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66. In the event of termination, is the terminating party required to reimburse the expenses of the other
party, in addition to any break fee?
(a) Yes (20%)
(b) No (80%)
67. In the event of termination, is the non-terminating party able to sue for breaches of covenants and
representations, even if a break fee has been paid?
(a) Yes in all cases (14%)
(b) Yes, but only if the breach was willful (55%)
(c) No (31%)
68. In the event of termination by the Purchaser, can the Target make a claim for damages to the
shareholders even if the Purchaser has paid a break fee?
(a) No (67%)
(b) Yes (33%)
69. Is specific performance available as a remedy to both parties?
(a) Yes (73%)
(b) No (27%)
70. If available, is specific performance excluded where a break fee has been paid?
(a) Yes (36%)
(b) No (64%)
