ARISING, AND WHETHER SOUNDING IN
CONTRACT, TORT OR OTHERWISE.
THE PARTIES AGREE THAT ANY OF THEM MAY FILE A COPY
OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN
4
EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG THE PARTIES
IRREVOCABLY TO WAIVE ITS RIGHT TO TRIAL BY JURY IN ANY PROCEEDING WHATSOEVER
BETWEEN THEM RELATING TO THIS AGREEMENT WILL INSTEAD BE TRIED IN A COURT OF
COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
3.15.
SPECIFIC PERFORMANCE.
THE PARTIES TO THIS AGREEMENT AGREE THAT IF
ANY OF THE PROVISIONS OF THIS AGREEMENT WERE NOT PERFORMED IN ACCORDANCE WITH
THEIR SPECIFIC TERMS, OR WERE OTHERWISE BREACHED, IRREPARABLE DAMAGE MAY OCCUR
WHICH WOULD BE EXTREMELY IMPRACTICAL OR DIFFICULT TO MEASURE AND THAT AS A
RESULT NO ADEQUATE REMEDY OF LAW MAY EXIST; ACCORDINGLY THE NON-DEFAULTING
PARTY, IN ADDITION TO ANY OTHER AVAILABLE RIGHTS OR REMEDIES, SHALL HAVE THE
RIGHT TO SEEK, IN A COURT OF COMPETENT JURISDICTION, SPECIFIC PERFORMANCE OF THE
TERMS OF THIS AGREEMENT.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, duly authorized representatives of the Parties have duly
executed this Agreement to be effective as of the Effective Date.
CRDENTIA CORP.
By
Name:
Title:
MEDCAP PARTNERS L.P.
By
Name:
Title:
C. FRED TONEY
By
JAMES D. DURHAM, as sole and separate property
By
[SIGNATURE PAGE TO RIGHT OF FIRST NEGOTIATION]