Common use of Judicial Action Clause in Contracts

Judicial Action. Notwithstanding the above, either Party may seek from any court having jurisdiction hereof any interim, provisional or injunctive relief or specific performance that may be necessary to protect the rights or property of any Party or to maintain the status quo before, during or after the pendency of the arbitration proceeding. The institution and maintenance of any judicial action or proceeding for any such interim, provisional or injunctive relief shall not constitute a waiver of the right or obligation of either Party to submit the dispute to arbitration, including any claims or disputes arising from the exercise of any such interim, provisional or injunctive relief.

Appears in 3 contracts

Samples: Commercial Agreement (O2diesel Corp), Supply and Distribution Agreement (O2diesel Corp), Supply and Distribution Agreement (O2diesel Corp)

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Judicial Action. Notwithstanding the above, either Party may seek from any court having jurisdiction hereof any interim, provisional or injunctive relief or specific performance that may be necessary to protect the rights or property of any Party or to maintain the status quo before, during or after the pendency of the arbitration proceeding. The institution and maintenance of any judicial action or proceeding for any such interim, provisional or injunctive relief shall not constitute a waiver of the right or obligation of either Party to submit the dispute to arbitration, including any claims claim’s or disputes arising from the exercise of any such interim, provisional or injunctive relief.

Appears in 2 contracts

Samples: Supply and Distribution Agreement (O2diesel Corp), Supply and Distribution Agreement (O2diesel Corp)

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Judicial Action. Notwithstanding the above, either Party may seek from any court having jurisdiction hereof any interim, provisional or injunctive relief or specific performance that may be necessary to protect the that Party’s intellectual property rights or (including its Confidential Information) and tangible property of any Party or to maintain the status quo before, during or after the pendency of the arbitration proceeding. The institution and maintenance of any judicial action or proceeding for any such interim, provisional or injunctive relief shall not constitute a waiver of the right or obligation of either Party to submit the dispute to arbitration, including any claims or disputes arising from the exercise of any such interim, provisional or injunctive relief.

Appears in 1 contract

Samples: Research and Development (Dyadic International Inc)

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