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Common use of Emergency Relief Clause in Contracts

Emergency Relief. Notwithstanding anything in this Section 10.7 to the contrary and subject to the provisions of Section 10.6 (Governing Law; Attorneys' Fees), either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Alamosa PCS Holdings Inc), Agreement and Plan of Reorganization (Alamosa PCS Holdings Inc)

Emergency Relief. Notwithstanding anything in this Section 10.7 (Dispute Resolution) to the contrary and subject to the provisions of Section 10.6 (Governing Law; Attorneys' Fees), either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.

Appears in 1 contract

Samples: Asset Purchase Agreement (Amresco Inc)

Emergency Relief. Notwithstanding anything in this Section 10.7 10.9 to the contrary and subject to the provisions of Section 10.6 (Governing Law; Attorneys' Fees)10.8, either any party may seek from a court any provisional remedy or injunctive relief that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy. The prevailing party in any Proceeding based upon this Agreement shall be entitled to reasonable attorney's fees and arbitral and court costs, in addition to any other recoveries allowed by law.

Appears in 1 contract

Samples: Merger Agreement (Kitty Hawk Inc)

Emergency Relief. Notwithstanding anything in this Section 10.7 (Dispute Resolution) to the contrary and subject to the provisions of Section 10.6 (Governing Law; Attorneys' Fees), either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.

Appears in 1 contract

Samples: Merger Agreement (Amresco Inc)