Ancillary Remedies Sample Clauses

Ancillary Remedies. Other than the express limitations on remedies set forth in this Agreement (including without limitation Section (c) hereof), nothing set forth herein shall preclude a party from seeking any ancillary judicial remedies (including filing a lis pendens or seeking specific performance if and when permitted by the express terms of this Agreement) from a court of competent jurisdiction without a jury.
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Ancillary Remedies. Notwithstanding the foregoing, in the event that Interplay cancels more than *** of the *** Named Titles or a month delay from the anticipated release date (as noted in Exhibit B) with respect to *** or more of the Named Titles occurs, then UNIVERSAL may elect one (and only one) of the following remedies : *** For the purposes of this section, the various marketing plans and forecasting reports as provided herein shall be used to determine the value of such cancelled or delayed titles. UNIVERSAL acknowledges and agrees that delays and/or cancellations as provided herein shall not constitute a Default, as provided herein.
Ancillary Remedies. No provision hereof shall limit the right of either Party to obtain provisional or ancillary remedies, including without limitation injunctive relief, attachment or the appointment of a receiver, from a court of competent jurisdiction before, after or during
Ancillary Remedies. As an exception to the exclusivity of the procedures ------------------ set forth in this Article 18, the Parties hereby agree that each shall have the right to seek temporary, provisional or ancillary remedies, such as temporary injunctive relief, from any court having jurisdiction, before and during the pendency of any arbitration.
Ancillary Remedies. No provision of this Section 12 shall limit the right of a party to this Agreement to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration. The exercise of a remedy does not waive the right of any party to resort to arbitration. The parties acknowledge that for the purposes of this Agreement (a) preliminary injunctions, appointments of receivers, attachments, temporary protective orders, and writs of possession constitute "provisional remedies," and (b) judicial actions to enforce a decision reached pursuant to this Section constitute "ancillary remedies."

Related to Ancillary Remedies

  • Warranty Remedies Contractor acknowledges that all warranties granted to the Department by the Uniform Commercial Code of the State of Utah apply to the Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to the Contract. For any goods or service that the Department determines does not conform with this warranty, the Department may arrange to have the item repaired or replaced, or the service performed either by Contractor or by a third party at the Department's option, at Contractor's expense. If any item or services does not conform to this warranty, Contractor shall refund the full amount of any payments made. Nothing in this warranty will be construed to limit any rights or remedies the Department may otherwise have under the contract.

  • Other Remedies 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.

  • No Waiver; Remedies No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

  • No Waiver; Cumulative Remedies No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any Lender, any right, remedy, power or privilege hereunder or under the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

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