OTHER LAWS,
RULES OR REGULATIONS (INCLUDING THE RULES OF ANY SECURITIES EXCHANGE) AS MAY BE
DETERMINED BY THE COMPANY TO BE APPLICABLE ARE SATISFIED.
15.
REMEDIES.
BOTH PARTIES SHALL BE ENTITLED TO ENFORCE THEIR RIGHTS
UNDER THIS AGREEMENT SPECIFICALLY, TO RECOVER DAMAGES AND COSTS BY REASON OF ANY
BREACH OF ANY PROVISION OF THIS AGREEMENT AND TO EXERCISE ALL OTHER RIGHTS
EXISTING IN ITS FAVOR. THE PARTIES AGREE AND ACKNOWLEDGE THAT MONEY DAMAGES
WOULD NOT BE AN ADEQUATE REMEDY FOR CERTAIN BREACHES OF THE PROVISIONS OF THIS
AGREEMENT AND THAT THE EITHER PARTY MAY, IN ITS SOLE DISCRETION, AND WITHOUT
AFFECTING ANY OTHER RIGHTS IT MAY HAVE AT LAW, APPLY TO ANY COURT OF COMPETENT
JURISDICTION FOR SPECIFIC PERFORMANCE AND/OR INJUNCTIVE RELIEF (WITHOUT POSTING
A BOND OR OTHER SECURITY) IN ORDER TO ENFORCE OR PREVENT ANY VIOLATION OF THE
PROVISIONS OF THIS AGREEMENT.
16.
GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED
IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK (WITHOUT GIVING EFFECT TO
PRINCIPLES OF CONFLICTS OF LAWS).
17.
COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED IN ONE OR MORE
COUNTERPARTS, AND EACH SUCH COUNTERPART SHALL BE DEEMED TO BE AN ORIGINAL, BUT
ALL SUCH COUNTERPARTS TOGETHER SHALL CONSTITUTE BUT ONE AGREEMENT.
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18.
ENTIRE AGREEMENT.
THIS AGREEMENT (AND THE OTHER WRITINGS
INCORPORATED BY REFERENCE HEREIN, INCLUDING THE TRANSITION AGREEMENT)
CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT
MATTER HEREOF AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS WRITTEN OR ORAL
NEGOTIATIONS, COMMITMENTS, REPRESENTATIONS, AND AGREEMENTS WITH RESPECT THERETO.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
CURATIVE HEALTH SERVICES, INC,
By:
/s/ Thomas Axmacher
Name:
Thomas Axmacher
Title:
Chief Financial Officer
EMPLOYEE
/s/ Joseph L. Feshbach - 11/10/04
Joseph L. Feshbach
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