Common use of Governing Law; Remedies Clause in Contracts

Governing Law; Remedies. This Agreement shall be construed and enforced in accordance with the laws of the State of Delaware. Recipient acknowledges that the confidential and proprietary status of the Source Code is of a unique nature, the loss of which may cause irreparable harm to NCT Hearing for which any sum of money would be inadequate, and that it may be impossible to measure in money the damages which would be suffered by NCT Hearing by reason of the loss of such confidential and proprietary status. Accordingly, in the event of any material breach or threatened material breach by Recipient of any of its obligations related to maintaining the confidentiality of the Source Codes under this Agreement, NCT Hearing shall be entitled, as a matter of right, to a final order from a court of competent jurisdiction of injunctive and other equitable relief and if NCT Hearing shall institute any action or proceeding to enforce by specific performance or other equitable relief the provisions hereof, Recipient hereby waives the claim or defense that NCT Hearing has an adequate remedy at law and Recipient shall not urge in any such action or proceeding the claim or defense that such remedy at law exists provided, however, that nothing herein contained shall limit or constrain the respective rights of either of the parties hereto to pursue and recover damages at law for breaches of this Agreement.