Common use of Non-Exclusive Equitable Remedy Clause in Contracts

Non-Exclusive Equitable Remedy. The Fund and BNYM each acknowledges and agrees that due to the unique nature of Confidential Information, including Customer and Employee Information, there may be no adequate remedy at law for any breach of its obligations hereunder, that any such breach or threatened breach may among other things 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 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. Confidential And Proprietary Execution Version