Common use of Specific Performance; Severability Clause in Contracts

Specific Performance; Severability. a. The Parties hereto acknowledge and agree that irreparable damage would occur in the event any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached and that such damage would not be compensable in money damages and that it would be extremely difficult or impracticable to measure the resultant damages. It is accordingly agreed that any party hereto shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, in addition to any other remedy to which it may be entitled to at law or equity, and such party that is sued for breach of this Agreement expressly waives any defense that a remedy in damages would be adequate and expressly waives any requirement in an action for specific performance for the posting of a bond by the party bringing such action. b. Should any part of this Agreement be declared or held invalid for any reason, such invalidity shall not affect the validity of the remainder of the Agreement, which shall continue in full force and effect. Further, the Parties hereby agree to immediately adopt, in writing, a substitute provision designed to implement the Parties original intent herein, while fully complying with the rule, statutes, or ruling under which the previous provision was stricken or unenforceable.

Specific Performance; Severability. a. The Parties hereto acknowledge CYNT hereby acknowledges and agree agrees that irreparable damage would occur in the event any of the provisions of this Agreement were not performed CYNT in accordance with their specific terms or were otherwise breached and that such damage would not be compensable in money damages and that it would be extremely difficult or impracticable to measure the resultant damages. It is accordingly expressly agreed by CYNT that any party hereto CBI shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, in addition to any other remedy to which it CBI may be entitled to at law or equity, and such party CYNT that is sued pursued for breach of this Agreement expressly waives any defense that a remedy in damages would be adequate and expressly waives any requirement in an action for specific performance for the posting of a bond by CBI, the party bringing such action. b. . Should any part of this Agreement be declared or held invalid for any reason, such invalidity shall not affect the validity of the remainder of the Agreementagreement, which shall continue in full force and effect. Further, the Parties hereby agree to immediately adopt, in writing, a substitute provision designed to implement the Parties original intent herein, while fully complying with the rule, statutesstatute, or ruling under which the previous provision was stricken or unenforceable.