Common use of Exceptions to Arbitration Clause in Contracts

Exceptions to Arbitration. The only circumstance in which Disputes between the Parties will not be subject to the provisions of Sections 20.1 and 20.2 above is where a Party makes a good faith determination that a breach of the terms of the Agreement or Development Plan is such that damage resulting from the breach will be so immediate, irreparable, severe, or otherwise incapable of adequate redress that a temporary restraining order or other immediate injunctive relief is the only adequate remedy for such breach.

Exceptions to Arbitration. The only circumstance in which Disputes between the Parties will not be subject to the provisions of Sections 20.1 11.1 and 20.2 11.2 above is where a Party makes a good faith determination that a breach of the terms of the Agreement or Development Plan is such that damage resulting from the breach will be so immediate, irreparable, severe, or otherwise incapable of adequate redress that a temporary restraining order or other immediate injunctive relief is the only adequate remedy for such breach.