Specific Performance Clause Example with 81 Variations from Business Contracts
This page contains Specific Performance clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Specific Performance. Each of Investor, on the one hand, and the Company, on the other hand, acknowledge and agree that irreparable injury to the other Party hereto 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 injury would not be adequately compensable by the remedies available at law (including the payment of money damages). It is accordingly agreed that Investor, on the one hand, and the Company, ...on the other hand (the "Moving Party"), shall each be entitled to specific enforcement of, and injunctive relief to prevent any violation of, the terms hereof, and the other Party hereto will not take action, directly or indirectly, in opposition to the Moving Party seeking such relief on the grounds that any other remedy or relief is available at law or in equity. This Section 6 is not the exclusive remedy for any violation of this Agreement.View More
Variations of a "Specific Performance" Clause from Business Contracts
Specific Performance. Each of Investor, on the one hand, Parties, acknowledges and the Company, on the other hand, acknowledge and agree agrees that irreparable injury to the other Party Parties hereto 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 injury would not be adequately compensable by the remedies available at law (including the payment of money damages). It is accordingly agreed that Investo...r, on the one hand, and the Company, on the other hand (the "Moving Party"), each Party shall each be entitled to specific enforcement of, and injunctive relief to prevent any violation of, the terms hereof, and the other Party hereto Parties will not take action, directly or indirectly, in opposition to the Moving Party seeking such relief on the grounds that any other remedy or relief is available at law or in equity. This Section 6 is not the exclusive remedy for any violation of this Agreement. 11 7. Expenses. The Company shall reimburse Starboard for its reasonable, documented out-of-pocket fees and expenses (including legal expenses) incurred in connection with Starboard's involvement at the Company, including, but not limited to the negotiation and execution of this Agreement, identification of any potential Starboard Appointees and any potential nomination of directors of the Company (including the notice of nomination) and any actions in connection with the 2018 Annual Meeting of Stockholders of the Company, provided that such reimbursement shall not exceed $200,000 in the aggregate. View More
Specific Performance. Each of Investor, Starboard, on the one hand, and the Company, on the other hand, acknowledge acknowledges and agree agrees that irreparable injury to the other Party hereto 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 injury would not be adequately compensable by the remedies available at law (including the payment of money damages). It is accordingly agreed that Investor, Sta...rboard, on the one hand, and the Company, on the other hand (the "Moving Party"), shall each be entitled to specific enforcement of, and injunctive relief to prevent any violation of, of the terms hereof, and the other Party hereto will shall not take action, directly or indirectly, in opposition to the Moving Party seeking such relief on the grounds that any other remedy or relief is available at law or in equity. This Section 6 is not the exclusive remedy for any violation of this Agreement. 9 7. Expenses. The Company shall reimburse Starboard for its reasonable, documented out-of-pocket fees and expenses (including legal expenses) incurred in connection with Starboard's involvement at the Company through the date of this Agreement, including but not limited to, its Schedule 13D filings, its preparation and delivery of the Nomination Notice, its preparation and filing of preliminary proxy materials, and the negotiation and execution of this Agreement; provided, however, that such reimbursement shall not exceed $1,100,000 in the aggregate. View More
Specific Performance. Each of Investor, on the one hand, Parties acknowledges and the Company, on the other hand, acknowledge and agree agrees that irreparable injury harm to the other Party hereto would Parties may occur in the event any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached and that such injury would not be adequately compensable by the remedies available at law (including (including, but not limited to, the payment of money... damages). It is accordingly agreed that Investor, on each of the one hand, and the Company, on the other hand Parties (the "Moving Party"), Party") shall each be entitled to seek specific enforcement of, and injunctive or other equitable relief as a remedy for any such breach or to prevent any violation or threatened violation of, the terms hereof, and the other Party hereto Parties will not take action, directly or indirectly, in opposition to the Moving Party seeking such relief on the grounds that any other remedy or relief is available at law or in equity. This The Parties further agree to waive any requirement for the security or posting of any bond in connection with any such relief. The prevailing Party that obtains a final, non-appealable order shall be entitled to recover its fees and expenses incurred with respect to any Action from the non-prevailing Party. The remedies available pursuant to this Section 6 is 15 shall not be deemed to be the exclusive remedy remedies for any violation a breach of this Agreement. Agreement but shall be in addition to all other remedies available at law or equity. View More
Specific Performance. Each of Investor, on the one hand, Parties acknowledges and the Company, on the other hand, acknowledge and agree agrees that irreparable injury to the other Party hereto 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 injury would not be adequately compensable by the remedies available at law (including the payment of money damages). It is accordingly agreed that the Investor, on... the one hand, and the Company, on the other hand (the "Moving Party"), shall each be entitled to specific enforcement of, and injunctive relief to prevent any violation of, the terms hereof, and each Party further agrees to waive any requirement for the security or posting of any bond in connection with such remedy, and the other Party hereto will not take action, directly or indirectly, in opposition to the Moving Party seeking such relief on the grounds that any other remedy or relief is available at law or in equity. This Section 6 is not the exclusive remedy for any violation of this Agreement. 9 7. Expense Reimbursement. The Company shall reimburse the Investor for its reasonable, documented out-of-pocket fees and expenses (including legal expenses) incurred in connection with the Investor's preparations to submit a notice of stockholder nominations at the 2023 Annual Meeting and negotiation of this Agreement through the date of this Agreement; provided, however, that such reimbursement shall not exceed $250,000 in the aggregate. View More
Specific Performance. Each of Investor, Starboard, on the one hand, and the Company, on the other hand, acknowledge acknowledges and agree agrees that irreparable injury to the other Party party hereto 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 injury would not be adequately compensable by the remedies available at law (including the payment of money damages). It is accordingly agreed that Investo...r, Starboard, on the one hand, and the Company, on the other hand (the "Moving Party"), shall each be entitled to specific enforcement of, and injunctive relief to prevent any violation of, the terms hereof, and the other Party party hereto will not take action, directly or indirectly, in opposition to the Moving Party seeking such relief on the grounds that any other remedy or relief is available at law or in equity. This Section 6 is not the exclusive remedy for any violation of this Agreement. 7 7. Expenses. The Company shall reimburse Starboard for its reasonable, documented out-of-pocket fees and expenses (including legal expenses) incurred in connection with the matters related to the 2014 Annual Meeting, the filing of a Schedule 13D amendment in connection with this Agreement and the negotiation and execution of this Agreement, provided that such reimbursement shall not exceed seventy five thousand dollars ($75,000) in the aggregate. View More
Specific Performance. Each of Investor, on the one hand, Parties acknowledges and the Company, on the other hand, acknowledge and agree agrees that irreparable injury to the other Party hereto Parties would occur in the event any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached and that such injury would not be adequately compensable by the remedies available at law (including the payment of money damages). It is accordingly agreed that ...Investor, on each of the one hand, and the Company, on the other hand Parties (the "Moving Party"), Party") shall each be entitled to specific enforcement of, and injunctive or other equitable relief as a remedy for any such breach or to prevent any violation or threatened violation of, the terms hereof, and the other Party hereto Parties will not take action, directly or indirectly, in opposition to the Moving Party seeking such relief on the grounds that any other remedy or relief is available at law or in equity. This The Parties further agree to waive any requirement for the security or posting of any bond in connection with any such relief. The remedies available pursuant to this Section 6 is 16 shall not be deemed to be the exclusive remedy remedies for any violation a breach of this Agreement. Agreement but shall be in addition to all other remedies available at law or equity. To the extent any Party moves for the relief provided by this Section 16, the prevailing Party, as determined by the Chosen Court, shall be entitled to an award of its attorneys' fees and costs. View More
Specific Performance. Each of Investor, on the one hand, Parties acknowledges and the Company, on the other hand, acknowledge and agree agrees that irreparable injury harm to the other Party hereto Parties would occur in the event any of the provisions of this Settlement Agreement were are not performed in accordance with their specific terms or were are otherwise breached and that such injury would not be adequately compensable by the remedies available at law (including the payment of money damages). It is accordin...gly agreed that Investor, on each of the one hand, and the Company, on the other hand Parties (the "Moving Party"), Party") shall each be entitled to seek specific enforcement (at the Moving Party's sole expense) of, and injunctive or other equitable relief as a remedy for any such breach or to prevent any violation or threatened violation of, the terms hereof, and the other Party hereto Parties will not take action, directly or indirectly, in opposition to the Moving Party seeking such relief on the grounds that any other remedy or relief is available at law or in equity. This Section 6 is The Parties further agree to waive any requirement for the security or posting of any bond in connection with any such relief. The remedies available pursuant to this section shall not be deemed to be the exclusive remedy remedies for any violation a breach of this Agreement. Settlement Agreement but shall be in addition to all other remedies available at law or equity. View More
Specific Performance. Each of Investor, Newtyn, on the one hand, and the Company, on the other hand, acknowledge acknowledges and agree agrees that irreparable injury to the other Party party hereto 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 injury would not be adequately compensable by the remedies available at law (including the payment of money damages). It is accordingly agreed that Investor,...Newtyn, on the one hand, and the Company, on the other hand (the "Moving Party"), shall will each be entitled to specific enforcement of, and injunctive relief to prevent any violation of, the terms hereof, and the other Party party hereto will not take action, directly or indirectly, in opposition to the Moving Party seeking such relief on the grounds that any other remedy or relief is available at law or in equity. This Section 6 is not the exclusive remedy for any violation of this Agreement. 7. Expenses. The Company shall reimburse Newtyn for its reasonable, documented out-of-pocket legal fees and expenses of its counsel incurred in connection with the matters related to the 2016 Annual Meeting and the negotiation and execution of this Agreement, provided that such reimbursement shall not exceed $50,000 in the aggregate. View More
Specific Performance. Each of Investor, the members of Foundation, on the one hand, and the Company, on the other hand, acknowledge acknowledges and agree agrees that irreparable injury to the other Party hereto 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 injury would not be adequately compensable by the remedies available at law (including the payment of money damages). It is accordingly agreed th...at Investor, Foundation (or any of the entities and natural persons listed in the signature pages hereto), on the one hand, and the Company, on the other hand (the "Moving Party"), shall each be entitled to specific enforcement of, and injunctive relief to prevent any violation of, the terms hereof, and the other Party hereto will not take action, directly or indirectly, in opposition to the Moving Party seeking such relief on the grounds that any other remedy or relief is available at law or in equity. This Section 6 is not the exclusive remedy for any violation of this Agreement. 4 7. Expenses. The Company shall reimburse Foundation for its reasonable, documented out-of-pocket fees and expenses (including legal expenses) incurred in connection with the Foundation Consent Solicitation and the negotiation and execution of this Agreement, provided that such reimbursement shall not exceed $150,000 in the aggregate. View More
Specific Performance. Each of Investor, the members of the Jeereddi/PMCP Group, on the one hand, and the Company, on the other hand, acknowledge acknowledges and agree agrees that irreparable injury to the other Party hereto 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 injury would not be adequately compensable by the remedies available at law (including the payment of money damages). It is accordin...gly agreed that Investor, the Jeereddi/PMCP Group (or any of the entities and natural persons listed in the signature pages hereto), on the one hand, and the Company, on the other hand (the "Moving Party"), shall each be entitled to specific enforcement of, and injunctive relief to prevent any violation of, the terms hereof, and the other Party hereto will not take action, directly or indirectly, in opposition to the Moving Party seeking such relief on the grounds that any other remedy or relief is available at law or in equity. This Section 6 7 is not the exclusive remedy for any violation of this Agreement. View More
