Common use of Specific Performance Clause in Contracts

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and agrees that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of bond.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of bond.

Specific Performance. Each of the parties hereto party acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could would not be made whole by monetary damages. Each party accordingly agrees to waive the defense in have any action for specific performance that a adequate remedy at law would be adequate and in the event that any of the provisions of this Agreement were not performed by such first party in accordance with their specific terms or were otherwise breached by such first party. Accordingly, each party agrees that the partiesother parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they may be such parties are entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and agrees that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of a bond.

Specific Performance. Each of party agrees with the parties hereto acknowledges and agrees other party that in the event of any breach of this Agreement by any of them, the non-breaching other party would be irreparably harmed and could damaged if any of the provisions of this agreement are not be made whole by monetary damages. Each party accordingly agrees to waive the defense performed in any action for accordance with their specific performance that a remedy at law would be adequate terms and that the partiesmonetary damages would not provide an adequate remedy in such event. Accordingly, in addition to any other remedy to which they the nonbreaching party may be entitled entitled, at law or in equity, the nonbreaching party shall be entitled to compel specific performance injunctive relief to prevent breaches of this Agreementagreement and specifically to enforce the terms and provisions hereof.

Specific Performance. Each of the parties hereto party acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could would not be made whole by monetary damages. Each party accordingly agrees to waive the defense in have any action for specific performance that a adequate remedy at law would be adequate and in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. Accordingly, each party agrees that the partiesother parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they may be such parties are entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (a) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in a court of competent jurisdiction.

Specific Performance. Each of the The parties hereto acknowledges acknowledge and agrees agree that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party parties would be irreparably harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to agreed that the parties hereto shall and do hereby waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesparties hereto, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted hereunder.

Specific Performance. Each of the The parties hereto acknowledges and agrees that agree that, in the event of any breach provision of this Agreement by any of themis not performed in accordance with the terms hereof, (a) the non-breaching party would be irreparably harmed and could will sustain irreparable damages for which there is not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a an adequate remedy at law would for money damages and (b) the parties shall be adequate and that entitled to specific performance of the partiesterms hereof, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and agrees that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel seek specific performance of this AgreementAgreement without the posting of a bond.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of a bond.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of any bond.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching each nonbreaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (a) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with Section 9.9.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (a) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party parties would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly Accordingly, each of the parties hereto agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the other parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled entitled, subject to applicable law, to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto party acknowledges and agrees that in the event of any breach of this Agreement by any of them, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties will (a) waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement in any action instituted in accordance with the provisions of this Agreement.

Specific Performance. Each of The Parties acknowledge and agree (i) that each Party would be irreparably harmed by a breach by the parties hereto acknowledges and agrees that in the event other Party of any breach of their obligations under this Agreement by any of them, and (ii) that there would be no adequate remedy at law or damages to compensate the non-breaching party would be irreparably harmed and could not be made whole by monetary damagesParty for any such breach. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and The Parties agree that the parties, in addition to any other remedy to which they may be entitled at law or in equity, non-breaching Party shall be entitled to compel injunctive relief requiring specific performance by the breaching Party of its obligations under this Agreement, and the Parties hereby consent and agree to the entry of such injunctive relief.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (i) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (ii) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law Law would be adequate and agrees that the parties, in addition to any other remedy to which they may be entitled at law Law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of bond.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party or parties would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance The parties hereby agree that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, they shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in any court of the United States or any state thereof having subject matter jurisdiction for such action.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching each nonbreaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (a) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with Section 4.08 hereof.

Specific Performance. Each of party agrees with the parties hereto acknowledges and agrees other -------------------- party that in the event of any breach of this Agreement by any of them, the non-breaching other party would be irreparably harmed and could damaged if any of the provisions of this agreement are not be made whole by monetary damages. Each party accordingly agrees to waive the defense performed in any action for accordance with their specific performance that a remedy at law would be adequate terms and that the partiesmonetary damages would not provide an adequate remedy in such event. Accordingly, in addition to any other remedy to which they the nonbreaching party may be entitled entitled, at law or in equity, the nonbreaching party shall be entitled to compel specific performance injunctive relief to prevent breaches of this Agreementagreement and specifically to enforce the terms and provisions hereof.

Specific Performance. Each of the parties hereto acknowledges The Parties acknowledge and agrees agree that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party would be irreparably harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive the defense in any action for specific performance agreed that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they a Party may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in any court of competent jurisdiction.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching each nonbreaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (a) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with Section 2.09.

Specific Performance. Each of the The parties hereto acknowledges and agrees that agree that, in the event of any breach provision of this Agreement by any of themis not performed in accordance with the terms hereof, (i) the non-breaching party would be irreparably harmed and could will sustain irreparable damages for which there is not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a an adequate remedy at law would for money damages and (ii) the parties shall be adequate and that entitled to specific performance of the partiesterms hereof, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each The parties acknowledge that given the nature of the obligations of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party would will be irreparably harmed damaged by a breach of this Agreement. The parties hereto therefore acknowledge and could not be made whole by monetary damages. Each agree that any non-breaching party accordingly agrees hereto may seek specific performance of the provisions hereof and that no party hereto may assert adequacy of a remedy at law as a defense to waive the defense in any an action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreementhereunder.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party nonbreaching parties would be irreparably harmed and could not be made whole by monetary damages. Each party of the parties hereto accordingly agrees to waive the defense in any action for injunction or specific performance that a remedy at law would be adequate and that the partiesparties hereto, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to an injunction or to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party would be irreparably harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to agreed that the parties hereto shall waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesparties hereto, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in any court of the United States or any state thereof having subject matter jurisdiction of such action.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law Law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law Law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of bond.

Specific Performance. Each of the parties hereto acknowledges and agrees that The Parties agree that, in the event of any breach provision of this Agreement by any of themis not performed in accordance with the terms hereof, (a) the non-breaching party would be irreparably harmed and could Party will sustain irreparable damages for which there is not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a an adequate remedy at law would for money damages and (b) the non-breaching Party shall be adequate and that entitled to specific performance of the partiesterms hereof, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law Law would be adequate and agrees that the parties, in addition to any other remedy to which they may be entitled at law Law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of a bond.

Specific Performance. Each of the parties hereto Parties acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching party Party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and agreed that the partiesParties (a) shall be entitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement; and (b) shall waive, in any action for specific performance, the defense of the adequacy of a remedy at law.

Specific Performance. Each of the parties hereto to this Agreement acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party parties would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly Accordingly, each of the parties to this Agreement agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the other parties, in addition to any other remedy remedies to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto Party acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other Parties would be irreparably harmed and could not be made whole by monetary damages. Each party Party accordingly agrees to waive the defense in any action for specific performance that a remedy at law Law would be adequate and agrees that the parties, in addition to any other remedy to which they may be entitled at law Law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching party parties would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly Accordingly, each of the parties hereto agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the other parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching each nonbreaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (a) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law Law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with Section 2.9.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law Law would be adequate and agrees that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of bond.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any a breach of this Agreement by any of themAgreement, the non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (i) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (ii) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in respect thereof.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching party parties would be irreparably harmed and could not be made whole by monetary damages. Each Accordingly, each party accordingly hereto agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesother party, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching each nonbreaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (a) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with Section 9.9 hereof.

Specific Performance. Each of The Parties acknowledge and agree (a) that each Party would be irreparably harmed by a breach by the parties hereto acknowledges and agrees that in the event other Party of any breach of their obligations under this Agreement by any of them, and (b) that there would be no adequate remedy at law or damages to compensate the non-breaching party would be irreparably harmed and could not be made whole by monetary damagesParty for any such breach. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and The Parties agree that the parties, in addition to any other remedy to which they may be entitled at law or in equity, non-breaching Party shall be entitled to compel injunctive relief requiring specific performance by the breaching Party of its obligations under this Agreement, and the Parties hereby consent and agree to the entry of such injunctive relief.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (i) waive, in any action for specific performance that or injunctive relief, the defense of adequacy of a remedy at law would and (ii) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this, or injunctive relief under, this Agreement.

Specific Performance. Each of the parties Parties hereto acknowledges and agrees that in the event of any a breach of this Agreement by any of themAgreement, the non-breaching party Party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense Parties hereto (i) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (ii) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in respect thereof.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching party parties would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly Accordingly, each of the parties hereto agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the other parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement pursuant to Section 13(k)(x).

Specific Performance. Each of the parties hereto acknowledges and -------------------- agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party nonbreaching parties would be irreparably harmed and could not be made whole by monetary damages. Each party of the parties hereto accordingly agrees to waive the defense in any action for injunction or specific performance that a remedy at law would be adequate and that the partiesparties hereto, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to an injunction or to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement; provided, however, that the Company shall not be entitled to specific performance for any breach by the Holders of the provisions of Section 3.2(b).

Specific Performance. Each of the parties hereto Party acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching party Party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense Parties will (a) waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would law, and (b) be adequate and that entitled, in the partiesnon-breaching Party’s sole discretion, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with this Section 11.12.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching other party hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of bond.

Specific Performance. Each of the parties hereto Party acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other Party would be irreparably harmed and could not be made whole by monetary damages. Each party Party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and agrees that the partiesParties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of bond.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement; provided, however, that the Company shall not be entitled to specific performance for any breach by the Holders of the provisions of Section 2.4(d)(i).

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party or parties would be irreparably harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to agreed that the parties hereto will waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesparties hereto, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party would be irreparably harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to agreed that the parties hereto will waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesparties hereto, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.monetary

Specific Performance. Each of the parties hereto Party acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching party Party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense Parties will (a) waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would law, and (b) be adequate and that entitled, in the partiesnon-breaching Party’s sole discretion, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with this Section.

Specific Performance. Each of the parties hereto Party acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other Parties would be irreparably harmed and could not be made whole by monetary damages. Each party Party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and agrees that the parties, in addition to any other remedy to which they may be entitled at law Law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (a) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with Section 12.06 hereof.

Specific Performance. Each of the parties hereto acknowledges and agrees Party recognizes that in the event of any breach of this Agreement by any of them(whether or not such breach is material or willful), the monetary damages alone would not be adequate to compensate other Parties for their injuries. Each non-breaching party would Party shall therefore be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesentitled, in addition to any other remedy to which they remedies that may be entitled at law or in equityavailable, shall be entitled to compel obtain specific performance of the terms of this Agreement. If any action is brought to enforce this Agreement, the breaching Party shall waive the defense that there is an adequate remedy at law.

Specific Performance. Each of the parties hereto acknowledges The Parties acknowledge and agrees agree that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party Party would be irreparably harmed and could not be made whole solely by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance The Parties hereby agree that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they any Party may be entitled at law or in equity, to the extent permitted by applicable law, the Parties shall be entitled to obtain an injunction or compel specific performance of this AgreementAgreement in any action instituted in any Court.

Specific Performance. Each of the The parties hereto acknowledges and agrees acknowledge that in the event of any breach of the provisions of this Agreement by any of themAgreement, the non-breaching nonbreaching party would be irreparably harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesagreed that, in addition to any other remedy to which they a party may be entitled at law or in equity, the obligations of the parties hereunder shall be entitled specifically enforceable and no party shall take any action to compel impede the others from seeking to enforce such right of specific performance of this Agreementperformance.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party or parties would be irreparably harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to agreed that the parties hereto shall and do hereby waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesparties hereto, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto Party acknowledges and agrees that in the event of any other Parties would be irreparably injured by a breach of this Agreement by any of them, the non-breaching party would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate it and that money damages alone are an inadequate remedy for actual or threatened breach of this Agreement. To the partiesextent permitted by applicable law, in addition to any other remedy to which they may be entitled at law or in equity, each Party shall be entitled to compel request specific performance in respect of breach of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and agreed that the partiesparties hereto (a) shall be entitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in accordance with any action instituted in accordance with Section 9.14 and (b) will waive, in any action for specific performance, the defense of the adequacy of a remedy at law.

Specific Performance. Each of the parties hereto Parties acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching party would Party may be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and agreed that the partiesParties shall be entitled to seek, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in accordance with any action instituted in accordance with Section 12.10.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party Party would be irreparably harmed and could not be made whole by monetary damages. Each party Party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (a) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with Section 3.10.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (i) shall waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (ii) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party parties would be irreparably harmed and could not be made whole by monetary damages. Each party of the parties hereto accordingly agrees to waive the defense in any action for injunction or specific performance that a remedy at law would be adequate and that the partiesparties hereto, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to an injunction or to compel specific performance of this Agreement.

Specific Performance. Each of The Parties acknowledge and agree (i) that each Party would be irreparably harmed by a breach by the parties hereto acknowledges and agrees that in the event other Party of any breach of their obligations under this Agreement by any of them, Contract and (ii) that there would be no adequate remedy at law or damages to compensate the non-breaching party would be irreparably harmed and could not be made whole by monetary damagesParty for any such breach. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and The Parties agree that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall non-breaching Party will be entitled to compel injunctive relief requiring specific performance by the breaching Party of its obligations under this AgreementContract, and the Parties hereby consent and agree to the entry of such injunctive relief.

Specific Performance. Each of the parties hereto acknowledges and party to this agreement hereby irrevocably agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party would be irreparably harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to agreed that the parties hereto will waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesparties hereto, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto party acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties will (a) waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with Section 8.1.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAmended and Restated Agreement, the non-breaching party parties would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly Accordingly, each of the parties hereto agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the other parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled entitled, subject to applicable law, to compel specific performance of this Amended and Restated Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (a) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted hereunder.

Specific Performance. Each of the parties Person party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching other Persons party hereto would be irreparably harmed and could not be made whole by monetary damages. Each Person party accordingly agrees to waive the defense in any action for specific performance that a remedy at law Law would be adequate and that the partiesPersons party hereto, in addition to any other remedy to which they may be entitled at law Law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of a bond.

Specific Performance. Each of the parties hereto Parties acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party would be irreparably harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to agreed that the Parties will waive the defense in any action for specific performance performance, that a remedy at law would be adequate and that the partiesParties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in any court thereof having jurisdiction of such action.

Specific Performance. Each of the The parties hereto acknowledges and agrees acknowledge that a non-breaching party: (a) could not be adequately compensated by monetary damages in the event of any a breach of this Agreement by any a breaching party, (b) would suffer irreparable harm in the event of them, the non-breaching party would be irreparably harmed such breach and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the parties(c) shall have, in addition to any other remedy to which they rights or remedies it may be entitled have at law or in equity, shall be entitled to compel specific performance of this Agreementand injunctive relief as a remedy for the enforcement hereof.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themit, the non-breaching party other parties hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of bond.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach or threatened breach of this Agreement by any of themAgreement, the non-breaching party or parties would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance The parties hereby agree that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, they shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in any court set forth in Section 7.05.

Specific Performance. Each of the parties party hereto acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching party other parties hereto would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense defence in any action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law Law or in equity, shall be entitled to compel specific performance of this AgreementAgreement without the posting of bond.

Specific Performance. Each of the parties hereto Party acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party Party or Parties would be irreparably harmed and could not be made whole solely by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance The Parties hereby agree that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they any party may be entitled at law or in equity, to the extent permitted by applicable law, each Party shall be entitled to obtain an injunction or compel specific performance of this AgreementAgreement in any action instituted in any court having subject matter jurisdiction for such action.

Specific Performance. Each of The Parties acknowledge and agree (i) that each Party would be irreparably harmed by a breach by the parties hereto acknowledges and agrees that in the event other Party of any breach of their obligations under this Agreement by any of them, and (ii) that there would be no adequate remedy at law or damages to compensate the non-breaching party would be irreparably harmed and could not be made whole by monetary damagesParty for any such breach. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and The Parties agree that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall non-breaching Party will be entitled to compel injunctive relief requiring specific performance by the breaching Party of its obligations under this Agreement, and the Parties hereby consent and agree to the entry of such injunctive relief.

Specific Performance. Each of the parties hereto -------------------- acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (i) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would law, and (ii) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (a) will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with Section 9.9 hereof.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party would be irreparably harmed and could not be made whole by monetary damages. Each party of the parties hereto accordingly agrees to waive the defense in any action for injunction or specific performance that a remedy at law would be adequate and that the partiesparties hereto, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to an injunction or to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties hereto (a) will waive, in any action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.performance,

Specific Performance. Each of the The parties hereto acknowledges and agrees acknowledge that in the -------------------- event of any breach of the provisions of this Agreement by any of themAgreement, the non-breaching nonbreaching party would be irreparably harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesagreed that, in addition to any other remedy to which they a party may be entitled at law or in equity, the obligations of the parties hereunder shall be entitled specifically enforceable and no party shall take any action to compel impede the other from seeking to enforce such right of specific performance of this Agreementperformance.

Specific Performance. Each of the parties hereto acknowledges and agrees The Parties acknowledge that in the event of monetary damages may be inadequate to remedy any breach of this Agreement by any of themother Party. Accordingly, the Parties agree that any breach of this Agreement shall also entitle any non-breaching party would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees Party to waive the defense in any file an action for specific performance that in a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance court of this Agreementcompetent jurisdiction.

Specific Performance. Each of the parties hereto acknowledges The Parties acknowledge and agrees agree that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party Party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that (a) the defense breaching Party will waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) the non-breaching Party shall be adequate and that the partiesentitled, in addition to any other remedy to which they the non-breaching Party may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with Section 11.2 hereof.

Specific Performance. Each of the parties hereto party acknowledges and agrees that in the event of any breach of this Agreement by any of them, the non-breaching each nonbreaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties will (a) waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with SECTION 10.2.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and agreed that the partiesparties hereto (i) shall be entitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in accordance with any action instituted in accordance with Section 9.15 and (ii) will waive, in any action for specific performance, the defense of the adequacy of a remedy at Law.

Specific Performance. Each of the parties hereto Parties acknowledges and agrees -------------------- that in the event of any breach of this Agreement by any of themAgreement, the non-breaching party Party would be irreparably harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to agreed that the parties hereto will waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesParties hereto, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto Parties acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party Party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense Parties (a) shall waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted hereunder.

Specific Performance. Each of the parties hereto party acknowledges and agrees that in the event of any material breach of this Agreement by any of them, for which the non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each , such non-breaching party accordingly agrees shall be entitled to waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesto injunctive relief against further violations, in addition to as well as any other remedy to which they may be entitled remedies available at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto party acknowledges and agrees that in the event of any breach of this Agreement letter agreement by any of them, the non-breaching party other parties would be irreparably harmed and could not be made whole by monetary damages. Each party accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and agrees that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreementletter agreement without the posting of a bond.

Specific Performance. Each The parties acknowledge and agree that, as a result of the parties hereto acknowledges and agrees that in the event actual damages a party would sustain by reason of any a breach of this Agreement by any of themAgreement, the non-breaching such party would be irreparably harmed and could not be made whole by monetary damages. Each , and it is accordingly agreed that such party accordingly agrees shall have the right to waive elect, in addition to any and all other remedies at law or in equity, to enforce specific performance under this Agreement, and the non-performing party waives the defense in any such action for specific performance that a remedy at law would be adequate and that the parties, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreementadequate.

Specific Performance. Each of the The parties hereto acknowledges hereby acknowledge and agrees agree that in the event of any breach of this Agreement any agreement, obligation or covenant contained herein by any of themparty hereto, the non-breaching other interested party or parties would be irreparably harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and that the partiesagreed that, in addition to any other right or remedy to which they that such party may be entitled at have in law or in equityequity under applicable law, the non-breaching interested party or parties shall be entitled to compel specific performance performances of this Agreementsuch agreement, obligation or covenant by the nonperforming party or parties.

Specific Performance. Each of the parties hereto acknowledges and agrees that that, in the event of any breach of this Agreement by any of themAgreement, the non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive the defense in any action for specific performance that a remedy at law would be adequate and agreed that the partiesparties hereto (a) shall be entitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in accordance with any action instituted in accordance with Section 11.14 and (b) will, and hereby do, waive, in any action for specific performance, the defense of the adequacy of a remedy at law.

Specific Performance. Each of the parties hereto acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive the defense in any action for specific performance agreed that a remedy at law would such parties shall be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto party acknowledges and agrees that in the event of any breach of this Agreement by any of themAgreement, the non-breaching other party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each It is accordingly agreed that: (i) each party accordingly agrees to waive the defense hereto waives, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (ii) each party shall be adequate and that the partiesentitled, in addition to any other remedy to which they it may be entitled at law or in equity, shall be entitled to compel specific performance of this Agreement.

Specific Performance. Each of the parties hereto party acknowledges and agrees that in the event of any breach of this Agreement by any of them, the each non-breaching party would be irreparably and immediately harmed and could not be made whole by monetary damages. Each party It is accordingly agrees to waive agreed that the defense parties will (a) waive, in any action for specific performance that performance, the defense of adequacy of a remedy at law would and (b) be adequate and that the partiesentitled, in addition to any other remedy to which they may be entitled at law or in equity, shall be entitled to compel specific performance of this AgreementAgreement in any action instituted in accordance with Section 8.1.