Common use of Non-Exclusive Equitable Remedy Clause in Contracts

Non-Exclusive Equitable Remedy. Each Party acknowledges and agrees that due to the unique nature of Confidential Information there is no adequate remedy at law for any breach of its obligations hereunder and that any such breach or threatened breach may result in irreparable harm to such Party and, therefore, that upon any such breach or any threat thereof, each Party will be entitled to seek and obtain appropriate equitable and 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.

Appears in 3 contracts

Samples: Certain Defined Terms (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc)

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Non-Exclusive Equitable Remedy. Each Party acknowledges and party agrees that due to the unique nature of Confidential Information there is can be no adequate remedy at law for any breach of its such party's obligations hereunder under this Confidentiality section, and that therefore, upon any such breach or threatened breach may result in irreparable harm to such Party andbreach, therefore, that upon any such breach or any threat thereof, each Party the non-breaching party will be entitled entitled, in addition to seek and obtain other remedies available, to appropriate equitable and injunctive relief from a court of competent jurisdiction relief, without the necessity of proving actual loss, in addition to whatever remedies either of them might have at law posting bond or equityother security.

Appears in 2 contracts

Samples: Standard Contract, Standard Contract

Non-Exclusive Equitable Remedy. Each Party acknowledges and agrees that due to the unique nature of the Confidential Information there is no adequate remedy at law for Information, any breach of its obligations hereunder is not curable and that any such breach or threatened breach may result in irreparable harm to such Party andthere can be no adequate remedy at law, and therefore, that upon any such breach or any threat thereof, each the other Party will be entitled to seek and obtain appropriate equitable and 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 equityjurisdiction.

Appears in 2 contracts

Samples: Model Marketplace Agreement, Model Marketplace Agreement

Non-Exclusive Equitable Remedy. Each Party acknowledges and agrees that due to the unique nature of the Confidential Information there is no adequate remedy at law for any breach of its obligations hereunder is not curable and that any such breach or threatened breach may result in irreparable harm to such Party andthere can be no adequate remedy at law, and therefore, that upon any such breach or any threat thereof, each the other Party will be entitled to seek and obtain appropriate equitable and 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 equityjurisdiction.

Appears in 2 contracts

Samples: Subadvisory Agreement, Subadvisory Agreement

Non-Exclusive Equitable Remedy. Each Party party acknowledges and agrees that due to the unique nature of the Confidential Information there is can be no adequate remedy at law for any breach of its obligations hereunder hereunder, and that any such breach or threatened breach may result in irreparable harm to such Party and, therefore, that upon any such breach or any threat thereof, each Party party will be entitled to seek and obtain appropriate equitable and 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.

Appears in 1 contract

Samples: User License Agreement

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Non-Exclusive Equitable Remedy. Each Party party acknowledges and agrees that due to the unique nature of the Confidential Information there is can be no adequate remedy at law for any breach of its obligations hereunder hereunder, and that any such breach or threatened breach may result in irreparable harm to such Party and, therefore, that upon any such breach or any threat thereof, each Party party will be entitled to seek and obtain appropriate ap- propriate equitable and 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.

Appears in 1 contract

Samples: Online Service Agreement

Non-Exclusive Equitable Remedy. Each Party party acknowledges and agrees that due to the unique nature of Confidential Information Information, including Customer Data, there is can be no adequate remedy at law for any breach of its obligations hereunder hereunder, and that any such breach or threatened breach may result in irreparable harm to such Party and, therefore, that upon any such breach or any threat thereof, each Party party will be entitled to seek and obtain appropriate equitable and 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.

Appears in 1 contract

Samples: Master Services Agreement (Savvis Communications Corp)

Non-Exclusive Equitable Remedy. Each Party party acknowledges and agrees that that, due to the unique nature of Confidential Information Information, there is can be no adequate remedy at law for any breach of its such party's obligations hereunder under this Section 7, and that any such breach or threatened breach may result in irreparable harm to such Party and, therefore, that upon any such breach or any threat thereofthreatened breach, each Party the non-breaching party will be entitled to seek and obtain appropriate equitable and injunctive relief from a court of competent jurisdiction jurisdiction, without the necessity of posting bond or other security or proving it has sustained any actual loss, damage. This remedy will be in addition to whatever remedies either of them might have at law or equityany other remedy available to the non-breaching party under this Agreement.

Appears in 1 contract

Samples: Master Software and Professional Services Agreement

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