Specific Performance Contract Clauses (4,082)

Specific Performance. Each Party party acknowledges that the rights of each Party party to consummate the transactions contemplated hereby by this Agreement are unique, recognizes and affirms that in the event of a breach of this Agreement by any Party, party, money damages may be inadequate and the non-breaching Parties party (or Xynomic) may have not adequate remedy at law, and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed by an applicable ... class="diff-color-red">Party party in accordance with their specific terms or were otherwise breached. Accordingly, each Party party (and Xynomic as a third party beneficiary) shall be entitled to seek an injunction or restraining order to prevent breaches of this Agreement and to seek to enforce specifically the terms and provisions hereof, without the requirement to post any bond or other security or to prove that money damages would be inadequate, this being in addition to any other right or remedy to which such Party party may be entitled under this Agreement, at law or in equity. View More

Found in Bison Capital Acquisition Corp. contract

Specific Performance. Each Party party acknowledges that the rights of each Party party to consummate the transactions contemplated hereby by this Agreement are unique, recognizes and affirms that in the event of a breach of this Agreement by any Party, party, money damages may be inadequate and the non-breaching Parties party (or Reebonz) may have not adequate remedy at law, and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed by an applicable ... class="diff-color-red">Party party in accordance with their specific terms or were otherwise breached. Accordingly, each Party party (and Reebonz as a third party beneficiary) shall be entitled to seek an injunction or restraining order to prevent breaches of this Agreement and to seek to enforce specifically the terms and provisions hereof, without the requirement to post any bond or other security or to prove that money damages would be inadequate, this being in addition to any other right or remedy to which such Party party may be entitled under this Agreement, at law or in equity. View More

Found in Draper Oakwood Technology Acquisition Inc. contract

Specific Performance. Each Party party acknowledges that the rights of each Party party to consummate the transactions contemplated hereby by this Agreement are unique, recognizes and affirms that in the event of a breach of this Agreement by any Party, party, money damages may be inadequate and the non-breaching Parties party (or Borqs) may have not adequate remedy at law, and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed by an applicable ... class="diff-color-red">Party party in accordance with their specific terms or were otherwise breached. Accordingly, each Party party (and Borqs as a third party beneficiary) shall be entitled to seek an injunction or restraining order to prevent breaches of this Agreement and to seek to enforce specifically the terms and provisions hereof, without the requirement to post any bond or other security or to prove that money damages would be inadequate, this being in addition to any other right or remedy to which such Party party may be entitled under this Agreement, at law or in equity. View More

Found in Borqs Technologies, Inc. contract

Specific Performance. The parties agree that failure of any party to perform its agreements and covenants hereunder, under this Warrant, including a party's failure to take all actions as are necessary on such party's part in accordance with the terms and conditions of this Warrant to consummate the transactions contemplated hereby, by this Warrant, will cause irreparable injury to the other party, for which monetary damages, even if available, will not be an adequate remedy. It is -17- agreed that the parties shall... be entitled to equitable relief including injunctive relief and specific performance of the terms hereof, without the requirement of posting a bond or other security, and each party hereby consents to the issuance of injunctive relief by any court of competent jurisdiction to compel performance of a party's obligations and to the granting by any court of the remedy of specific performance of such party's obligations hereunder, under this Warrant, this being in addition to any other remedies to which the parties are entitled at law or equity. View More

Specific Performance. The parties agree that failure of any party to perform its agreements and covenants hereunder, under this Warrant, including a party's failure to take all actions as are necessary on such party's part in accordance with the terms and conditions of this Warrant to consummate the transactions contemplated hereby, by this Warrant, will cause irreparable injury to the other party, for which monetary damages, even if available, will not be an adequate remedy. It is agreed that the parties shall be... entitled to equitable relief including injunctive relief and specific performance of the terms hereof, without the requirement of posting a bond or other security, and each party hereby consents to the issuance of injunctive relief by any court of competent jurisdiction to compel performance of a party's obligations and to the granting by any court of the remedy of specific performance of such party's obligations hereunder, under this Warrant, this being in addition to any other remedies to which the parties are entitled at law or equity. View More

Specific Performance. The parties agree that failure of any party to perform its agreements and covenants hereunder, under this Warrant, including a party's failure to take all actions as are necessary on such party's part in accordance with the terms and conditions of this Warrant to consummate the transactions contemplated hereby, by this Warrant, will cause irreparable injury to the other party, for which monetary damages, even if available, will not be an adequate remedy. It is agreed that the parties shall be... entitled to equitable relief including injunctive relief and specific performance of the terms hereof, without the requirement of posting a bond or other security, and each party hereby consents to the issuance of injunctive relief by any court of competent jurisdiction to compel performance of a party's obligations and to the granting by any court of the remedy of specific performance of such party's obligations hereunder, under this Warrant, this being in addition to any other remedies to which the parties are entitled at law or equity. View More

Specific Performance. The Company Each Party acknowledges and each of the Investors acknowledge and agree agrees that money damages would not be a sufficient remedy for any breach (or threatened breach) of this Agreement by it and that, in the event of any breach or threatened breach hereof, of this Agreement, (a) the non-breaching party Party seeking specific performance will be entitled to seek injunctive and other equitable relief, without proof of actual damages; (b) the breaching party Party against whom... specific performance is sought will not plead in defense thereto that there would be an adequate remedy at law; and (c) the breaching party Party against whom specific performance is sought agrees to waive any applicable right or requirement that a bond be posted by the non-breaching party. posted. Such remedies will not be the exclusive remedies for a breach of this Agreement, but will be in addition to all other remedies available at law or in equity. 7 13. -8- 23. Entire Agreement; Successors and Assigns; Amendment and Binding Nature; Assignment; Waiver. This Agreement (including its exhibits) constitutes the only agreement between the Investors and the Company Parties with respect to the subject matter hereof of this Agreement and it supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written. written (including the letter agreement between the Parties dated March 13, 2018). This Agreement shall be binding upon binds, and will inure to the benefit of of, the parties Parties and their respective successors and permitted assigns. No party Party may assign or otherwise transfer either this Agreement or any of its rights, interests, or obligations hereunder under this Agreement without the prior written approval of the other parties. Party. Any purported transfer requiring consent without such consent shall be is void. No amendment, modification, supplement or waiver of any provision of this Agreement shall will be effective unless it is in writing and signed by the party affected thereby, Party, and then only in the specific instance and for the specific purpose stated therein. in such writing. Any waiver by any party Party of a breach of any provision of this Agreement shall will not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Agreement in the future. View More

Specific Performance. The Company Each Party acknowledges and each of the Investors acknowledge and agree agrees that money damages would not be a sufficient remedy for any breach (or threatened breach) of this Agreement by it and that, in the event of any breach or threatened breach hereof, of this Agreement, (a) the non-breaching party Party seeking specific performance will be entitled to seek injunctive and other equitable relief, without proof of actual damages; (b) the breaching party Party against whom... specific performance is sought will not plead in defense thereto that there would be an adequate remedy at law; and (c) the breaching party Party against whom specific performance is sought agrees to waive any applicable right or requirement that a bond be posted by the non-breaching party. posted. Such remedies will not be the exclusive remedies for a breach of this Agreement, but Agreement and will be in addition to all other remedies available at law or in equity. 7 13. -8- 19. Entire Agreement; Successors and Assigns; Amendment and Binding Nature; Assignment; Waiver. This Agreement (including its exhibits) constitutes the only agreement between the Investors and the Company Parties with respect to the subject matter hereof of this Agreement and it supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written. This Agreement shall be binding upon binds, and will inure to the benefit of of, the parties Parties and their respective successors and permitted assigns. No party Party may assign or otherwise transfer either this Agreement or any of its rights, interests, or obligations hereunder under this Agreement without the prior written approval of the other parties. Party. Any purported transfer requiring consent without such consent shall be is void. No amendment, modification, supplement or waiver of any provision of this Agreement shall will be effective unless it is in writing and signed by the party affected thereby, Party, and then only in the specific instance and for the specific purpose stated therein. in such writing. Any waiver by any party Party of a breach of any provision of this Agreement shall will not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Agreement in the future. View More

Specific Performance. The Company Each Party acknowledges and each of the Investors acknowledge and agree agrees that money damages would may not be a sufficient remedy for any breach (or threatened breach) of this Agreement by it and that, in the event of any breach or threatened breach hereof, of this Agreement, (a) the non-breaching party Party seeking specific performance will be entitled to seek injunctive and other equitable relief, without proof of actual damages; relief; and (b) the breaching party will not... plead in defense thereto that there would be an adequate remedy at law; and (c) the breaching party Party against whom specific performance is sought agrees to waive any applicable right or requirement that a bond be posted by the non-breaching party. posted. Such remedies will not be the exclusive remedies for a breach of this Agreement, but will be in addition to all other remedies available at law or in equity. 7 13. -6- 12. Entire Agreement; Successors and Assigns; Amendment and Binding Nature; Assignment; Waiver. This Agreement (including its exhibits) constitutes the only agreement between the Investors and the Company Parties with respect to the subject matter hereof of this Agreement and it supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written. This Agreement shall be binding upon binds, and will inure to the benefit of of, the parties Parties and their respective successors and permitted assigns. No party Party may assign or otherwise transfer either this Agreement or any of its rights, interests, or obligations hereunder under this Agreement without the prior written approval of the other parties. Any purported transfer requiring consent without such consent shall be void. Party. No amendment, modification, supplement or waiver of any provision of this Agreement shall will be effective unless it is in writing and signed by the party affected thereby, Party, and then only in the specific instance and for the specific purpose stated therein. in such writing. Any waiver by any party Party of a breach of any provision of this Agreement shall will not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. View More

Specific Performance. The Parties parties agree that if any of the provisions of this Agreement were not performed by the Parties parties in accordance with their specific terms or were otherwise breached thereby, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that each Party party will be entitled to specific performance 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 at law or in equity. Each of the parties agree that it will not oppose the granting of an injunction, specific performance and other equitable relief on the basis that any other party has an adequate remedy at law or that any award of specific performance is not an appropriate remedy for any reason at law or in equity. View More

Specific Performance. The Parties agree that if any of the provisions of this Agreement were not performed by the Parties in accordance with their specific terms or were otherwise breached thereby, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that each Party will be entitled to specific performance 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 at law or in equity. [The immediately following page contains the signatures of the parties.] View More

Specific Performance. The Parties agree that if any of the provisions of this Agreement were not performed by the Parties in accordance with their specific terms or were otherwise breached thereby, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that each Party will be entitled to specific performance 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 at law or in equity. [The immediately following page contains the signatures of the parties.] View More

Specific Performance. In addition to any and all other remedies that may be available at law or in equity in the event of any breach of this Agreement, each party the parties hereto shall be entitled to specific performance of the agreements and obligations of the other party parties hereunder and to such other injunctive or other equitable relief as may be granted by a court of competent jurisdiction.

Specific Performance. In addition to any and all other remedies that may be available at law or in equity in the event of any breach of this Agreement, each party the parties shall be entitled to specific performance of the agreements and obligations of the other party parties hereunder and to such other injunctive or other equitable relief as may be granted by a court of competent jurisdiction.

Specific Performance. The Parties agree that irreparable injury will occur in the event that any of the provisions of this Agreement is not performed in accordance with its specific terms or is otherwise breached. Each Party shall be entitled to an injunction or injunctions to prevent or remedy any breaches or threatened breaches of this Agreement by any other Party, to a decree or order of specific performance to specifically enforce the terms and provisions of this Agreement and to any further equitable relief.... The Parties' rights in this Section 11 section are an integral part of this Agreement and each Party hereby waives any objections to any remedy referred to in this Section 11 section (including any objection on the basis that there is an adequate remedy at Law law or that an award of such remedy is not an appropriate remedy for any reason at Law law or equity). For the avoidance of doubt, each Party agrees that there is not an adequate remedy at Law for a breach of this Agreement by any Party. In the event any Party seeks any remedy referred to in this Section 11, such Party shall not be required to obtain, furnish, post or provide any bond or other security in connection with or as a condition to obtaining any such remedy. View More

Specific Performance. The Parties agree Each Party agrees that irreparable injury will occur in the event that any of the provisions of this Agreement is not performed in accordance with its specific terms or is otherwise breached. Each Party agrees that, in the event of any breach or threatened breach by any other Party of any covenant or obligation contained in this Agreement, the non-breaching Party shall be entitled to an injunction or injunctions to prevent or remedy any such breaches or threatened breaches of... this Agreement by any other Party, to a decree or order of specific performance to specifically enforce the terms and provisions of this Agreement and to any further equitable relief. The Parties' rights in this Section 11 19 are an integral part of the transactions contemplated by this Agreement and each Party hereby waives any objections to any remedy referred to in this Section 11 19 (including any objection on the basis that there is an adequate remedy at Law or that an award of such remedy is not an appropriate remedy for any reason at Law or equity). For the avoidance of doubt, each Party agrees that there is not an adequate remedy at Law for a breach of this Agreement by any Party. In the event any Party seeks any remedy referred to in this Section 11, 19, 8 such Party shall not be required to obtain, furnish, post or provide any bond or other security in connection with or as a condition to obtaining any such remedy. View More

Specific Performance. The Executive and the Employer acknowledges that a remedy at law for any breach or threatened breach of Section 6 or 7 of this Agreement will be inadequate and that each Party may be entitled to specific performance, injunctive relief, and any other remedies available to it for such breach or threatened breach. If a bond is required to be posted in order for either Party to secure an injunction, then the Parties stipulate that a bond in the NAI-1508725839v2 amount of One Thousand and No/100... Dollars (US$1,000) will be sufficient and reasonable in all circumstances to protect the rights of the Parties. View More

Specific Performance. The Executive Employee and the Employer acknowledges acknowledge that a remedy at law for any breach or threatened breach of Section 6 Sections 7, 10, 11, or 7 12 of this Agreement will be inadequate and that each Party may be entitled to specific performance, injunctive relief, and any other remedies available to it for such breach or threatened breach. If a bond is required to be posted in order for either Party to secure an injunction, then the Parties stipulate that a bond in the amount of ... class="diff-color-red">One Thousand and No/100 Dollars (US$1,000) one thousand dollars ($1,000) will be sufficient and reasonable in all circumstances to protect the rights of the Parties. View More

Found in WOUND MANAGEMENT TECHNOLOGIES, INC. contract

Specific Performance. Employee acknowledges and agrees that irreparable injury to the Company may result in the event that if Employee breaches any covenant in this Agreement, of Employee contained herein and that the remedy at law for the breach of any such covenant will be inadequate. If Accordingly, if Employee engages in any act in violation of any provision the provisions of paragraph 13, Employee agrees that this Agreement, the Company shall be entitled, in addition to such other remedies and damages that as... may be available to it by law or under this Agreement, to injunctive relief to enforce such the provisions without the necessity of posting a bond. this Agreement. View More

Specific Performance. Employee acknowledges and agrees that irreparable injury to Company may result in the event that Employee breaches any covenant in this Agreement, and that the remedy at law for the breach of any such covenant will be inadequate. If Employee engages in any act in violation of any provision of paragraph 13, 10 or 11, Employee agrees that 4 Company shall be entitled, entitled to seek, in addition to such other remedies and damages that may be available to it by law or under this Agreement, to... injunctive relief to enforce such provisions without the necessity of posting a bond. bond and its costs, expenses and attorney fees incurred in enforcing such provisions. View More

Specific Performance. The Stockholder Shareholder acknowledges that there would be no adequate remedy at law if the Stockholder Shareholder fails to perform any of its his obligations hereunder, and accordingly and, accordingly, agrees that the Company, Bright Mountain, in addition to any other remedy to which it may be entitled at law or in equity, shall be entitled to compel specific performance of the obligations of the Stockholder Shareholder under this Agreement in accordance with the terms and conditions of... this Agreement. Any remedy under this Section 6 3 is subject to certain equitable defenses and to the discretion of the court before which any proceedings therefor may be brought. View More

Specific Performance. The Stockholder Shareholder acknowledges that there would be no adequate remedy at law if the Stockholder Shareholder fails to perform any of its obligations hereunder, and accordingly agrees that the Company, in addition to any other remedy to which it may be entitled at law or in equity, shall be entitled to compel specific performance of the obligations of the Stockholder Shareholder under this Agreement in accordance with the terms and conditions of this Agreement. Any remedy under this... Section 6 7 is subject to certain equitable defenses and to the discretion of the court before which any proceedings therefor may be brought. View More

Specific Performance. Each The Pledgor acknowledges and agrees that, in addition to the other rights of the Administrative Agent hereunder and under the other Loan Transaction Documents, because the Administrative Agent's remedies at law for failure of any the Pledgor to comply with the provisions hereof relating to the Administrative Agent's rights (i) to inspect the books and records related to the Pledged Collateral, Collateral; (ii) to receive the various notifications any the Pledgor is required to deliver ... class="diff-color-red">hereunder, hereunder; (iii) to obtain copies of agreements and documents as provided herein with respect to the Pledged Collateral, Collateral; (iv) to enforce the provisions hereof pursuant to which any the 10 Pledgor has appointed the Administrative Agent its attorney-in-fact, attorney-in-fact; and (v) to enforce the Administrative Agent's remedies hereunder, would be inadequate and that any such failure would not be adequately compensable in damages, such the Pledgor agrees that each such provision hereof may be specifically enforced. View More

Found in PG&E Corp contract

Specific Performance. Each Pledgor acknowledges and agrees that, in addition to the other rights of the Collateral Agent hereunder hereunder, under the other Financing Documents and under the other Loan Documents, Intercreditor Agreement, because the Collateral Agent's remedies at law for failure of any such Pledgor to comply with the provisions hereof relating to the Collateral Agent's rights (i) to inspect the books and 16 records related to the Pledged Collateral, (ii) to receive the various notifications any such Pledgor is required to deliver hereunder, (iii) to obtain copies of agreements and documents as provided herein with respect to the Pledged Collateral, (iv) to enforce the provisions hereof pursuant to which any such Pledgor has appointed the Collateral Agent its attorney-in-fact, and (v) to enforce the Collateral Agent's remedies hereunder, would be inadequate and that any such failure would not be adequately compensable in damages, such Pledgor agrees that each such provision hereof may be specifically enforced. View More