Arbitration; Injunctive Relief Sample Clauses
The "Arbitration; Injunctive Relief" clause establishes that disputes arising under the agreement will be resolved through arbitration rather than litigation in court. Typically, this means that if a disagreement occurs, the parties must submit their claims to a neutral arbitrator, whose decision is usually binding, and cannot immediately file lawsuits in court. However, the clause often carves out an exception for injunctive relief, allowing either party to seek a court order to prevent immediate harm or protect confidential information while the arbitration process is ongoing. This clause streamlines dispute resolution, reduces litigation costs, and ensures urgent matters can still be addressed promptly by the courts.
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Arbitration; Injunctive Relief. Any controversy or claim arising out of or relating to this Agreement, directly or indirectly, or the performance or breach thereof, will be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration will be held in New York, New York, or such other place as may be agreed upon at the time by the parties to the arbitration. The parties shall bear their own expenses in connection with any arbitration or proceeding arising out of or relating to this Agreement, directly or indirectly, or the performance or breach thereof; provided, however, that in the event that the Employee substantially prevails, the Company agrees promptly to reimburse the Employee for all expenses (including costs and fees of witnesses, evidence and attorneys fees and expenses) reasonably incurred by him in investigating, prosecuting, defending, or preparing to prosecute or defend any action, proceeding or claim arising out of or relating to this Agreement, directly or indirectly, or the performance or breach thereof. The parties acknowledge and agree that a breach of Employee's obligations under Sections 14 or 15 could cause irreparable harm to Company for which Company would have no adequate remedy at law, and further agree that, notwithstanding the agreement of the parties to arbitrate controversies or claims as set forth above, the Company may apply to a court of competent jurisdiction to seek to enjoin preliminarily or permanently any breach or threatened breach of the Employee's obligations under Sections 14 and 15.
Arbitration; Injunctive Relief. Any disputes arising under the terms of this Agreement shall be settled by binding arbitration between the parties in the Wexford, Pennsylvania area in a proceeding held under the rules of the American Arbitration Association. The arbitrators shall have no authority to grant either party any consequential, incidental, punitive or special damages. Notwithstanding the foregoing provisions of this Section 11(b), recognizing the irreparable damage will result to the Protected Parties in the event of the breach or threatened breach of any of the covenants in Section 7 hereof, and that the Protected Parties’ remedies at law for any such breach or threatened breach will be inadequate, the Protected Parties, in addition to such other remedies which may be available to it (including, without, limitation immediate cessation of the Severance Payments), shall be entitled to an injunction, including a mandatory injunction, to be issued by any court of competent jurisdiction ordering compliance with this Agreement or enjoining and restraining Executive from the continuation of such breach.
Arbitration; Injunctive Relief. (a) Any claim, dispute, controversy or other matter in question with regard to this Agreement that cannot be resolved by negotiation between the parties shall be submitted to arbitration in accordance with the rules and regulations of the American Arbitration Association; provided, however, that (1) submission of any such claim, dispute, controversy or other matter in question to the American Arbitration Association shall not be required if the parties agree upon another arbitration forum, (2) the foregoing shall not preclude either party from pursuing all available administrative, judicial or other remedies for infringement of a registered patent, trademark, service mark or copyright,
Arbitration; Injunctive Relief. The parties agree that any dispute arising with respect to the provisions of this Agreement shall be decided by binding arbitration in ▇▇▇’▇ Summit, Missouri, in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (“Rules”), by a single arbitrator agreed upon by the parties hereto or, in the absence of such agreement, by an arbitrator selected according to the Rules. Judgment upon the award entered by such arbitrator shall be entered in any court having jurisdiction thereof upon the application of either party. The parties agree to use their reasonable best efforts to have such arbitration completed as soon as is reasonably practicable. The expense of such arbitration is to be paid 100% by the Crew. Notwithstanding the foregoing, Crew expressly agrees that Company shall be entitled to bring an action in an appropriate court for injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by Crew. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights, or remedies that Company may have for damages or otherwise. The various rights and remedies of Company under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.
Arbitration; Injunctive Relief. 8.1 Except as to issues relating to the validity, construction or effect of any patent licensed hereunder, any and all claims, disputes or controversies arising under, out of, or in connection with this Agreement, which have not been resolved by communication between the parties, shall be resolved by final and binding arbitration in Boston, Massachusetts under the rules of the American Arbitration Association then obtaining. The arbitrators shall have no power to add to, subtract from or modify any of the terms or conditions of this Agreement. Any award rendered in such arbitration may be enforced by either party in either the courts of the Commonwealth of Massachusetts or in the United States District Court for the District of Massachusetts, to whose jurisdiction for such purposes Licensor and Licensee each hereby irrevocably consents and submits.
8.2 Claims, disputes or controversies concerning the validity, construction or effect of any patent licensed hereunder shall be resolved in any court having jurisdiction thereof.
8.3 In the event that, in any arbitration proceeding, any issue shall arise concerning the validity, construction or effect of any patent licensed hereunder, the arbitrators shall assume the validity of all claims as set forth in such patent, and the arbitrators shall not delay the arbitration proceeding for the purpose of obtaining or permitting either party to obtain judicial resolution of such issue, unless an order staying such arbitration proceeding shall be entered by a court of competent jurisdiction. Neither party shall raise any issue concerning the validity, construction or effect of any patent licensed hereunder in any proceeding to enforce any arbitration award hereunder or in any proceeding otherwise arising out of any such arbitration award.
8.4 Notwithstanding the foregoing, nothing in this Article 8 shall be construed to waive any rights or timely performance of any obligations existing under this Agreement. Furthermore, nothing in this Article 8 shall be construed to waive the right of Licensee to obtain, in addition to any and all other remedies available to it at law or equity, injunctive relief to enforce the exclusivity of the rights, privileges and license granted to it hereunder. In that regard, Licensor acknowledges that any grant or attempted grant by it to grant to any other person or entity a license or other right to use the Technology or the Patent Rights for any medical purpose will cause irreparable damage...
Arbitration; Injunctive Relief. 19.1 Any controversy or claim between or among the parties relating to this Agreement shall be determined by arbitration in accordance with the Arbitration Rules of Canadian and American Arbitration Associations. The panel shall consist of at least three (3) arbitrators. Any such arbitration hearing shall be held in local regions of U-Vend Inc., unless the parties mutually agree otherwise. Notwithstanding the foregoing, Master Distributor acknowledges and agrees that U-Vend Inc. would be damaged irreparably in the event Master Distributor fails or refuses to perform its obligations hereunder. Accordingly, Master Distributor agrees that U-Vend Inc. shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement, including without limitation Sections 2, 7, 10, 11, 13, 16, 17 and 18, by U-Vend and to enforce specifically this Agreement and the terms and provisions hereof without bond or other security being required in any court in Canada or the United States or, this being in addition to any other remedy to which U-Vend is entitled at law or in equity.
Arbitration; Injunctive Relief. (a) Any claim, dispute, controversy or other matter in question with regard to this Agreement that cannot be resolved by negotiation between the parties shall be submitted to arbitration in accordance with the rules and regulations of the American Arbitration Association; provided, however, that (1) submission of any such claim, dispute, controversy or other matter in question to the American Arbitration Association shall not be required if the parties agree upon another arbitration forum, (2) the foregoing shall not preclude either party from pursuing all available administrative, judicial or other remedies for infringement of a registered patent, trademark, service ▇▇▇▇ or copyright, (3) the parties shall not submit claims for punitive damages, and do hereby waive any right to the same and (4) the arbitrators shall not be authorized to award punitive damages. In the event that arbitration is unavailable, the provisions of Section 15 regarding jurisdiction and venue shall govern. Notwithstanding the preceding or Section 16 below,
(i) nothing in this Section 13 shall limit the ability of a party to seek an injunction or other equitable relief in any court having jurisdiction and (ii) a judgment in a dispute, claim, controversy, suit or proceeding may be enforced in other courts in other jurisdictions or in any other manner provided by law.
(b) Notwithstanding anything to the contrary in this Agreement, Academic Institution acknowledges that any breach of Section 1 or Section 11 would cause immediate and irreparable harm to FINRA for which monetary damages could not adequately compensate and that, in addition to all other remedies available at law or in equity, FINRA shall be entitled to injunctive relief without proof of damages or the posting of bond or other security in the event of such a breach or threatened breach.
Arbitration; Injunctive Relief. Except as otherwise provided in Section 8 hereof, any dispute or controversy arising under this Agreement and relating to damages shall be settled by submitting the same to arbitration under the commercial rules of the American Arbitration Association, as then in effect, in Alexandria, Virginia. Any decision or determination from such an arbitration proceeding shall be final and binding and may be entered in any court having jurisdiction thereof, unless the decision or determination is in manifest disregard of the applicable law. Employee and Employer acknowledge, however, that in many situations damages are an inadequate remedy at law for the breach of many of the terms hereof (including, but not limited to, the covenants of Employee contained in Sections 6 and 7 hereof) and, accordingly, Employer is hereby granted and shall have the right of injunction (any requirements for posting of bonds for injunction are hereby expressly waived), and such other and further relief in equity as Employer may be entitled to receive under the laws of the Commonwealth of Virginia, in the event Employee breaches or threatens to breach any of the covenants or agreements contained herein. In the event any provisions hereof shall be modified or held ineffective by any arbitrator or any court in any respect, such determination or adjudication shall not invalidate or render ineffective the balance of the provisions hereof, and the provisions hereof shall be enforced to the maximum extent allowed by law.
Arbitration; Injunctive Relief. CLASS ACTIONS, AND VENUE
Arbitration; Injunctive Relief. Any controversy or claim between or among the parties relating to this Agreement shall be determined by arbitration in accordance with the Arbitration Rules of American Arbitration Association. The panel shall consist of at least three (3) arbitrators. Any such arbitration hearing shall be held in New York, New York, unless the parties mutually agree otherwise. Notwithstanding the foregoing, Distributor acknowledges and agrees that Supplier would be damaged irreparably in the event Distributor fails or refuses to perform its obligations hereunder. Accordingly, Distributor agrees that Supplier shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement, including without limitation Sections 2, 7, 10, 11, 13, 16, 17 and18, by Distributor and to enforce specifically this Agreement and the terms and provisions hereof without bond or other security being required in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which Supplier is entitled at law or in equity.