Common use of Damages and Remedy Clause in Contracts

Damages and Remedy. The Parties acknowledge that the CCI is unique and valuable, that disclosure in breach of this Agreement may result in irreparable injury to Discloser, and that Discloser is entitled to seek all remedies available in law and equity. Therefore, the Parties agree that in the event of a breach or threatened breach of confidentiality, the Discloser shall be entitled to seek specific performance and injunctive or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond. Any such relief shall be in addition to, and not in lieu of, any relief in the way of monetary damages, with monetary damages including recovery of any sums or other value received by the Recipient or Other Recipients arising from a breach of this Agreement. If any Party to this Agreement brings any action, suit, counterclaim, appeal, or mediation under this Agreement, to enforce the terms hereof or to declare its rights hereunder (collectively, an "Action"), the losing Party shall reimburse the prevailing Party for reasonable attorney’s fees and costs incurred in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling, or award (collectively, a "Decision") granted therein, all of which shall be deemed to have accrued on the commencement of such Action and shall be paid. 0000 X. Xxxxxxxxxx Xxxxxx – Xxxxxx, XX - Tel: 000.000.0000 - Fax: 000.000.0000 CA DRE License ID 01252257 xxx.XxxxxxxxXxxxxxxxxx.xxx Form 1001.2 Rev 2023-01-20

Damages and Remedy. The Parties acknowledge that the CCI is unique and valuable, that disclosure in breach of this Agreement may result in irreparable injury to Discloser, and that Discloser is entitled to seek all remedies available in law and equity. Therefore, the Parties agree that in the event of a breach or threatened breach of confidentiality, the Discloser shall be entitled to seek specific performance and injunctive or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond. Any such relief shall be in addition to, and not in lieu of, any relief in the way of monetary damages, with monetary damages including recovery of any sums or other value received by the Recipient or Other Recipients arising from a breach of this Agreement. If any Party to this Agreement brings any action, suit, counterclaim, appeal, or mediation under this Agreement, to enforce the terms hereof or to declare its rights hereunder (collectively, an "Action"), the losing Party shall reimburse the prevailing Party for reasonable attorney’s fees and costs incurred in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling, or award (collectively, a "Decision") granted therein, all of which shall be deemed to have accrued on the commencement of such Action and shall be paid. 0000 X. Xxxxxxxxxx Xxxxxx – XxxxxxRecipient shall defend, XX - Tel: 000.000.0000 - Fax: 000.000.0000 CA DRE License ID 01252257 xxx.XxxxxxxxXxxxxxxxxx.xxx Form 1001.2 Rev 2023-01-20indemnify and hold harmless Discloser, its past, present and future directors, officers, shareholders, employees, agents and representatives from all damages, expenses and costs whatsoever resulting from the breach of this Agreement by Recipient.