Common use of Remedies Cumulative Clause in Contracts

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 272 contracts

Samples: Agreement and Plan of Merger (Paypal Inc), Agreement and Plan of Reorganization (R F Industries LTD), Services Agreement (Netratings Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.

Appears in 64 contracts

Samples: Agreement and Plan of Merger (Netsolve Inc), Agreement and Plan of Merger (Sucampo Pharmaceuticals, Inc.), Voting Agreement (Michery David)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party Party, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.

Appears in 20 contracts

Samples: Agreement and Plan of Merger (Porch Group, Inc.), Share Purchase Agreement (SolarWinds Corp), Merger Agreement (Luxoft Holding, Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all ------------------- remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 11 contracts

Samples: Asset Purchase Agreement (Microtune Inc), Limited Partnership and Stock Purchase Agreement (Data Critical Corp), Agreement and Plan of Reorganization (Fogdog Inc)

Remedies Cumulative. Except as otherwise provided herein, any ------------------- and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 11 contracts

Samples: Agreement and Plan of Reorganization (Agile Software Corp), Agreement and Plan of Merger (Lam Research Corp), Stock Purchase Agreement (Loudeye Technologies Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 10 contracts

Samples: Asset Purchase Agreement (XCel Brands, Inc.), Stock Purchase Agreement (Implant Sciences Corp), Asset Purchase Agreement (XCel Brands, Inc.)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law Law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 10 contracts

Samples: Agreement and Plan of Merger (Cambrex Corp), Transaction Agreement (Borgwarner Inc), Agreement and Plan of Merger (Travelport Worldwide LTD)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party Party, and the exercise by a party Party hereto of any one remedy will shall not preclude the exercise of any other remedy remedy and nothing in this Agreement shall be deemed a waiver by any Party of any right to specific performance or injunctive relief.

Appears in 10 contracts

Samples: Asset Purchase Agreement (Biomarin Pharmaceutical Inc), Asset Purchase Agreement (Retrophin, Inc.), Asset Purchase Agreement (Sarepta Therapeutics, Inc.)

Remedies Cumulative. Except as otherwise provided herein, any and ------------------- all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 10 contracts

Samples: Agreement and Plan of Merger (E Trade Group Inc), Agreement and Plan of Reorganization (Netratings Inc), Shareholder Agreement (Digital Island Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Longevity Acquisition Corp), Agreement and Plan of Merger (Alkuri Global Acquisition Corp.), Stock Purchase Agreement (Akerna Corp.)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative (but without duplication) with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Oak Valley Bancorp), Principal Shareholder Agreement (Maxwell Technologies Inc), Principal Shareholder Agreement (Maxwell Technologies Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 8 contracts

Samples: Agreement and Plan of Merger (Coulter Pharmaceuticals Inc), Agreement and Plan of Merger (Vitalcom Inc), Agreement and Plan of Merger (Corixa Corp)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 8 contracts

Samples: Asset Purchase Agreement (SolarWinds, Inc.), Agreement and Plan of Merger and Reorganization (SolarWinds, Inc.), Contribution and Formation Agreement (Lennar Corp /New/)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedy remedy and nothing in this Agreement shall be deemed a waiver by any party of any right to specific performance or injunctive relief.

Appears in 7 contracts

Samples: Asset Purchase Agreement (Idx Systems Corp), Amended and Restated Purchase Agreement (Answers CORP), Purchase Agreement (Answers CORP)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Agilysys Inc), Support Agreement (Witness Systems Inc), Agreement and Plan of Merger (WebMD Health Corp.)

Remedies Cumulative. Except as otherwise provided herein in this letter agreement, any and all remedies herein in this letter agreement expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 6 contracts

Samples: Schiff Nutrition International, Inc., Schiff Nutrition International, Inc., Shepard Vision, Inc.

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of to any other remedy conferred hereby by this Agreement, or by law or equity upon applicable Law on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 6 contracts

Samples: Support Agreement (Bears Holding Sub, Inc.), Support Agreement (Rti Surgical, Inc.), Support Agreement (Bears Holding Sub, Inc.)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party Party, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.

Appears in 5 contracts

Samples: Call Option Agreement (Isis Pharmaceuticals Inc), Master Development and License Agreement (Elite Pharmaceuticals Inc /Nv/), Master Development and License Agreement (Elite Pharmaceuticals Inc /Nv/)

Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 5 contracts

Samples: Acquisition Agreement (Autobytel Inc), Acquisition Agreement (Autobytel Inc), Agreement and Plan of Merger (Pegasystems Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred confirmed hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Stratus Services Group Inc), Asset Purchase Agreement (Stratus Services Group Inc), Asset Purchase Agreement (Stratus Services Group Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Nuance Communications, Inc.), Agreement and Plan of Merger (Linkedin Corp), Agreement and Plan of Merger (RealPage, Inc.)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party part of any one remedy will not preclude the exercise of any other remedy.

Appears in 4 contracts

Samples: Manufacturing Agreement (Laser Photonics Inc), Master Technology Agreement (Laser Photonics Inc), Manufacturing Agreement (Laser Photonics Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedy remedy and nothing in this Agreement shall be deemed a waiver by any party of any right to specific performance or injunctive relief.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Critical Path Inc), Asset Purchase Agreement (Arris Group Inc), Asset Purchase Agreement (Global Health Voyager Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of to any other remedy conferred hereby by this Agreement, or by law or equity upon applicable Requirements of Law on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 3 contracts

Samples: Support Agreement (RTI Surgical Holdings, Inc.), Support Agreement (RTI Surgical Holdings, Inc.), Support Agreement (RTI Surgical Holdings, Inc.)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (FGX International Holdings LTD), Agreement and Plan of Merger (Essilor International /Fi), Merger Agreement (UTi WORLDWIDE INC)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 3 contracts

Samples: Master Transaction Agreement (RTI Surgical Holdings, Inc.), Master Transaction Agreement (Rti Surgical, Inc.), Purchase and Sale Agreement (CION Investment Corp)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Applicable Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (CareDx, Inc.), Agreement and Plan of Merger (CareDx, Inc.), Agreement and Plan of Merger (CareDx, Inc.)

Remedies Cumulative. Except as otherwise provided ------------------- herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (DentalServ.com), Agreement and Plan of Merger (DentalServ.com), Purchase Agreement (Naviant Inc)

Remedies Cumulative. Except as otherwise provided in Section 9.2(c) or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Stanley, Inc.), Agreement and Plan of Merger (Teva Pharmaceutical Industries LTD), Agreement and Plan of Merger (Invitrogen Corp)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby by this Agreement, or by law or equity upon applicable Law on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 3 contracts

Samples: Form of Support Agreement (Castlight Health, Inc.), Form of Stockholder Agreement (Castlight Health, Inc.), Support Agreement (Symantec Corp)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.

Appears in 3 contracts

Samples: Company Shareholder Voting Agreement (Rudolph Technologies Inc), Parent Stockholder Voting Agreement (August Technology Corp), Form of Voting Agreement (Novamed Inc)

Remedies Cumulative. Except as otherwise provided herein, All remedies in any and all remedies herein of the Financing Agreements expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 3 contracts

Samples: Collaboration and License Agreement (Affymax Inc), Collaboration and License Agreement (Affymax Inc), Collaboration and License Agreement (Affymax Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party Party, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy , except as expressly set forth herein.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Nordhagen Arlen Dale), Agreement and Plan of Merger (National Storage Affiliates Trust), Agreement and Plan of Merger (Nordhagen Arlen Dale)

Remedies Cumulative. Except as otherwise provided herein herein (and specifically with respect to the remedy provided upon a termination by Parent pursuant to Section 7.3(b)(i)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Novellus Systems Inc), Agreement and Plan of Reorganization (Speedfam Ipec Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law applicable Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Merit Medical Systems Inc), Agreement and Plan of Merger (Quality Systems, Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party Party, and the exercise by a party Party hereto of any one remedy will shall not preclude the exercise of any other remedy remedy and nothing in this Agreement shall be deemed a waiver by any Party of any right to specific performance or injunctive relief.

Appears in 2 contracts

Samples: Asset Transfer Agreement (Otonomy, Inc.), Asset Transfer Agreement (Otonomy, Inc.)

Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.

Appears in 2 contracts

Samples: Voting Agreement (LEO Pharma a/S), Voting Agreement (Peplin Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity equity, upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (NightHawk Radiology Holdings Inc), Stock and Partnership Interest Purchase Agreement (NightHawk Radiology Holdings Inc)

Remedies Cumulative. Except as otherwise provided herein, ------------------- any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 2 contracts

Samples: Purchase Agreement (Naviant Inc), Agreement and Plan of Reorganization (Netcentives Inc)

Remedies Cumulative. Except as otherwise provided herein, any ------------------- and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Data Critical Corp), Agreement and Plan of Merger (Data Critical Corp)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy . Nothing in this Agreement is intended to, or shall, limit any party’s liability for fraud.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Shamir Optica Holdings A.C.S. Ltd.), Agreement and Plan of Merger (Essilor International /Fi)

Remedies Cumulative. Except as otherwise provided herein , including without limitation Section 7(a)(iv), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Agrify Corp), Agreement and Plan of Merger (Agrify Corp)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy . . 8.8

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Rational Software Corp), Agreement and Plan of Reorganization (Avant Corp)

Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity equity, upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 2 contracts

Samples: Agreement and Plan of Share Exchange (GreenHouse Holdings, Inc.), Stock Purchase Agreement (National Automation Services Inc)

Remedies Cumulative. Except as otherwise provided herein, and subject to the terms and conditions set forth herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Castlight Health, Inc.), Agreement and Plan of Merger (Cloudera, Inc.)

Remedies Cumulative. Except as otherwise provided herein that the Escrow is sole remedy for breaches of representations, warranties and covenants, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ariba Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy . . 10.6

Appears in 1 contract

Samples: Agreement and Plan of Merger (Qualcomm Inc/De)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy . . 11.7

Appears in 1 contract

Samples: Stock Purchase Agreement (Business Resource Group)

Remedies Cumulative. Except as otherwise provided herein herein (including pursuant to Section 9.8(b)), any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Omnicomm Systems Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party Party, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy remedy and nothing in this Agreement shall be deemed a waiver by any Party of any right to specific performance or injunctive relief.

Appears in 1 contract

Samples: Asset Purchase Agreement (Rhythm Pharmaceuticals, Inc.)

Remedies Cumulative. Except as Unless otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Acquisition Option Agreement (Wilson Holdings, Inc.)

Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred ----- ------------------- upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Stock Purchase Agreement (Actuate Corp)

Remedies Cumulative. Except as otherwise provided set forth herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Asset Purchase Agreement (Homeaway Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy . . * * *

Appears in 1 contract

Samples: Agreement and Plan of Merger (Granahan McCourt Acquisition CORP)

Remedies Cumulative. Except as otherwise expressly provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby conferred, or by law Law or equity upon such party Party, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Merger

Remedies Cumulative. Except as otherwise provided herein Without limiting Section 4(a), any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Supplemental Agreement (Romeo Power, Inc.)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nuvasive Inc)

Remedies Cumulative. Except as otherwise provided herein herein (and -------------------- specifically with respect to the remedy provided upon a termination by any party pursuant to Section 7.3(b)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Cardiotech International Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Applicable Law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Consulting Agreement (pSivida Corp.)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby by this Agreement, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedy remedy and nothing herein shall be deemed a waiver by any party of any right to specific performance or injunctive relief.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Howard Bancorp Inc)

Remedies Cumulative. Except as provided in Article IX or as otherwise ------------------- provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lynch Interactive Corp)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law, or equity upon such party Party, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Share Purchase Agreement (Factset Research Systems Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law Law or equity upon such party, Party and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Business Combination Agreement (Cogint, Inc.)

Remedies Cumulative. Except as otherwise provided herein , including the limitations expressly imposed by Article IX, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Entorian Technologies Inc)

Remedies Cumulative. Except as otherwise provided herein , including the limitations described in Sections 8.3, 8.5, and 8.6, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Applicable Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Toro Co)

Remedies Cumulative. Except as otherwise provided herein herein (including pursuant to Section 8.2), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity equity, upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Omeros Corp)

Remedies Cumulative. Except as otherwise provided herein herein (and --------------------- specifically with respect to the remedy provided upon a termination by any party pursuant to Section 7.3(b)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Voting Agreement (Gish Biomedical Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy . . (h)

Appears in 1 contract

Samples: Voting Agreement (Diversified Restaurant Holdings, Inc.)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy . . 11.6

Appears in 1 contract

Samples: Share Purchase Agreement (Codex DNA, Inc.)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive exclusive, of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Asset Purchase Agreement (Quickturn Design Systems Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party in this Agreement will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Stock Purchase Agreement (Collagen Aesthetics Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Stock Purchase Agreement (White Mountains Insurance Group LTD)

Remedies Cumulative. Except as otherwise expressly provided herein herein (e.g., Section 8.10), any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Forgent Networks Inc)

Remedies Cumulative. Except as otherwise provided herein in this Agreement, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Forest Laboratories Inc)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a any party hereto will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a any party hereto of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Asset Purchase Agreement (G Iii Apparel Group LTD /De/)

Remedies Cumulative. Except as otherwise provided in Section 8.2, Section 9.2(c), Section 10.10 or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Vangent, Inc.)

Remedies Cumulative. Except as Unless otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party Party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Contribution Agreement (Enovation Controls, Inc.)

Remedies Cumulative. Except as otherwise provided herein, any and ------------------- all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive exclusive, of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Asset Purchase Agreement (Synopsys Inc)

Remedies Cumulative. Except as otherwise provided in Section 9.2(c) or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Amgen Inc)

Remedies Cumulative. Except as otherwise provided in Section 9.2(f) or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Applicable Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gilead Sciences Inc)

Remedies Cumulative. Except as otherwise provided herein herein (including and subject to Section 8.7), any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedy remedy and nothing in this Agreement shall be deemed a waiver by any party of any right to specific performance or injunctive relief.

Appears in 1 contract

Samples: Stock Purchase Agreement (New York Times Co)

Remedies Cumulative. Except as otherwise provided herein herein and without limiting Section 8.6, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Axos Financial, Inc.)

Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be de deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Share Purchase Agreement (Cisco Systems Inc)