Common use of Availability of Equitable Relief Clause in Contracts

Availability of Equitable Relief. Notwithstanding the foregoing provisions of this Article 16, the Company and the Members acknowledge that a material breach of this Agreement, the Program Supply Agreement or the Distribution Agreement by a party thereto may result in irreparable harm to the Company or a Member for which there is no adequate remedy at law. Accordingly, if the Company or any Member reasonably believes that the Company or another Member, as the case may be, (i) has materially breached this Agreement, the Program Supply Agreement or the Distribution Agreement and (ii) said breach will create irreparable harm to such Person for which there is not adequate remedy at law, the allegedly harmed party shall be entitled to preliminary, temporary or permanent equitable relief in any Federal or State Court of competent jurisdiction located in the State of California.