Common use of Specific Performance; Remedies Clause in Contracts

Specific Performance; Remedies. Each party acknowledges and agrees that the other party would be damaged irreparably if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action or proceeding instituted in any court having jurisdiction over the parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity. Except as expressly provided for herein, the rights, obligations and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remedies.

Appears in 34 contracts

Samples: Indemnification Agreement (Expro Group Holdings N.V.), Indemnification Agreement (Frank's International N.V.), Indemnification Agreement (Frank's International N.V.)

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Specific Performance; Remedies. Each party acknowledges and agrees that the other party parties would be damaged irreparably if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action or proceeding instituted in any court of the United States or any state thereof having jurisdiction over the parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity. Except as expressly provided for herein, the rights, obligations and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remedies.

Appears in 18 contracts

Samples: Voting Agreement (Tellurian Inc. /De/), Voting Agreement (Tellurian Inc. /De/), Sale Rights Agreement (Quepasa Corp)

Specific Performance; Remedies. Each party acknowledges and Party agrees that the other party Party would be damaged irreparably if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties Parties will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action or proceeding instituted in any court of the United States or any state thereof having jurisdiction over the parties Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity. Except as expressly provided for herein, the rights, obligations and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remedies.

Appears in 12 contracts

Samples: Registration Rights Agreement (Daystar Technologies Inc), Registration Rights Agreement (Daystar Technologies Inc), Registration Rights Agreement (Daystar Technologies Inc)

Specific Performance; Remedies. Each party acknowledges and agrees that the other party would be damaged irreparably if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action or proceeding instituted in any court having jurisdiction over the parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity. Except as expressly provided for herein, the rights, obligations and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remedies.

Appears in 10 contracts

Samples: Letter Agreement (Astrea Acquisition Corp.), Preferred Stock Repurchase Agreement (Coty Inc.), Stock Purchase Agreement (Firebird Management LLC)

Specific Performance; Remedies. Each party acknowledges and agrees that the other party parties would be damaged irreparably and would not have an adequate remedy at Law if any provision of this Agreement were is not performed in accordance with its specific terms or were is otherwise breached. Accordingly, the parties in addition to any other remedy to which it may be entitled at Law or in equity, each party will be entitled to an injunction or injunctions to prevent breaches or threatened breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action provisions, without bond or proceeding instituted in any court having jurisdiction over the parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equitysecurity being required. Except as expressly provided for herein, the rights, obligations rights and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or rights and remedies otherwise available at law Law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remediesremedies or a waiver of the right to pursue any other right or remedy to which such party may be entitled.

Appears in 6 contracts

Samples: Stockholder Agreement, Stockholder Agreement (EVERTEC, Inc.), Stockholder Agreement (Popular Inc)

Specific Performance; Remedies. Each party acknowledges and agrees that the other party would be damaged irreparably if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action or proceeding instituted in any court having jurisdiction over the parties and the matterprovisions, in addition to any other remedy to which they may be entitled, at law or in equity. Except as expressly provided for herein, the rights, obligations and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remedies.

Appears in 4 contracts

Samples: Indemnification Agreement (Mannatech Inc), Form of Indemnification Agreement (American Physicians Service Group Inc), Indemnification Agreement (Mannatech Inc)

Specific Performance; Remedies. Each party acknowledges and agrees that the other party would be damaged irreparably if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action or proceeding instituted in any court having jurisdiction over the parties and Court of Chancery of the matterState of Delaware, in addition to any other remedy to which they may be entitled, at law or in equity. Except as expressly provided for herein, the rights, obligations and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remedies.

Appears in 3 contracts

Samples: Indemnification Agreement (Stardust Power Inc.), Indemnification Agreement (Global Partner Acquisition Corp II), Indemnification Agreement (Tidewater Inc)

Specific Performance; Remedies. Each party Party acknowledges and agrees that the other party Parties would be damaged irreparably and would not have an adequate remedy at law if any provision of this Agreement were is not performed in accordance with its specific terms or were is otherwise breached. Accordingly, the parties in addition to any other remedy to which it may be entitled at law or in equity, each Party will be entitled to an injunction or injunctions to prevent breaches or threatened breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action provisions, without bond or proceeding instituted in any court having jurisdiction over the parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equitysecurity being required. Except as expressly provided for herein, the rights, obligations rights and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or rights and remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remediesremedies or a waiver of the right to pursue any other right or remedy to which such party may be entitled.

Appears in 2 contracts

Samples: Inter Borrower Agreement (Red Mountain Resources, Inc.), Inter Borrower Agreement (Cross Border Resources, Inc.)

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Specific Performance; Remedies. Each party acknowledges and agrees that the other party would be damaged irreparably if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action or proceeding instituted in any court having jurisdiction over the parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity. Except as expressly provided for herein, the rights, obligations and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remedies.

Appears in 2 contracts

Samples: Form of Indemnification Agreement (LyondellBasell Industries N.V.), Indemnification Agreement (LyondellBasell Industries N.V.)

Specific Performance; Remedies. Each party acknowledges and agrees that the other party would parties may be damaged irreparably and would not have an adequate remedy at law if any provision of this Agreement were is not performed in accordance with its specific terms or were is otherwise breached. Accordingly, the parties in addition to any other remedy to which it may be entitled at law or in equity, each party will be entitled to an injunction or injunctions to prevent breaches or threatened breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action provisions, without bond or proceeding instituted in any court having jurisdiction over the parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equitysecurity being required. Except as expressly provided for herein, the rights, obligations rights and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or rights and remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remediesremedies or a waiver of the right to pursue any other right or remedy to which such party may be entitled.

Appears in 1 contract

Samples: Stockholder Agreement (Affinion Group Holdings, Inc.)

Specific Performance; Remedies. Each party hereto acknowledges and agrees that the other party would be damaged irreparably if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties hereto will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action or proceeding instituted in any court having jurisdiction over the parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity. Except as expressly provided for herein, the rights, obligations and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remedies.

Appears in 1 contract

Samples: Stock Purchase Agreement (Industrial Logistics Properties Trust)

Specific Performance; Remedies. Each party acknowledges and agrees that the other party parties would be damaged irreparably if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action or proceeding instituted in any court having jurisdiction over the parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity. Except as expressly provided for herein, the rights, obligations and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remedies.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Ami Celebrity Publications, LLC)

Specific Performance; Remedies. Each party acknowledges and agrees that the other party would be damaged irreparably if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and its provisions in any action or proceeding instituted in any court having jurisdiction over the parties and courts of the matterCayman Islands, in addition to any other remedy to which they may be entitled, at law or in equity. Except as expressly provided for herein, the rights, obligations and remedies created by this Agreement are cumulative and in addition to any other rights, obligations or remedies otherwise available at law or in equity. Except as expressly provided herein, nothing herein will be considered an election of remedies.

Appears in 1 contract

Samples: Indemnification Agreement (Aeries Technology, Inc.)

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