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.
Appears in 2 contracts
Samples: Software Sale, License and Development Agreement (Drkoop Com), Software Sale, License and Development Agreement (Drkoop Com)
Immediate Injunctive Relief. The parties Parties agree that the only circumstance in which disputes --------------------------- disputes, controversies or claims between them shall not be subject to the provisions of Part VII.11.B is Sections 20.1 where a party Party makes a good faith determination that a breach of the terms of this the Agreement by the other party Party is such that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy. If a party Party files a pleading with a court seeking immediate injunctive relief and this pleading is challenged by the other party Party and the injunctive relief sought is not awarded in substantial part, the party Party filing the pleading seeking immediate injunctive relieve relief shall pay all of the costs and reasonable attorneys' fees of the party Party successfully challenging the pleading.
Appears in 1 contract
Samples: Services Agreement (Morgan Stanley Dean Witter & Co)
Immediate Injunctive Relief. The parties Parties agree that the only circumstance in which disputes disputes, --------------------------- controversies or claims between them shall not be subject to the provisions of Part VII.11.B is Sections 20.1 where a party Party makes a good faith determination that a breach of the terms of this the Agreement by the other party Party is such that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy. If a party Party files a pleading with a court seeking immediate injunctive relief and this pleading is challenged by the other party Party and the injunctive relief sought is not awarded in substantial part, the party Party filing the pleading seeking immediate injunctive relieve relief shall pay all of the costs and reasonable attorneys' fees of the party Party successfully challenging the pleading.
Appears in 1 contract
Samples: Services Agreement (Morgan Stanley Dean Witter & Co)
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 VI.10.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' attorney's fees of the party successfully challenging the pleading.
Appears in 1 contract
Samples: Health Services Agreement (Thehealthchannel Com Inc)
Immediate Injunctive Relief. The parties Parties agree that the only circumstance in which disputes disputes, controversies or claims between them shall not be subject to the provisions of Part VII.11.B is Section 10.1 where a party Party makes a good faith determination that a breach of the terms of this Agreement by the other party Party is such that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy. If a party Party files a pleading with a court seeking immediate injunctive relief and this pleading is challenged by the other party Party and the injunctive relief sought is not awarded in substantial part, the party Party filing the pleading seeking immediate injunctive relieve relief shall pay all of the costs and attorneys' fees of the party Party successfully challenging the pleading.
Appears in 1 contract
Immediate Injunctive Relief. The parties Parties agree that the only circumstance in which disputes between them shall not be subject to the provisions of Part VII.11.B Section 20.1 is where a party Party makes a good faith determination that a breach of the terms of this Agreement by the other party Party is such that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy. If a party Party files a pleading with a court seeking immediate injunctive relief and this pleading is challenged by the other party Party and the injunctive relief sought is not awarded in substantial part, the party Party filing the pleading seeking immediate injunctive relieve relief shall pay all of the costs and attorneys' fees of the party Party successfully challenging the pleading.
Appears in 1 contract
Samples: Asset Purchase Agreement (Pomeroy Computer Resources Inc)