Continued Performance; Provisional Remedies Clause Samples
The "Continued Performance; Provisional Remedies" clause requires parties to continue fulfilling their contractual obligations even if a dispute arises, unless the contract is terminated or a court orders otherwise. In practice, this means that neither party can suspend performance simply because they are in disagreement or pursuing legal action, and the clause may also allow either party to seek temporary court orders, such as injunctions, to protect their interests while the dispute is resolved. This clause ensures that business operations are not unduly disrupted by disputes and provides a mechanism for urgent relief if necessary, thereby maintaining stability and protecting both parties during contentious periods.
Continued Performance; Provisional Remedies. Notwithstanding the existence of any Dispute, the Parties shall continue to perform their respective obligations under this Agreement unless the Parties otherwise mutually agree in writing. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement is intended to, nor shall it, prevent the Parties from seeking temporary injunctive relief at any time as may be available under Law or in equity to preserve its rights pending the outcome of any arbitration. Without prejudice to such provisional remedies as may be available under the jurisdiction of a national court, the arbitral tribunal shall have full authority to grant provisional remedies or order the Parties to request that a court modify or vacate any temporary or preliminary relief issued by a court, and to award damages for the failure of any Party to respect the arbitral tribunal’s orders to that effect. The Parties agree that any issue regarding the arbitrability of any claims or disputes arising under, relating to or in connection with this Agreement is an issue solely for the arbitrators, not a court, to decide.
Continued Performance; Provisional Remedies. Notwithstanding the existence of any Dispute, the Parties shall continue to perform their respective obligations under this Agreement unless the Parties otherwise mutually agree in writing. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement is intended to, nor shall it, prevent the Parties from seeking temporary injunctive relief at any time as may be available under Law or in equity to preserve its rights pending the outcome of any arbitration. Without prejudice to such