Declaratory or Injunctive Relief. (a) So long as the Authority has not terminated the Stadium Lease (unless the Team Use Agreement remains in effect), terminated StadCo’s right of possession of the Stadium under the Stadium Lease (unless the Team Use Agreement remains in effect) or recovered liquidated damages pursuant to Section 4.4 hereof (if the Authority has chosen to pursue any of such remedies), the Authority or other express beneficiary of this Non- Relocation Agreement shall be entitled to seek injunctive relief prohibiting or mandating action by TeamCo in accordance with, or declaratory relief with respect to, the covenants or agreements set forth in Article 3 of this Non-Relocation Agreement. In addition, TeamCo (i) recognizes that the Authority owns the Stadium, certain taxes have been imposed by the County, and certain debt is being incurred by the County in order to permit the construction and development of the Stadium and the playing of NFL Home Games in the Stadium during the Non-Relocation Term in accordance with Article 2 of this Non-Relocation Agreement, and (ii) acknowledges and agrees that monetary damages could not be calculated to compensate the Authority for any breach by TeamCo of the covenants or agreements contained in Article 3 of this Non-Relocation Agreement. Accordingly, TeamCo agrees that (A) the Authority may restrain or enjoin any breach or threatened breach of any covenant or agreement of TeamCo contained in Article 3 of this Non-Relocation Agreement without the necessity of posting a bond or other security and without any further showing of irreparable harm, balance of xxxxx, consideration of the public interest or the inadequacy of monetary damages as a remedy, (B) the administration of an order for injunctive relief would not be impractical and, in the event of any breach of any covenant or agreement contained in Article 3 of this Non-Relocation Agreement, the balance of hardships would weigh in favor of entry of injunctive relief,
Declaratory or Injunctive Relief. In addition to the remedies set forth in this Article 12, the Parties shall be entitled, in any circumstances they may deem appropriate, without the necessity of proving irreparable harm, balance of claims, consideration of the public interest, establishing that monetary damages are inadequate or the posting of a bond, to seek (i) injunctive relief, whether prohibiting or mandating, action by the other Party for any Event Default of the other Party or as otherwise expressly provided herein or (ii) declaratory relief with respect to any matter under this Lease Agreement. Each of the Parties hereby agrees and irrevocably stipulates that the rights of each Party to injunctive relief pursuant to this Lease Agreement, including this Article 12.06, shall not constitute a "claim" pursuant to Section 101(5) of the United States Bankruptcy Code and shall not be subject to discharge or restraint of any nature m any bankruptcy proceeding involving the Party to which any such injunctive relief applies.
Declaratory or Injunctive Relief. In addition to the remedies set forth in this Article 13, the Owner shall be entitled, in any circumstances it may deem appropriate, to seek injunctive relief prohibiting (rather than mandating) action by the Developer for any Event of Default or declaratory relief with respect to any matter under this Developer Agreement for which such remedy is available hereunder or at law or in equity.
Declaratory or Injunctive Relief. (a) Upon the occurrence of a Non-Relocation Default, the City shall be entitled to seek injunctive relief prohibiting or mandating action by the Owner in accordance with, or declaratory relief with respect to, the Non-Relocation Covenants.
Declaratory or Injunctive Relief. In addition to the remedies set forth in this Article 8, the Parties shall be entitled, in any circumstances they may deem appropriate, without the necessity of proving irreparable harm, balance of claims, consideration of the public interest, establishing that monetary damages are inadequate or the posting of a bond, to seek
Declaratory or Injunctive Relief. Nothing in clause 12 shall prejudice the right of either party to institute proceedings to enforce payment due under this Deed or to seek injunctive or urgent declaratory relief in respect of a dispute arising under or in connection with this Deed.
Declaratory or Injunctive Relief. (a) The Authority or any express beneficiary of the Authority’s rights under this Non-Relocation Agreement shall be entitled to seek injunctive relief prohibiting or mandating action by TeamCo in accordance with, or declaratory relief with respect to, the covenants or agreements set forth in Article 3 of this Non-Relocation Agreement; provided, however, injunctive or declaratory relief is not an available remedy if the Authority has terminated the Stadium Lease and has not agreed to recognize the Team Use Agreement pursuant to the terms of Section 17.1(b)(iii) of the Stadium Lease; provided, further, injunctive or declaratory relief, including specific performance, is not an available remedy (other than in the case of a Specified Relocation Default) where specific performance would result in noncompliance with the MLB Rules by TeamCo, StadCo, the Team or the Authority (so long as the MLB Rules are applied by MLB without discrimination in application to the Team or Stadium).
