Common use of Provisional Remedies; No Waiver Clause in Contracts

Provisional Remedies; No Waiver. Notwithstanding the Parties agreement to arbitrate in Sections 23.7.5 or 23.7.6 as the case may be, a Party may apply at any time to any court or courts having jurisdiction over the relevant Party or Parties for an order (that is NOT dispositive or final of any Dispute), including, but not limited to, an ex parte temporary restraining order, temporary injunction proceedings, or other provisional or interim/ancillary remedies or equitable relief (each a “Temporary Action”) seeking protection: (1) of its Confidential Information provided hereunder as described in Section 10; or (2) from a breach of or non-compliance with any Software license grant in Section 2 of this Agreement or from infringement, misappropriation, or a violation of such applying Party’s intellectual property rights forming a part of any Product or otherwise, including any and all rights protectable under intellectual property laws anywhere in the world such as (by way of example) patent, copyright, trade secret, and trademark law; provided, however, no such Temporary Action shall be a final disposition of any matter to be submitted to arbitration nor it shall compromise, limit, or avoid the sole and exclusive right of the arbitrators to decide and finally dispose of all Disputes subject to arbitration hereunder, including, without limitation, granting temporary or permanent relief of the subject of any request for Temporary Action. The institution and maintenance of a Temporary Action shall not be deemed an election of remedies or constitute a waiver or abrogation (in whole or in part) of the agreed right and obligation of each Party, including the plaintiff in any arbitration or Temporary Action, to submit each and every Dispute to arbitration, nor supersede or render inapplicable (all or in part) the agreed compulsory arbitration provisions of this Agreement.

Provisional Remedies; No Waiver. Notwithstanding the Parties agreement to arbitrate in Sections 23.7.5 21.4.5 or 23.7.6 21.4.6 as the case may be, a Party may apply at any time to any court or courts having jurisdiction over the relevant Party or Parties for an order (that is NOT dispositive or final of any Dispute), including, but not limited to, an ex parte temporary restraining order, temporary injunction proceedings, or other provisional or interim/ancillary remedies or equitable relief (each a “Temporary Action”) seeking protection: (1) of its Confidential Information provided hereunder as described in Section 10; or (2) from a breach of or non-compliance with any Software license grant in Section 2 of this Agreement or from infringement, misappropriation, or a violation of such applying Party’s intellectual property rights forming a part of any Product or otherwise, including any and all rights protectable under intellectual property laws anywhere in the world such as (by way of example) patent, copyright, trade secret, and trademark law; provided, however, no such Temporary Action shall be a final disposition of any matter to be submitted to arbitration nor it shall compromise, limit, or avoid the sole and exclusive right of the arbitrators to decide and finally dispose of all Disputes subject to arbitration hereunder, including, without limitation, granting temporary or permanent relief of the subject of any request for Temporary Action. The institution and maintenance of a Temporary Action shall not be deemed an election of remedies or constitute a waiver or abrogation (in whole or in part) of the agreed right and obligation of each Party, including the plaintiff in any arbitration or Temporary Action, to submit each and every Dispute to arbitration, nor supersede or render inapplicable (all or in part) the agreed compulsory arbitration provisions of this Agreement.

Provisional Remedies; No Waiver. Notwithstanding the Parties agreement to arbitrate in Sections 23.7.5 23.8.5 or 23.7.6 23.8.6 as the case may be, a Party may apply at any time to any court or courts having jurisdiction over the relevant Party or Parties for an order (that is NOT dispositive or final of any Dispute), including, but not limited to, an ex parte temporary restraining order, temporary injunction proceedings, or other provisional or interim/ancillary remedies or equitable relief (each a “Temporary Action”) seeking protection: (1) of its Confidential Information provided hereunder as described in Section 10; or (2) from a breach of or non-compliance with any Software license grant in Section 2 of this Agreement or from infringement, misappropriation, or a violation of such applying Party’s intellectual property rights forming a part of any Product or otherwise, including any and all rights protectable under intellectual property laws anywhere in the world such as (by way of example) patent, copyright, trade secret, and trademark law; provided, however, no such Temporary Action shall be a final disposition of any matter to be submitted to arbitration nor it shall compromise, limit, or avoid the sole and exclusive right of the arbitrators to decide and finally dispose of all Disputes subject to arbitration hereunder, including, without limitation, granting temporary or permanent relief of the subject of any request for Temporary Action. The institution and maintenance of a Temporary Action shall not be deemed an election of remedies or constitute a waiver or abrogation (in whole or in part) of the agreed right and obligation of each Party, including the plaintiff in any arbitration or Temporary Action, to submit each and every Dispute to arbitration, nor supersede or render inapplicable (all or in part) the agreed compulsory arbitration provisions of this Agreement.