Common use of Injunctive Relief; Court Actions Clause in Contracts

Injunctive Relief; Court Actions. Either party may apply to the arbitrators for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any injunctive or other equitable relief in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the parties or any ongoing arbitration proceeding. In addition, either party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.2. Further, no claim under any antitrust, anti-monopoly or competition law or regulation, whether or not statutory, shall be subject to arbitration pursuant to Section 11.2.

Appears in 2 contracts

Samples: Drug Development Partnership and License Agreement, Partnership and License Agreement (Curis Inc)

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Injunctive Relief; Court Actions. Either party Party may apply to the arbitrators for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party Party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim injunctive or other equitable interim relief in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the parties Parties or any ongoing arbitration proceeding. In addition, either party Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.20. FurtherCERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, no claim under any antitrustMARKED BY [***], anti-monopoly or competition law or regulation, whether or not statutory, shall be subject to arbitration pursuant to Section 11.2.HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED

Appears in 1 contract

Samples: Exclusive License Agreement (Verrica Pharmaceuticals Inc.)

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Injunctive Relief; Court Actions. Either party Party may apply to the arbitrators for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party Party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any injunctive or other equitable relief in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the parties Parties or any ongoing arbitration proceeding. In addition, either party Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.216.2. Further, no claim under any antitrust, anti-monopoly or competition law or regulation, whether or not statutory, shall be subject to arbitration pursuant to Section 11.216.2.

Appears in 1 contract

Samples: License Agreement (Tocagen Inc)

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