Equitable Remedy. The parties hereto hereby declare that irreparable damage would occur, and that it is impossible to measure in money the damages which will accrue, by reason of a failure of a party to perform any of its obligations under this Agreement and agree that the terms of this Agreement shall be specifically enforceable (in addition to any other remedy to which a party is entitled at law or in equity). If a party (a “Moving Party”) institutes any action or proceeding to specifically enforce the provisions of this Agreement, or to obtain injunctive or other equitable relief to prevent any breach or threatened breach of this Agreement, the other party hereby waives the claim or defense therein that the Moving Party has an adequate remedy at law, and shall not offer in any such action or proceeding the claim or defense that such remedy at law exists. In any such case, the Moving Party will not be required to post a bond or other security.
Equitable Remedy. The parties hereto hereby declareagree that irreparable damageharm would occur, andfor which money damages would not be an adequate remedy at law, in the event that it is impossible to measure in money the damages which will accrue, by reason of a failure of a party to perform any of its obligations underthe provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to interlocutory, preliminary and agree thatpermanent injunctive relief, special performance and other equitable relief to prevent breaches or threatened breaches of this Agreement, and to enforce compliance with the terms of this Agreement shall be specifically enforceable (inwithout the proof of actual damages and without any requirement for the securing or posting of any bond in connection with the obtaining of any such injunctive or other equitable relief, this being in addition to any other remedy to which a party isthe parties may be entitled at law or in equity). If a party (a “Moving Party”) institutes any action or proceeding to specifically enforce the provisions of this Agreement, or to obtain injunctive or other equitable relief to prevent any breach or threatened breach of this Agreement, the other party hereby waives the claim or defense therein that the Moving Party has an adequate remedy at law, and shall not offer in any such action or proceeding the claim or defense that such remedy at law exists. In any such case, the Moving Party will not be required to post a bond or other security.equity.
Equitable Remedy.Remedies. The parties hereto hereby declareagree and acknowledge that irreparable damage would occur,money damages may not be an adequate remedy for any breach of the provisions of the Agreement and that it is impossible to measureany party may in money the damages which will accrue, by reason of a failure of a party to perform any of its obligations under this Agreement and agree that the terms of this Agreement shall be specifically enforceable (in additionsole discretion apply to any other remedy to which a party is entitled atcourt of law or equity of competent jurisdiction (without posting any bond or deposit) for specific performance and/or injunctive or other relief in equity). If a party (a “Moving Party”) institutesorder to enforce or prevent any action or proceeding to specifically enforceviolations of the provisions of this Agreement, or to obtain injunctive or other equitable relief to prevent any breach or threatened breach of this Agreement, the other party hereby waives the claim or defense therein that the Moving Party has an adequate remedy at law, and shall not offer in any such action or proceeding the claim or defense that such remedy at law exists. In any such case, the Moving Party will not be required to post a bond or other security.Agreement.
Equitable Remedy.Remedies. The parties hereto hereby declare that irreparable damage would occur, and that it is impossible to measure in money the damages which will accrue, by reason of a failure of a party to perform any of its obligations under this Agreement and agree that the termsmoney damages may not be an adequate remedy for any breach of this Agreement shall be specifically enforceable (in addition to any other remedy to which a party is entitled at law or in equity). If a party (a “Moving Party”) institutes any action or proceeding to specifically enforce the provisions of this Agreement,Agreement and that any party may, in its discretion, apply to any court of law or equity of competent jurisdiction for specific performance and injunctive relief in order to obtain injunctiveenforce or other equitable relief to prevent any breach or threatened breach ofviolations this Agreement, the otherand any party against whom such proceeding is brought hereby waives the claim or defense therein that the Moving Partysuch party has an adequate remedy at law,law and shallagrees not offer in any such action or proceedingto raise the claim or defense that suchthe other party has an adequate remedy at law exists. In any such case, the Moving Party will not be required to post a bond or other security.law.
Equitable Remedy. The parties hereto hereby declare that irreparable damage would occur, and that it is impossible to measure in money the damages which will accrue, by reason of a failure of a party to perform any of its obligations under this AgreementParties acknowledge and agree that the termsan award of money damages may be inadequate for any breach of this Agreement shall be specifically enforceable (in addition toby any other remedy to which a party is entitled at law orParty and any such breach would cause the non-breaching Party irreparable harm. Accordingly, the Parties agree that, in equity). If a party (a “Moving Party”) institutes any action or proceeding to specifically enforce the provisionsevent of this Agreement, or to obtain injunctive or other equitable relief to prevent any breach or threatened breach of this Agreement,Agreement by one of the other party hereby waivesParties, the claim or defense therein thatParties will also be entitled, without the Moving Party has an adequate remedy at law, and shall not offer in any such action or proceeding the claim or defense that such remedy at law exists. In any such case, the Moving Party will not be required to postrequirement of posting a bond or other security.security, to equitable relief, including injunctive relief and specific performance, provided that such Party is not in material default hereunder. Such remedies will not be the exclusive remedies for any breach of this Agreement but will be in addition to all other remedies available at law or equity to each of the Parties.
Equitable Remedy.Enforcement. The parties hereto hereby declareParties agree that irreparable damage would occur,occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached and that it is impossible to measure in money the damages which will accrue,any breach of this Agreement would not be adequately compensated by reason of a failure of a party to perform any of its obligations under this Agreementmonetary damages. The Parties acknowledge and agree that the termsParties shall be entitled, without posting a bond or similar indemnity, to an injunction, specific performance and other equitable relief to prevent breaches of this Agreement shall beand to enforce specifically enforceable (inthe terms and provisions hereof in any court as specified in [Section 10.6], in addition to any other remedy to which a party isthey are entitled at lawLaw or in equity). If a party (a “Moving Party”) institutes any action or proceeding to specifically enforce the provisions of this Agreement, or to obtain injunctive or other equitable relief to prevent any breach or threatened breach of this Agreement, the other party hereby waives the claim or defense therein that the Moving Party has an adequate remedy at law, and shall not offer in any such action or proceeding the claim or defense that such remedy at law exists. In any such case, the Moving Party will not be required to post a bond or other security.equity.
Equitable Remedy.Injunctive Relief. The parties hereto hereby declareParties agree that irreparable damage would occur,occur in the event that any of the provisions of this Agreement was not performed in accordance with its specified terms or was otherwise breached and that itmoney damages would not be an adequate remedy for any breach of this Agreement. It is impossible to measureaccordingly agreed that in moneyany proceeding seeking specific performance each of the damages which will accrue, by reasonParties shall waive the defense of adequacy of a failureremedy at law. Each of a partythe Parties shall be entitled to perform anyan injunction or injunctions to prevent breaches of its obligations under this Agreement and agree thatto enforce specifically the terms and provisions hereof in any court of competent jurisdiction, this Agreement shall be specifically enforceable (inbeing in addition to any other remedy to which a party isthey are entitled at law or in equity). If a party (a “Moving Party”) institutes any action or proceeding to specifically enforce the provisions of this Agreement, or to obtain injunctive or other equitable relief to prevent any breach or threatened breach of this Agreement, the other party hereby waives the claim or defense therein that the Moving Party has an adequate remedy at law, and shall not offer in any such action or proceeding the claim or defense that such remedy at law exists. In any such case, the Moving Party will not be required to post a bond or other security.equity.
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