Declaratory or Injunctive Relief. (a) So long as the Authority has not terminated the Stadium Lease (unless the Team Use Agreement remains in effect), terminated StadCo’s right of possession of the Stadium under the Stadium Lease (unless the Team Use Agreement remains in effect) or recovered liquidated damages pursuant to Section 4.4 hereof (if the Authority has chosen to pursue any of such remedies), the Authority or other express beneficiary of this Non- Relocation Agreement shall be entitled to seek injunctive relief prohibiting or mandating action by TeamCo in accordance with, or declaratory relief with respect to, the covenants or agreements set forth in Article 3 of this Non-Relocation Agreement. In addition, TeamCo (i) recognizes that the Authority owns the Stadium, certain taxes have been imposed by the County, and certain debt is being incurred by the County in order to permit the construction and development of the Stadium and the playing of NFL Home Games in the Stadium during the Non-Relocation Term in accordance with Article 2 of this Non-Relocation Agreement, and (ii) acknowledges and agrees that monetary damages could not be calculated to compensate the Authority for any breach by TeamCo of the covenants or agreements contained in Article 3 of this Non-Relocation Agreement. Accordingly, TeamCo agrees that (A) the Authority may restrain or enjoin any breach or threatened breach of any covenant or agreement of TeamCo contained in Article 3 of this Non-Relocation Agreement without the necessity of posting a bond or other security and without any further showing of irreparable harm, balance of xxxxx, consideration of the public interest or the inadequacy of monetary damages as a remedy, (B) the administration of an order for injunctive relief would not be impractical and, in the event of any breach of any covenant or agreement contained in Article 3 of this Non-Relocation Agreement, the balance of hardships would weigh in favor of entry of injunctive relief,
Declaratory or Injunctive Relief. In addition to the remedies set forth in this Article 12, the Parties shall be entitled, in any circumstances they may deem appropriate, without the necessity of proving irreparable harm, balance of claims, consideration of the public interest, establishing that monetary damages are inadequate or the posting of a bond, to seek (i) injunctive relief, whether prohibiting or mandating, action by the other Party for any Event Default of the other Party or as otherwise expressly provided herein or (ii) declaratory relief with respect to any matter under this Lease Agreement. Each of the Parties hereby agrees and irrevocably stipulates that the rights of each Party to injunctive relief pursuant to this Lease Agreement, including this Article 12.06, shall not constitute a "claim" pursuant to Section 101(5) of the United States Bankruptcy Code and shall not be subject to discharge or restraint of any nature m any bankruptcy proceeding involving the Party to which any such injunctive relief applies.
Declaratory or Injunctive Relief. (a) Upon the occurrence of a Non-Relocation Default, the City shall be entitled to seek injunctive relief prohibiting or mandating action by the Owner in accordance with, or declaratory relief with respect to, the Non-Relocation Covenants.
(b) In addition, the Owner:
(i) agrees and irrevocably stipulates that any breach by the Owner of any of the Non-Relocation Covenants shall cause irreparable and continual harm to the City and that damages for a default under such Non-Relocation Covenants cannot be estimated with any degree of certainty and that monetary damages cannot fairly or adequately compensate the City for a breach of such Non- Relocation Covenants, and neither the Owner nor any Person acting for or on behalf or in the interest of the Owner shall assert or argue otherwise in any action, suit or proceeding;
(ii) agrees and irrevocably stipulates that the specific performance of the Non- Relocation Covenants is a bargained-for expectation of the City and is specifically available to the City pursuant to Section 334.005 of the Act;
(iii) agrees and irrevocably stipulates that, in any proceeding seeking relief for a Non-Relocation Default, the Owner expressly waives the right to require the City to post any bonds or other security as a condition to the granting of any equitable relief by a court;
(iv) agrees and irrevocably stipulates that the Owner waives any right it may have to object to or to raise any defense to any actual or requested award of the remedy of specific performance in any action brought by the City in respect of a Non-Relocation Default except (x) the defense that there has in fact not been a Non-Relocation Default in accordance with the terms of this Agreement and (y) alleged unclean hands of the plaintiff or laches in the commencement of the proceedings;
(v) recognizes that the obligations of the Owner under the Non-Relocation Covenants are absolute, irrevocable and unconditional, and shall not be released, discharged, limited or affected by any right of setoff or counterclaim that the Owner may have to the performance thereof, in each case except as expressly provided herein; and
(vi) understands and acknowledges that, by operation of the provisions set forth in this Article IV, it is knowingly and intentionally relinquishing or limiting certain important rights and privileges to which it otherwise might be entitled, including the right to object to a grant of specific performance and injunctive relief in certain circumstances, a...
Declaratory or Injunctive Relief. Any Party of this Non-Relocation Agreement shall be entitled to seek injunctive relief prohibiting or mandating action by any other Party in accordance with this Non-Relocation Agreement, or declaratory relief with respect to any matter under this Non-Relocation Agreement. In addition, Spurs, LLC (a) recognizes that the Arena Project is being constructed, certain taxes are being imposed by the County, and certain debt is being incurred to permit the Home Games in the Arena during the Term, and (b) acknowledges and agrees that monetary damages could not be calculated to compensate the County for any breach by Spurs, LLC of the covenants and agreements contained in this Non-Relocation Agreement. Accordingly, Spurs, LLC agrees that (i) the covenants and agreements contained in this Non-Relocation Agreement shall constitute an agreement described by Subsection (a)(2) of Section 334.005 of Chapter 334 of the Texas Local Government Code, (ii) the County may restrain or enjoin any breach by Spurs, LLC or threatened breach of any covenant, duty, or obligation of Spurs, LLC contained in this Non-Relocation Agreement without the necessity of posting a bond or other security and without any further showing of irreparable harm, balance of xxxxx, consideration of the public interest or the inadequacy of monetary damages as a remedy, (iii) the administration of an order for injunctive relief would not be impractical and, in the event of any breach of any covenant, duty or obligation contained in this Non-Relocation Agreement, the balance of hardships would weigh in favor of entry of injunctive relief, and (iv) the County may enforce any such covenant, duty or obligation of Spurs, LLC contained in this Non-Relocation Agreement through specific performance. The Parties hereby agree and irrevocably stipulate that (i) the rights of the County to injunctive relief pursuant to this Non-Relocation Agreement shall not constitute a "claim" pursuant to section 101(5) of the United States Bankruptcy Code (the “Bankruptcy Code”) and shall not be subject to discharge or restraint of any nature in any bankruptcy proceeding involving Spurs, LLC, and (ii) this Non-Relocation Agreement is not an “executory contract” as contemplated by section 365 of the Bankruptcy Code.
Declaratory or Injunctive Relief. Each Party acknowledges and agrees that (a) a breach or threatened breach by such Party of certain of its obligations under this Agreement would give rise to irreparable harm to the other Party for which monetary damages would not be an adequate remedy and (b) if a breach or a threatened breach by such Party of any such obligations occurs, then, in addition to the remedies set forth in this Article XI, the Parties shall be entitled to seek equitable relief, including a temporary restraining order, an injunction, specific performance and any other relief that may be available from a court of competent jurisdiction, and declaratory relief with respect to any matter under this Agreement.
Declaratory or Injunctive Relief. In addition to the remedies set forth in this Article 13, the Owner shall be entitled, in any circumstances it may deem appropriate, to seek injunctive relief prohibiting (rather than mandating) action by the Developer for any Event of Default or declaratory relief with respect to any matter under this Developer Agreement for which such remedy is available hereunder or at law or in equity.
Declaratory or Injunctive Relief. In addition to the remedies set forth in this Article 8, the Parties shall be entitled, in any circumstances they may deem appropriate, without the necessity of proving irreparable harm, balance of claims, consideration of the public interest, establishing that monetary damages are inadequate or the posting of a bond, to seek
(i) injunctive relief, whether prohibiting or mandating, action by the other Party or Parties for any Event of Default of the other Party or Parties or as otherwise expressly provided herein or
(ii) declaratory relief with respect to any matter under this Funding Agreement or the other Principal Project Documents. Each of the Parties hereby agrees and irrevocably stipulates that the rights of each Party to injunctive relief pursuant to this Funding Agreement, including this Section 8.10, and the other Principal Project Documents shall not constitute a “claim” pursuant to SECTION 101(5) of the United States Bankruptcy Code and shall not be subject to discharge or restraint of any nature in any bankruptcy proceeding involving the Party to which any such injunctive relief applies.
Declaratory or Injunctive Relief. Nothing in clause 12 shall prejudice the right of either party to institute proceedings to enforce payment due under this Deed or to seek injunctive or urgent declaratory relief in respect of a dispute arising under or in connection with this Deed.
