Common use of Availability of Equitable Relief Clause in Contracts

Availability of Equitable Relief. Each of the Parties hereto recognizes that irreparable injury will result from a breach of any provision of this Agreement and that money damages will be inadequate to fully remedy the injury. In order to prevent such irreparable injury, the arbitrators selected pursuant to Section 6.3 shall have the power to grant temporary or permanent injunctive or other equitable relief. Notwithstanding Section 6.3, prior to the appointment of the arbitrators, a party hereto may, subject to this Section 6.5, seek temporary injunctive relief from any court of competent jurisdiction; provided that the party seeking such relief shall (if arbitration has not already been commenced) simultaneously commence arbitration in compliance with the dispute resolution procedures. Such court ordered relief shall not continue more than 10 days after the appointment of the arbitrators (or in any event for longer than 60 days).

Appears in 3 contracts

Samples: Delivery and Services Agreement (PBF Energy Inc.), Delivery and Services Agreement (PBF Energy Inc.), Intercreditor Agreement (PBF Energy Inc.)

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Availability of Equitable Relief. Each of the Parties parties hereto recognizes that irreparable injury will result from a breach of any provision of this Agreement and that money damages will be inadequate to fully remedy the injury. In order to prevent such irreparable injury, the arbitrators selected pursuant to Section 6.3 the Dispute Resolution Procedures shall have the power to grant temporary or permanent injunctive or other equitable relief. Notwithstanding Section 6.312.9, prior to the appointment of the arbitrators, a party hereto may, subject to this Section 6.512.8, seek temporary injunctive relief from any court of competent jurisdiction; provided that the party seeking such relief shall (if arbitration has not already been commenced) simultaneously commence arbitration in compliance with the dispute resolution proceduresDispute Resolution Procedures. Such court ordered relief shall not continue more than 10 ten (10) days after the appointment of the arbitrators (or in any event for longer than 60 sixty (60) days).

Appears in 2 contracts

Samples: Asset Purchase Agreement (PBF Energy Inc.), Asset Purchase Agreement (PBF Energy Inc.)

Availability of Equitable Relief. Each of the Parties hereto recognizes that irreparable injury will result from a breach of any provision paragraph 24 of this Agreement these General Conditions and that money damages will be inadequate to fully remedy the injury. In order to prevent such irreparable injury, the arbitrators selected pursuant to Section 6.3 paragraph 21 shall have the power to grant temporary or permanent injunctive or other equitable relief. Notwithstanding Section 6.3paragraph 21, prior to the appointment of the arbitrators, a party hereto may, subject to this Section 6.5paragraph 22, seek temporary injunctive relief from any court of competent jurisdiction; provided that the party seeking such relief shall (if arbitration has not already been commenced) simultaneously commence arbitration in compliance with the dispute resolution procedures. Such court ordered relief shall not continue more than 10 days after the appointment of the arbitrators (or in any event for longer than 60 days).

Appears in 2 contracts

Samples: Offtake Agreement (Alon Refining Krotz Springs, Inc.), Offtake Agreement (Alon USA Energy, Inc.)

Availability of Equitable Relief. Each of the Parties parties hereto recognizes that irreparable injury will may result from a breach of any provision of this Agreement and that money damages will may be inadequate to fully remedy the injury. In order to prevent such irreparable injury, the arbitrators selected pursuant to Section 6.3 the Dispute Resolution Procedures shall have the power to grant temporary or permanent injunctive or other equitable relief. Notwithstanding Section 6.38.11, prior to the appointment of the arbitrators, a party Party hereto may, subject to this Section 6.5, may seek temporary injunctive relief from any court of competent jurisdiction; provided that the party seeking such relief shall (if arbitration has the procedures for dispute resolution have not already been commenced) simultaneously commence arbitration the procedures for dispute resolution in compliance with the dispute resolution proceduresDispute Resolution Procedures. Such court ordered relief shall not continue more than 10 ten (10) days after the appointment of the arbitrators (or in any event for longer than 60 days)arbitrators.

Appears in 1 contract

Samples: Contribution Agreement (Petroleum Development Corp)

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Availability of Equitable Relief. Each of the Parties hereto parties to this Agreement recognizes that irreparable injury will result from a breach of any provision of this Agreement and that money damages will be inadequate to fully remedy the injury. In order to prevent such irreparable injury, the arbitrators selected pursuant to Section 6.3 the Dispute Resolution Procedures shall have the power to grant temporary or permanent injunctive or other equitable relief. Notwithstanding Section 6.3, prior Prior to the appointment of the arbitrators, a party hereto to this Agreement may, subject to notwithstanding any other provision of this Section 6.5Agreement, seek temporary injunctive relief from any court of competent EXECUTION VERSION jurisdiction; provided that the party seeking such relief shall (if arbitration has not already been commenced) simultaneously commence arbitration in compliance with the dispute resolution proceduresDispute Resolution Procedures. Such court ordered relief shall not continue more than 10 days after the appointment of the arbitrators (or in any event for longer than 60 days.).

Appears in 1 contract

Samples: Sale and Purchase Agreement (Lyondell Chemical Co)

Availability of Equitable Relief. Each of the Parties parties hereto recognizes that irreparable injury will result from a breach of any provision of this Agreement and that money damages will be inadequate to fully remedy the injury. In order to prevent such irreparable injury, the arbitrators selected pursuant to Section 6.3 the Dispute Resolution Procedures shall have the power to grant temporary or permanent injunctive or other equitable relief. Notwithstanding Section 6.311.9, prior to the appointment of the arbitrators, a party hereto may, subject to this Section 6.511.8, seek temporary injunctive relief from any court of competent jurisdiction; provided that the party seeking such relief shall (if arbitration has not already been commenced) simultaneously commence arbitration in compliance with the dispute resolution proceduresDispute Resolution Procedures. Such court ordered relief shall not continue more than 10 days after the appointment of the arbitrators (or in any event for longer than 60 days).

Appears in 1 contract

Samples: Stock Purchase Agreement (Alon USA Energy, Inc.)

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