Immediate Injunctive Relief. A Party may be relieved of its obligation to participate in the Dispute Resolution Process if such Party (i) believes that the other Party’s acts or omissions create an immediate threat to the confidentiality, privacy or security of data or will cause irreparable harm to another party (Submitter, Authorized User, the integrity or operation of NC HealthConnex, or consumer) and (ii) pursues immediate injunctive relief against such other party in a court of competent jurisdiction. The Party pursuing immediate injunctive relief must provide a Notification to the other Party of such action within 24 hours of filing for the injunctive relief and of the result of the action within 24 hours of learning of same.
Immediate Injunctive Relief a. Notwithstanding Section 21.01, a Participant may be relieved of its obligation to participate in the Dispute Resolution Process if such Participant (i) believes that another Participant’s acts or omissions create an immediate threat to the confidentiality, privacy or security of Message Content or will cause irreparable harm to another party (Participant, Participant User, the integrity or operation of the Performance and Service Specifications, or consumer) and (ii) pursues immediate injunctive relief against such other Participant in a court of competent jurisdiction. The Participant pursuing immediate injunctive relief must provide a Notification to the Coordinating Committee of such action within 24 hours of filing for the injunctive relief and of the result of the action within 24 hours of learning of same.
b. If the injunctive relief sought in Section 21.02(a) is not granted and the Participant seeking such relief chooses to pursue the Dispute, the Participants must then submit to the Dispute Resolution Process in accordance with Section 21.01.
Immediate Injunctive Relief. The only circumstance in which disputes between the Parties shall not be subject to the provisions of Sections 11.2 and 11.3 is where a Party, in good faith, determines that a temporary restraining order or other injunctive relief is its only appropriate and adequate remedy. If a Party seeks immediate injunctive relief and does not prevail in substantial part, that Party shall pay the other Party's costs and attorneys' fees to the extent incurred in responding to or challenging the request for immediate injunctive relief.
Immediate Injunctive Relief. The parties agree that the only circumstance in which disputes between them shall not be subject to the provisions of Part VII.11.B is where a party makes a good faith determination that a breach of the terms of this Agreement by the other party is such that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy. If a party files a pleading with a court seeking immediate injunctive relief and this pleading is challenged by the other party and the injunctive relief sought is not awarded in substantial part, the party filing the pleading seeking immediate injunctive relieve shall pay all of the costs and attorneys' fees of the party successfully challenging the pleading.
Immediate Injunctive Relief. 20.2.1 Notwithstanding Section 20.1, Applicant may be relieved of its obligation to participate in the Dispute Resolution Process if Applicant (i) believes that another Implementer’s or Carequality Connection’s act or omission will cause irreparable harm to Applicant or another organization or individual (e.g. Implementer, Carequality Connection, End User or consumer) and (ii) pursues immediate injunctive relief against such Implementer or Carequality Connection in a court of competent jurisdiction. Applicant must inform Carequality of such action within two business days of filing for the injunctive relief and of the result of the action within 24 hours of learning of same.
20.2.2 If the injunctive relief sought in Section 20.2(a) is not granted and Applicant chooses to pursue the Dispute, the Dispute must be submitted to the Dispute Resolution Process in accordance with Section 20.1.
Immediate Injunctive Relief. Notwithstanding the prior Section, a party may be relieved of its obligation to participate in the Dispute Resolution Process if such party
(i) believes that another party’s acts or omissions create an immediate threat to the confidentiality, privacy or security of Health Data exchanged through the Network or will cause irreparable harm to the Network or another party (Participant, Participant User, Vendor, or Individual) and (ii) pursues immediate injunctive relief against such other party in a court of competent jurisdiction. The party pursuing immediate injunctive relief must notify Vendor of such action within twenty-four hours of filing for the injunctive relief and of the result of the action within twenty-four hours of learning of the same. If the injunctive relief sought is not granted and the party seeking such relief chooses to pursue the Dispute, the parties must then submit to the Dispute Resolution Process.
Immediate Injunctive Relief. In the event of a breach of the confidentiality obligations set forth in this Assets Purchase Agreement, or in the event a party makes a good faith determination that a breach of the terms of this Assets Purchase Agreement by the other party is such that the damages to such party resulting from the breach will be so immediate, so large or severe, and so incapable of adequate redress after the fact that a temporary restraining order or other immediate injunctive relief is a necessary remedy, then such party may file a pleading with a court seeking immediate injunctive relief. If a party files a pleading with a court seeking immediate injunctive relief and this pleading is challenged by the other party and the injunctive relief sought is not awarded in substantial part (or in the event of a temporary restraining order is vacated upon challenge by the other party), the party filing the pleading seeking immediate injunctive relief shall pay all of the costs and attorneys' fees of the party successfully challenging the pleading.
Immediate Injunctive Relief. (a) Supplier acknowledges that JPMC will be irreparably harmed and Section 18.1 will not apply if Supplier breaches (or attempts or threatens to breach): (a) its obligation to provide critical services to JPMC or Recipients (such as the termination assistance services as provided in Section 19.5), (b) its obligation respecting continued performance in accordance with Section 18.3, or (c) its obligations with respect to JPMC’s Confidential Information or JPMC Data. If a court of competent jurisdiction finds that Supplier has breached (or attempted or threatened to breach) any of those obligations, Supplier agrees that, without any additional findings of irreparable injury or other conditions to injunctive relief, it will not oppose the entry of an appropriate order compelling performance by Supplier and restraining it from any further breaches (or attempted or threatened breaches).
Immediate Injunctive Relief. If a Party makes a good faith determination that a breach of the terms of this Agreement by the other Party is such that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy, such Party shall be authorized to seek immediate injunctive relief without regard to Section 12.3(a) or 12.3(b). If a Party files a pleading with a court seeking immediate injunctive relief and such pleading is challenged by the other Party and the injunctive relief sought is not awarded in substantial part, the Party filing such pleading shall pay all of the costs and attorneys’ fees of the Party successfully challenging the pleading.
Immediate Injunctive Relief. The parties agree that the only circumstance in which disputes between them shall not be subject to the arbitration provisions of this Schedule is when a party makes a good faith determination that it needs and is entitled to receive a temporary restraining order or other emergency injunctive relief in order to protect its interest during the pendency of an arbitration proceeding. If a party files a pleading with a court seeking immediate injunctive relief and this pleading is challenged by the other party and the injunctive relief sought is not awarded in substantial part, the party filing the pleading seeking immediate injunctive relief shall pay all of the costs and attorneys’ fees of the party successfully challenging the pleading.
