Common use of Equitable Relief and Damages Clause in Contracts

Equitable Relief and Damages. The parties acknowledge and agree that, ---------------------------- in the event of a threatened or actual breach of Section 7 or 9.13 or an actual breach of any other provision of this Agreement and failure to cure any such breach within thirty (30) calendar days following notice thereof from the other party, damages alone will be an inadequate remedy, that such breach will cause the other party great, immediate and irreparable injury and damage, and that, accordingly, each party shall be entitled to injunctive and other equitable relief, including mandatory injunctive relief and specific performance, in addition to, and not in lieu of, any remedies it may have at law or under this Agreement. The parties further acknowledge and agree that each party shall be entitled to all damages as a remedy for any such breach (except a threatened breach of Section 7 or 9.13), to the extent provided under Section 6.9 above.