No Abandonment. Contractor represents, warrants and covenants that, during the Term, it shall not “Abandon” this Agreement (or any Schedule) or application or service obtained by State thereunder. For purposes hereof, “Abandon” or “Abandonment” means the threatened or actual intentional refusal by Contractor to provide or support any of the solutions or perform any of the services in breach of its obligations under this Agreement (or any Schedule). If Contractor breaches or threatens to breach this Section, Contractor agrees that State will be irreparably harmed, and, without any additional findings of irreparable injury or harm or other considerations of public policy, State shall be entitled to apply to a court or tribunal of competent jurisdiction for and, provided State follows the appropriate procedural requirements (e.g., notice), Contractor shall not oppose the granting of an injunction compelling specific performance by Contractor of its obligations under the Agreement without the necessity of posting any bond or other security. Contractor further agrees not to oppose any such application for injunctive relief by State except to require that State establish that Contractor has committed an Abandonment.
Appears in 5 contracts
Samples: Master Solution Purchase and Services Agreement, Master Solution Purchase and Services Agreement, Master Solution Purchase and Services Agreement
