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.
Appears in 6 contracts
Samples: Wireless Fiber Iru Agreement (Williams Communications Group Inc), Wireless Fiber Iru Agreement (Winstar Communications Inc), Wireless Fibersm Iru Agreement (Winstar Communications Inc)
Immediate Injunctive Relief. The only circumstance in which disputes between the Parties parties shall not be subject to the provisions of Sections 11.2 Section 23.3 and 11.3 23.4 is where a Partyparty, in good faith, determines that a temporary restraining order or other injunctive relief is its only appropriate and adequate remedy. If a Party party seeks immediate injunctive relief and does not prevail in substantial part, that Party party shall pay the other Partyparty's costs and attorneys' fees to the extent incurred in responding to or challenging the request for immediate injunctive relief.
Appears in 5 contracts
Samples: Iru Agreement (Winstar Communications Inc), Iru Agreement (Williams Communications Group Inc), Iru Agreement (Winstar Communications Inc)