Court-Ordered Interim Relief. In accordance with Section 11.03 and Section 11.04, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Dispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Dispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.02, Section 11.03 and Section 11.04. Until such Dispute is resolved in accordance with Section 11.02 or final judgment is rendered in accordance with Section 11.03 and Section 11.04, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoff, counterclaim, recoupment or termination.
Appears in 9 contracts
Samples: Intellectual Property Agreement (Nuance Communications, Inc.), Intellectual Property Agreement (Cerence Inc.), Separation and Distribution Agreement (Nuance Communications, Inc.)
Court-Ordered Interim Relief. In accordance with this Section 11.03 9.04 and Section 11.0410.08, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Disputedispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Disputedispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.02, Section 11.03 10.07 and Section 11.0410.08. Until such Dispute is resolved in accordance with Section 11.02 this Article IX or final judgment is rendered in accordance with Section 11.03 10.07 and Section 11.0410.08, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination.
Appears in 8 contracts
Samples: Transition Services Agreement (Nuance Communications, Inc.), Transition Services Agreement (Cerence Inc.), Transition Services Agreement (Resideo Technologies, Inc.)
Court-Ordered Interim Relief. In accordance with Section 11.03 11.04 and this Section 11.0411.05, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Dispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Dispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.02, Section 11.03 and Section 11.04. Until such Dispute is resolved in accordance with Section 11.02 or final judgment is rendered in accordance with Section 11.03 and Section 11.04, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination.
Appears in 4 contracts
Samples: Intellectual Property Agreement (Garrett Motion Inc.), Separation and Distribution Agreement (Garrett Transportation Systems Inc.), Intellectual Property Agreement (Garrett Transportation Systems Inc.)
Court-Ordered Interim Relief. In accordance with Section 11.03 12.03 and Section 11.0412.04, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Dispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Dispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.0212.02, Section 11.03 12.03 and Section 11.0412.04. Until such Dispute is resolved in accordance with Section 11.02 12.02 or final judgment is rendered in accordance with Section 11.03 12.03 and Section 11.0412.04, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination.
Appears in 4 contracts
Samples: Separation and Distribution Agreement (Resideo Technologies, Inc.), Separation and Distribution Agreement (Resideo Technologies, Inc.), Separation and Distribution Agreement (Resideo Technologies, Inc.)
Court-Ordered Interim Relief. In accordance with Section 11.03 9.04 and Section 11.049.05, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Dispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Dispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.029.03, Section 11.03 9.04 and Section 11.049.05. Until such Dispute is resolved in accordance with Section 11.02 9.03 or final judgment is rendered in accordance with Section 11.03 9.04 and Section 11.049.05, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoff, counterclaim, recoupment or termination.
Appears in 4 contracts
Samples: Transitional Trademark License Agreement (Nuance Communications, Inc.), Transitional Trademark License Agreement (Cerence Inc.), Transitional Trademark License Agreement (Cerence LLC)
Court-Ordered Interim Relief. In accordance with Section 11.03 6.09 and Section 11.046.10, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Dispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Dispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.026.08, Section 11.03 6.09 and Section 11.046.10. Until such Dispute is resolved in accordance with Section 11.02 6.08 or final judgment is rendered in accordance with Section 11.03 6.09 and Section 11.046.10, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination.
Appears in 4 contracts
Samples: Tax Matters Agreement (Resideo Technologies, Inc.), Tax Matters Agreement (Resideo Technologies, Inc.), Tax Matters Agreement (Resideo Technologies, Inc.)
Court-Ordered Interim Relief. In accordance with Section 11.03 9.04 and Section 11.049.05, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Dispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Dispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.029.03, Section 11.03 9.04 and Section 11.049.05. Until such Dispute is resolved in accordance with Section 11.02 or final judgment is rendered in accordance with Section 11.03 9.04 and Section 11.049.05, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination.
Appears in 2 contracts
Samples: License Agreement, Trademark License Agreement (Garrett Motion Inc.)
Court-Ordered Interim Relief. In accordance with Section 11.03 9.05 and this Section 11.049.06, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Dispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Dispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.029.03, Section 11.03 9.04 and Section 11.049.05. Until such Dispute is resolved in accordance with Section 11.02 or final judgment is rendered in accordance with Section 11.03 9.04 and Section 11.049.05, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination.
Appears in 2 contracts
Samples: Trademark License Agreement (Garrett Motion Inc.), Trademark License Agreement (Garrett Transportation Systems Inc.)
Court-Ordered Interim Relief. In accordance with Section 11.03 and Section 11.04, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Dispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Dispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.02, Section 11.03 and Section 11.04. Until such Dispute is resolved in accordance with Section 11.02 or final judgment is rendered in accordance with Section 11.03 and Section 11.04, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Garrett Motion Inc.), Intellectual Property Agreement
Court-Ordered Interim Relief. In accordance with Section 11.03 12.04 and this Section 11.0412.05, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Dispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Dispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.0212.02, Section 11.03 12.03 and Section 11.0412.04. Until such Dispute is resolved in accordance with Section 11.02 12.02 or final judgment is rendered in accordance with Section 11.03 12.03 and Section 11.0412.04, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination.
Appears in 1 contract
Samples: Separation and Distribution Agreement (Resideo Technologies, Inc.)
Court-Ordered Interim Relief. In accordance with Section 11.03 and Section 11.04, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Dispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Dispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.02, Section 11.03 and Section 11.04. Until such Dispute is resolved in accordance with Section 11.02 or final judgment is rendered in accordance with Section 11.03 and Section 11.04, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination.. Table of Contents
Appears in 1 contract
Samples: Intellectual Property Agreement (Garrett Motion Inc.)
Court-Ordered Interim Relief. In accordance with Section 11.03 6.10 and this Section 11.046.11, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Dispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Dispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.026.08, Section 11.03 6.09 and Section 11.046.10. Until such Dispute is resolved in accordance with Section 11.02 6.08 or final judgment is rendered in accordance with Section 11.03 6.09 and Section 11.046.10, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination.
Appears in 1 contract
Court-Ordered Interim Relief. In accordance with Section 11.03 12.03 and Section 11.0412.04, at any time after giving notice of a Dispute, each Party shall be entitled to interim measures of protection duly granted by a court of competent jurisdiction: (1) to preserve the status quo pending resolution of the Dispute; (2) to prevent the destruction or loss of documents and other information or things relating to the Dispute; or (3) to prevent the transfer, disposition or hiding of assets. Any such interim measure (or a request therefor to a court of competent jurisdiction) shall not be deemed incompatible with the provisions of Section 11.0212.02, Section 11.03 12.03 and Section 11.0412.04. Until such Dispute is resolved in accordance with Section 11.02 12.02 or final judgment is rendered in accordance with Section 11.03 12.03 and Section 11.0412.04, each Party agrees that such Party shall continue to perform its obligations under this Agreement and that such obligations shall not be subject to any defense or setoff, counterclaim, recoupment or termination.
Appears in 1 contract
Samples: Separation and Distribution Agreement (Cerence LLC)