Common use of Entitlement to Injunctive Relief Clause in Contracts

Entitlement to Injunctive Relief. As the sole exception to the exclusive and binding nature of the arbitration commitment set forth above, Executive and Company agree that Company will have the right to initiate an action in any state or federal court of competent jurisdiction in Dallas County, Texas in order to request temporary, preliminary and permanent injunctive or other equitable relief, including, without limitation, specific performance, to enforce the terms of Sections 2.2, 2.3, 2.4, or 2.5 above, without the necessity of proving inadequacy of legal remedies or irreparable harm or posting bond; provided, however, that if Executive is engaging in activities prohibited by Section 2.2, 2.3, 2.4 or 2.5 above, outside of Dallas County, Texas, the parties hereby agree that the Company may, at its sole option, bring an action in any court of competent jurisdiction. Nothing herein shall prevent the Company from pursuing the same injunctive or equitable relief in the arbitration proceedings. Moreover, nothing in this section should be construed to constitute a waiver of the parties’ rights and obligations to arbitrate regarding matters other than those specifically addressed in this paragraph.

Entitlement to Injunctive Relief. As the sole exception to the exclusive and binding nature of the arbitration commitment set forth above, Executive and Company agree that Company will have the right to initiate an action in any state or federal court of competent jurisdiction in Dallas County, Texas in order to request temporary, preliminary and permanent injunctive or other equitable relief, including, without limitation, specific performance, to enforce the terms of Sections 2.2, 2.3, 2.4, or 2.5 above, without the necessity of proving inadequacy of legal remedies or irreparable harm or posting bond; provided, however, that if Executive is engaging in activities prohibited by Section 2.2, 2.3, 2.4 or 2.5 above, outside of Dallas County, Texas, the parties hereby agree that the Company may, at its sole option, bring an action in any court of competent jurisdiction. Nothing herein shall prevent the Company from pursuing the same injunctive or equitable relief in the arbitration proceedings. Moreover, nothing in this section should be construed to constitute a waiver of the parties’ ' rights and obligations to arbitrate regarding matters other than those specifically addressed in this paragraph.