the other parties Parties shall be irreparably harmed and that there shall be no adequate remedy at law for any violation by any of them of any of the covenants or agreements contained in this Agreement, including, without limitation, the confidentiality obligations set forth in Section 6.1. It is accordingly agreed that, in addition to, but not in lieu of, any other remedies which may be available upon the breach or threatened breach of any such covenants covenant or agreementsagreement, each party hereto Party shall have the right to obtain injunctive relief to restrain a breach or threatened breach of, or otherwise to obtain specific performance of, the other parties' covenants and agreements contained in this Agreementsuch covenant or agreement. All rights and remedies of the parties Parties under this Agreement shall be cumulative, and the exercise of one or more rights or remedies will shall not preclude the exercise of any other right or remedy available under this Agreement or applicable law.

Appears in 1 contract

Samples: Asset Purchase Agreement (AmpliPhi Biosciences Corp)

Specific Performance; Remedies Not Exclusive. Each party hereto acknowledges that the other parties shall party would be irreparably harmed and that there shall would be no adequate remedy at law for any violation by any of them of any of the covenants or agreements contained in this Agreement. Accordingly, including, without limitation, the confidentiality obligations set forth in Section 6.1. It it is agreed that, in addition to, but not in lieu of, any other remedies which may be available upon the breach of any such covenants or agreements, each party hereto shall have the right to obtain injunctive relief to restrain a breach or threatened breach of, or otherwise to obtain specific performance of, the other parties' party’s covenants and agreements contained in this Agreement. All rights and remedies of the parties under this Agreement shall be cumulative, and the exercise of one or more rights or remedies will not preclude the exercise of any other right or remedy available under this Agreement (including the Exhibits hereto) or applicable law.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Southwest Bancorp Inc)

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Specific Performance; Remedies Not Exclusive. Each party hereto Party acknowledges that the other parties Parties shall be irreparably harmed and that there shall be no adequate remedy at law for any violation by any of them of any of the covenants or agreements contained in this Agreement, including, without limitation, the confidentiality obligations set forth in Section 6.1. It is accordingly agreed that, in addition to, but not in lieu of, any other remedies which may be available upon the breach of any such covenants or agreements, each party hereto Party shall have the right to obtain seek injunctive relief to restrain a breach or threatened breach of, or otherwise to obtain specific performance of, the other parties' Parties’ covenants and agreements contained in this Agreement. All rights and remedies of the parties Parties under this Agreement shall be cumulative, and the exercise of one or more rights or remedies will not preclude the exercise of any other right or remedy available under this Agreement or applicable law.

Appears in 1 contract

Samples: Securities Purchase Agreement (United American Healthcare Corp)

Specific Performance; Remedies Not Exclusive. Each party hereto Party acknowledges that the other parties Parties shall be irreparably harmed and that there shall be no adequate remedy at law for any violation by any of them of any of the covenants or agreements contained in this Agreement, including, without limitation, the confidentiality obligations set forth in Section 6.1. It is accordingly agreed that, in addition to, but not in lieu of, any other remedies which may be available upon the breach of any such covenants or agreements, each party hereto Party shall have the right to obtain injunctive relief to restrain a breach or threatened breach of, or otherwise to obtain specific performance of, the other parties' Party's covenants and agreements contained in this Agreement. All rights and remedies of the parties Parties under this Agreement shall be cumulative, and the exercise of one or more rights or remedies will not preclude the exercise of any other right or remedy available under this Agreement or applicable law.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ipix Corp)

Specific Performance; Remedies Not Exclusive. Each party hereto acknowledges that the other parties Parties hereto shall be irreparably harmed and that there shall be no adequate remedy at law for any violation by any of them of any of the covenants or agreements contained in this Agreement, including, without limitation, the confidentiality obligations set forth in Section 6.1. It is accordingly agreed that, in addition to, but not in lieu of, any other remedies which may be available upon the breach of any such covenants or agreements, each party Party hereto shall have the right to obtain injunctive relief during the arbitration process to restrain a breach or threatened breach of, or otherwise to obtain specific performance of, the other partiesParties' covenants and agreements contained in this Agreement. All rights and remedies of the parties Parties under this Agreement shall be cumulative, and the exercise of one or more rights or remedies will not preclude the exercise of any other right or remedy available under this Agreement or applicable law.

Appears in 1 contract

Samples: Shareholders Agreement (Macquarie Infrastructure CO LLC)

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