COURT ACTION. Any Dispute regarding the following is not required to be negotiated, mediated or arbitrated prior to seeking relief from a court of competent jurisdiction: breach of any obligation of confidentiality; infringement, misappropriation, or misuse of any intellectual property right; any other claim where interim relief from the court is sought to prevent serious and irreparable injury to one of the parties or to others. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such court action is pending.
Appears in 32 contracts
Samples: Master Confidential Disclosure Agreement, Master Patent Ownership and License Agreement (Palmsource Inc), Master Separation Agreement (Palmsource Inc)
COURT ACTION. Any Dispute regarding the following is not required to be negotiated, mediated or arbitrated prior to seeking relief from a court of competent jurisdiction: breach of any obligation of confidentiality; infringement, misappropriation, or misuse of any intellectual property right; any other claim where interim relief from the court is sought to prevent serious and irreparable injury to one of the parties or to others. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such court action is pending.
Appears in 6 contracts
Samples: Master Confidential Disclosure Agreement (Luminent Inc), Master Transitional Services Agreement (Optical Access Inc), Master Confidential Disclosure Agreement (Optical Access Inc)
COURT ACTION. Any Dispute regarding the following is not required to be negotiated, mediated or arbitrated prior to seeking relief from a court of competent jurisdiction: breach of any obligation of confidentiality; infringement, misappropriation, or misuse of any intellectual property rightright owned by one party by the other party; any other claim where interim relief from the court is sought to prevent serious and irreparable injury to one of the parties or to others. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such court action is pending.
Appears in 3 contracts
Samples: Xerox Litigation Agreement (Palmsource Inc), Litigation Agreement (Palm Inc), Litigation Agreement (Palm Inc)
COURT ACTION. Any Dispute regarding the following is not required to be negotiated, mediated or arbitrated prior to seeking relief from a court of competent jurisdiction: breach of any obligation of confidentiality; infringement, misappropriation, or misuse of any intellectual property right; or any other claim where interim relief from the court is sought to prevent serious and irreparable injury to one of the parties or to others. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such court action is pending.
Appears in 2 contracts
Samples: Transitional Services Agreement (Axcelis Technologies Inc), Transitional Services Agreement (Axcelis Technologies Inc)
COURT ACTION. Any Dispute regarding the following is not required to be negotiated, mediated or arbitrated prior to seeking relief from a court of competent jurisdiction: breach of any obligation of confidentiality; infringement, misappropriation, or misuse of any intellectual property rightright owned by one Party by the other Party; any other claim where interim relief from the court is sought to prevent serious and irreparable injury to one of the parties or to others. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such court action is pending.
Appears in 2 contracts
Samples: Patent License Agreement (Document Security Systems Inc), Patent License Agreement (Document Security Systems Inc)
COURT ACTION. Any Dispute regarding any of the following is not required to be negotiated, mediated or arbitrated prior to seeking relief from a court of competent jurisdiction: breach of any obligation of confidentiality; infringement, misappropriation, or misuse of any intellectual property right; any other claim where interim relief from the court is sought to prevent serious and irreparable injury to one of the parties or to others. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such court action is pending.
Appears in 2 contracts
Samples: Master Transaction Agreement (McData Corp), Master Confidential Disclosure and License Agreement (McData Corp)
COURT ACTION. Any Dispute regarding the following is not required to be negotiated, mediated or arbitrated prior to seeking material relief from a court of competent jurisdiction: breach of any obligation of confidentiality; infringement, misappropriation, or misuse of any intellectual property right; any other claim where interim relief from the court is sought to prevent serious and irreparable injury to one of the parties Parties or to others. However, the parties Parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such court action is pending.
Appears in 2 contracts
Samples: Transitional Services Agreement (Southern Energy Inc), Transitional Services Agreement (Southern Energy Inc)
COURT ACTION. Any Dispute regarding the following is not required to be negotiated, mediated or arbitrated prior to seeking relief from a court of competent jurisdiction: jurisdiction for a breach of any obligation of confidentiality; , infringement, misappropriation, misappropriation or misuse of any intellectual property Intellectual Property right; , or any other claim where interim relief from the court is sought to prevent serious and irreparable injury to one of the parties or to others. However, the parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such court action is pending.
Appears in 1 contract
Samples: Asset Purchase Agreement (Trident Microsystems Inc)
COURT ACTION. Any Dispute regarding the following is not required to be negotiated, mediated negotiated or arbitrated prior to seeking relief from a court of competent jurisdiction: (a) breach of any obligation of confidentiality; (b) infringement, misappropriation, misappropriation or misuse of any intellectual property right; or (c) any other claim where interim relief from the court is sought to prevent serious and irreparable injury to one of the parties hereto or to others. However; provided, however, that the parties to the Dispute shall make a good faith effort to negotiate and mediate or arbitrate such Dispute, according to the above procedures, while such court action is pending.
Appears in 1 contract
Samples: Merger Agreement (Crown Crafts Inc)
COURT ACTION. Any Dispute regarding the following is not required to be negotiated, mediated or arbitrated prior to seeking relief from a court of competent jurisdiction: breach of any obligation of confidentiality; infringement, misappropriation, or misuse of any intellectual property right; any other claim where interim relief from the court is sought to prevent serious and irreparable injury to one of the parties or to others. However, the parties Parties to the Dispute shall make a good faith effort to negotiate and mediate such Dispute, according to the above procedures, while such court action is pending.
Appears in 1 contract
Samples: Master Separation and Distribution Agreement (Insession Technologies Inc)
