Non-Exclusive Equitable Remedy. Each Party acknowledges and agrees that due to the unique nature of Confidential Information there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach or threatened breach may allow a Party or third parties to unfairly compete with the other Party resulting in irreparable harm to such Party, and therefore, that upon any such breach or any threat thereof, each Party will be entitled to appropriate equitable remedies, and may seek injunctive relief from a court of competent jurisdiction without the necessity of proving actual loss, in addition to whatever remedies either of them might have at law or equity. Any breach of this Section 12 (Confidentiality) will constitute a material breach of this Agreement and be grounds for immediate termination of this Agreement in the exclusive discretion of the non-breaching Party.
Appears in 4 contracts
Samples: Software as a Service and Professional Services Agreement, Software as a Service and Professional Services Agreement, Software as a Service Agreement
Non-Exclusive Equitable Remedy. Each Party acknowledges and agrees that due to the unique nature of Confidential Information there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach or threatened breach may allow a Party or third parties Third Parties to unfairly compete with the other Party resulting in irreparable harm to such Party, and therefore, that upon any such breach or any threat thereof, each Party Party, including any Governmental Entity, will be entitled to appropriate equitable remedies, and may seek injunctive relief from a court of competent jurisdiction without the necessity of proving actual loss, in addition to whatever remedies either of them might have at law or equity. Any breach of this Section 12 (Confidentiality) will constitute a material breach of this Agreement and be grounds for immediate termination of this Agreement the applicable Purchasing Instrument in the exclusive discretion of the non-breaching Party.
Appears in 4 contracts
Samples: Endpoint Managed Services Agreement, Master Software, Services, and Equipment Agreement, Master Agreement
Non-Exclusive Equitable Remedy. Each Party acknowledges and agrees that due to the unique nature of Confidential Information there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach or threatened breach may allow a Party or third parties Third Parties to unfairly compete with the other Party resulting in irreparable harm to such Party, and therefore, that upon any such breach or any threat thereof, each Party will be entitled to appropriate equitable remedies, and may seek injunctive relief from a court of competent jurisdiction without the necessity of proving actual loss, in addition to whatever remedies either of them might have at law or equity. Any breach of this Section 12 (Confidentiality) will constitute a material breach of this Agreement and be grounds for immediate termination of this Agreement the applicable Purchasing Instrument in the exclusive discretion of the non-breaching Party.
Appears in 3 contracts
Samples: Strategic Technology Plan Services Agreement, Contract for Esl Online Instructional Platform, Contract for Esl Online Instructional Platform
Non-Exclusive Equitable Remedy. Each Party acknowledges and agrees that due to the unique nature of Confidential Information there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach or threatened breach may allow a Party or third parties Third Parties to unfairly compete with the other Party resulting in irreparable harm to such Party, and therefore, that upon any such breach or any threat thereof, each Party will be entitled to appropriate equitable remedies, and may seek injunctive relief from a court of competent jurisdiction without the necessity of proving actual loss, in addition to whatever remedies either of them might have at law or equity. Any breach of this Section 12 10 (Confidentiality) will constitute a material breach of this Agreement and be grounds for immediate termination of this Agreement any applicable Purchasing Instrument, or in the State’s case the Agreement, in the exclusive discretion of the non-breaching Party.
Appears in 1 contract
Samples: Contracts Declaration & Execution
Non-Exclusive Equitable Remedy. Each Party acknowledges and agrees that due to the unique nature of Confidential Information there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach or threatened breach may allow a Party or third third-parties to unfairly compete with the other Party resulting in irreparable harm to such Party, and therefore, that upon any such breach or any threat thereof, each Party will be entitled to appropriate equitable remedies, and may seek injunctive relief from a court of competent jurisdiction without the necessity of proving actual loss, in addition to whatever remedies either of them might have at law or equity. Any breach of this Section 12 13 (Confidentiality) will shall constitute a material breach of this Agreement and be grounds for immediate termination of this Agreement in the exclusive discretion of the non-non- breaching Party.
Appears in 1 contract
Samples: Healthcare Agreements
Non-Exclusive Equitable Remedy. Each Party acknowledges and agrees that due to the unique nature of Confidential Information there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach or threatened breach may allow a Party or third parties to unfairly compete with the other Party resulting in irreparable harm to such Party, and therefore, that upon any such breach or any threat thereof, each Party will be entitled to appropriate equitable remedies, and may seek injunctive relief from a court of competent jurisdiction without the necessity of proving actual loss, in addition to whatever remedies either of them might have at law or equity. Any breach of this Section 12 18 (Confidentiality) will constitute a material breach of this Agreement and be grounds for immediate termination of this Agreement in the exclusive discretion of the non-breaching Party.
Appears in 1 contract
Samples: Application Service Provider Agreement (Natera, Inc.)
Non-Exclusive Equitable Remedy. Each Party acknowledges and agrees that due to the unique nature of Confidential Information Information, there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach or threatened breach may allow a Party or third parties Third Parties to unfairly compete with the other Party resulting in irreparable harm to such Party, and therefore, that upon any such breach or any threat thereof, each Party will be entitled to appropriate equitable remedies, and may seek injunctive relief from a court of competent jurisdiction without the necessity of proving actual loss, in addition to whatever remedies either of them might have at law or equity. Any breach of this Section 12 10 (Confidentiality) will constitute a material breach of this Agreement and be grounds for immediate termination of this Agreement any applicable Purchasing Instrument, or in the Governmental Entity ’s case the Agreement, in the exclusive discretion of the non-breaching Party.
Appears in 1 contract
Non-Exclusive Equitable Remedy. Each Party party acknowledges and agrees that due to the unique nature of the Confidential Information there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach or threatened breach may allow a Party party or third parties to unfairly compete with the other Party party, resulting in irreparable harm to such Partyparty, and therefore, that upon any such breach or any threat thereof, each Party party will be entitled to appropriate equitable remedies, and may seek injunctive relief from a court of competent jurisdiction without the necessity of proving actual loss, in addition to whatever remedies either of them might have at law or equityequity before an arbitrator in accordance with the arbitration provision of this Agreement. Any breach of this Section 12 17 (Confidentiality) will constitute a material breach of this Agreement and be grounds for immediate termination of this Agreement in the exclusive discretion of the non-non- breaching Partyparty.
Appears in 1 contract
Samples: Cloud Services License Agreement
Non-Exclusive Equitable Remedy. Each Party party acknowledges and agrees that due to the unique nature of Confidential Information and Patient Information there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach or threatened breach may allow a Party or third parties will cause substantial and continuing damages, the value of which will be difficult to unfairly compete with the ascertain, and other Party resulting in irreparable harm to such Partyfor which the payment of damages alone will be inadequate, and therefore, that upon any such breach or any threat thereof, each Party party will be entitled to appropriate equitable remedies, and may seek injunctive relief from a court of competent jurisdiction without the necessity of proving actual loss, in addition to whatever remedies either of them might have at law or equity. Any breach of this Section 12 (Confidentiality) will constitute a material breach of this Agreement and be grounds for immediate termination of this Agreement in the exclusive discretion of the non-breaching Party.
Appears in 1 contract
Samples: Data Participation Agreement
Non-Exclusive Equitable Remedy. Each Party acknowledges and agrees that due to the unique nature of Confidential Information there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach or threatened breach may allow a Party or third parties Third Parties to unfairly compete with the other Party party resulting in irreparable harm to such Party, and therefore, that upon any such breach or any threat thereof, each Party party will be entitled to appropriate equitable remedies, and may seek injunctive relief from a court of competent jurisdiction without the necessity of proving actual loss, in addition to whatever remedies either of them might have at law or equity. Any breach of this Section 12 (Confidentiality) any provisions relating to Confidential Information will constitute a material breach of this Agreement the agreement between the Parties and be grounds for immediate termination of this Agreement in the exclusive discretion of the non-non- breaching Party.
Appears in 1 contract
Samples: Technology Products, Services, and Solutions Master Agreement