Common use of Immediate Injunctive Relief Clause in Contracts

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.

Appears in 9 contracts

Samples: Data Use and Reciprocal Support Agreement (Dursa), Data Use and Reciprocal Support Agreement (Dursa), Data Use and Reciprocal Support Agreement (Dursa)

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Immediate Injunctive Relief. a. Notwithstanding Section 21.0123.01, 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 exchanged through the NHIN or will cause irreparable harm to another party (Participant, Participant User, the integrity or operation of the Performance and Service Specifications, NHIN 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 notify the NHIN 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(a23.02(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 21.0123.01.

Appears in 4 contracts

Samples: Data Use and Reciprocal Support Agreement (Dursa), Data Use and Reciprocal Support Agreement (Dursa), Data Use and Reciprocal Support Agreement (Dursa)

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 '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.

Appears in 1 contract

Samples: Data Use and Reciprocal Support Agreement (Dursa)

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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 the THSA or 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 THSA 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.

Appears in 1 contract

Samples: Health Information Exchange Agreement

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