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.
Appears in 2 contracts
Samples: Credit Card Program Agreement (Macy's, Inc.), Credit Card Program Agreement (Macy's, Inc.)
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.
Appears in 1 contract
Samples: Credit Card Program Agreement (Federated Department Stores Inc /De/)
Immediate Injunctive Relief. If a Party makes a good faith determination that a breach or threatened breach of the terms of this Agreement by the other Party is such requires that a temporary restraining order or other injunctive relief is as the only appropriate and adequate remedy, such Party shall including any under Article 8. and Section c., then the dispute will not be authorized subject to seek immediate injunctive relief without regard to Section 12.3(a) or 12.3(b)the informal dispute resolution process. If a Party files a pleading with a court seeking seeks immediate injunctive relief and such by filing a court pleading is challenged by the other Party and the injunctive relief sought is not awarded in substantial partpart after challenge by the other Party, the Party filing such the immediate injunctive relief pleading shall will pay all of the costs and attorneys’ fees of the Party successfully challenging the pleadingpleading all of its legal costs.
Appears in 1 contract
Samples: Master Services Agreement