Common use of Provisional Remedies Clause in Contracts

Provisional Remedies. The procedures specified in this Section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however that a party, without prejudice to the mandatory procedures of this Section, may file a complaint for statute of limitations or venue reasons, or seek a preliminary injunction or other provisional judicial relief, if in its sole judgment such action is necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding such action, the parties will continue to participate in good faith in the procedures specified in this Section.

Appears in 4 contracts

Samples: Realmedia Architecture Partner Program Agreement (Digital Lava Inc), Realmedia Architecture Partner Program Agreement (Digital Lava Inc), Realmedia Architecture Partner Program Agreement (Digital Lava Inc)

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Provisional Remedies. The procedures specified in this Section 7 shall -------------------- be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however however, that a party, without prejudice to the mandatory procedures of this Sectionthese -------- ------- procedures, may file a complaint for statute of limitations or venue reasons, or seek a preliminary injunction or other provisional judicial reliefrelief if, if in its sole judgment judgment, such action is deemed necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding During such action, the parties will continue to participate in good faith in the procedures specified in this SectionSection 7.

Appears in 3 contracts

Samples: Sublicense Agreement (Nexell Therapeutics Inc), Sublicense Agreement (Nexell Therapeutics Inc), Sublicense Agreement (Nexell Therapeutics Inc)

Provisional Remedies. The procedures specified in this Section Article 10 shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however however, that a either party, without prejudice to the mandatory procedures of this Sectionabove procedures, may file a complaint (for statute of limitations or venue reasons, ) or to seek a preliminary injunction or other provisional judicial relief, if in its sole judgment such action is necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding Despite such action, action the parties will continue to participate in good faith in the procedures specified in this SectionArticle 10.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Jones Energy, Inc.), Asset Purchase Agreement (Jones Energy, Inc.)

Provisional Remedies. The procedures specified in this Section 8 shall -------------------- be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however however, that a party, without prejudice to the mandatory procedures of this Sectionthese -------- ------- procedures, may file a complaint for statute of limitations or venue reasons, or seek a preliminary injunction or other provisional judicial reliefrelief if, if in its sole judgment judgment, such action is deemed necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding During such action, the parties will continue to participate in good faith in the procedures specified in this SectionSection 8.

Appears in 2 contracts

Samples: Sublicense Agreement (Nexell Therapeutics Inc), Sublicense Agreement (Nexell Therapeutics Inc)

Provisional Remedies. The procedures specified in this Section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however however, that a either party, without prejudice to the mandatory procedures of this Sectionabove procedures, may file a complaint (for statute of limitations or venue reasons, ) or to seek a preliminary injunction or other provisional judicial relief, if in its sole judgment judgment, such action is necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding Despite such action, action the parties will continue to participate in good faith in the procedures specified in this Section.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sport Supply Group Inc)

Provisional Remedies. The procedures specified in this Section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreementagreement; provided, however however, that a party, without prejudice to the mandatory procedures of this Sectionabove procedures, may file a complaint for statute of limitations or venue reasons, or to seek a preliminary injunction or other provisional judicial relief, if in its sole judgment such action is necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding Despite such action, action the parties will continue to participate in good faith in the procedures specified in this Section.

Appears in 1 contract

Samples: Service Agreement (General Housing Inc)

Provisional Remedies. The procedures specified in this Section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however however, that a either party, without prejudice to the mandatory procedures of this Sectionabove procedures, may file a complaint (for statute statue of limitations or venue reasons, ) or seek a preliminary injunction or other provisional judicial relief, if in its sole judgment such action is necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding Despite such action, the parties will continue to participate in good faith in the procedures specified in this Section.

Appears in 1 contract

Samples: Asset Purchase Agreement (WHX Corp)

Provisional Remedies. The procedures specified in this Section Article 11 shall be the -------------------- sole and exclusive procedures for the resolution of disputes between the parties Parties arising out of or relating to this Agreement; provided, however however, that a partyParty, without prejudice to the mandatory procedures of this Sectionabove procedures, may file a complaint (for statute of limitations or venue reasons, reasons or to seek a preliminary injunction or other provisional judicial relief), if in its sole reasonable judgment such action is necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding Despite such action, action the parties Parties will continue to participate in good faith in following the dispute resolution procedures specified in this SectionArticle 11.

Appears in 1 contract

Samples: Stock Purchase Agreement (Stoneridge Inc)

Provisional Remedies. The procedures specified in this Section 10 shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this AgreementDisputes; provided, however that however, a party, without prejudice to the mandatory procedures of this Section, may file a complaint for purposes of tolling the statute of limitations or venue reasonslimitations, or seek a preliminary injunction or other provisional judicial relief, if in its sole judgment such action is necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding such action, the parties will continue to participate in good faith in the procedures specified in this Section.

Appears in 1 contract

Samples: Operating Agreement (Gold Kist Inc)

Provisional Remedies. The procedures specified in this Section shall be 13 are the sole 27 and exclusive procedures for the resolution of disputes between among the parties Parties arising out of or 28 relating to this Agreement; provided, however however, that a party, without prejudice to the mandatory procedures of this Section, Party may file a complaint for statute of limitations or venue reasons, or seek a preliminary injunction or 29 other provisional judicial reliefrelief if, if in its sole judgment judgment, such action is necessary to avoid irreparable 30 damage or to preserve the status quo. Notwithstanding Despite such action, the parties Parties will continue to participate 31 in good faith in the procedures specified in this SectionSection 13.

Appears in 1 contract

Samples: Intergovernmental Agreement

Provisional Remedies. The procedures specified in this Section shall 13.1 will be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however however, that a party, without prejudice to the mandatory procedures of this Sectionabove procedures, may file a complaint for statute of limitations or venue reasons, or to seek a preliminary injunction or other provisional judicial relief, if in its sole judgment . Despite such action is necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding such action, the parties will continue to participate in good faith in the procedures specified in this SectionSection 13.1.

Appears in 1 contract

Samples: Hemophilia Product Volume Commitment Agreement (Coram Healthcare Corp)

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Provisional Remedies. The procedures specified in this Section Article shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however however, that a either party, without prejudice to the mandatory procedures of this Sectionabove procedures, may file a complaint (for statute of limitations or venue reasons, ) or to seek a preliminary injunction or other provisional judicial relief, if in its sole judgment such action is necessary to avoid irreparable damage or to preserve the status quodesirable. Notwithstanding Despite such action, action the parties will continue to participate in good faith in the procedures specified in this SectionArticle.

Appears in 1 contract

Samples: Stock Purchase Agreement (Heico Corp)

Provisional Remedies. The procedures specified in this Section 12.5 shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however that a partyParty, without prejudice to the mandatory procedures of this Sectionabove procedures, may file a complaint for statute of limitations or venue reasons, or seek a preliminary injunction injunctive relief or other provisional judicial relief, relief if in its sole judgment such action is necessary to avoid irreparable damage or to preserve the status quodamage. Notwithstanding Despite such action, action the parties will continue to participate in good faith in the procedures specified in this SectionSection 12.5.

Appears in 1 contract

Samples: Collaboration, Research and License Agreement (Curis Inc)

Provisional Remedies. The procedures specified in this Section 30 shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however however, that a party, without prejudice to the mandatory procedures of this Sectionthese procedures, may file a complaint for statute of limitations or venue reasons, or seek -------- ------- a preliminary injunction or other provisional judicial reliefrelief if, if in its sole judgment judgement, such action is deemed necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding During such action, the parties will continue to participate in good faith in the procedures specified in this SectionSection 30.

Appears in 1 contract

Samples: Hardware and Disposables Supply Agreement (Vimrx Pharmaceuticals Inc)

Provisional Remedies. The procedures specified in this Section Article 11 -------------------- shall be the sole and exclusive procedures for the resolution of disputes between the parties Parties arising out of or relating to this Agreement; provided, however however, that a partyParty, without prejudice to the mandatory procedures of this Sectionabove procedures, may file a complaint (for statute of limitations or venue reasons, reasons or to seek a preliminary injunction or other provisional judicial relief), if in its sole reasonable judgment such action is necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding Despite such action, action the parties Parties will continue to participate in good faith in following the dispute resolution procedures specified in this SectionArticle 11.

Appears in 1 contract

Samples: Stock Purchase Agreement (Stoneridge Inc)

Provisional Remedies. The procedures specified in this Section 32 shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however however, that a party, without prejudice to the mandatory procedures of this Sectionthese procedures, may file a complaint for statute of limitations or venue reasons, or seek -------- ------- a preliminary injunction or other provisional judicial reliefrelief if, if in its sole judgment judgement, such action is deemed necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding During such action, the parties will continue to participate in good faith in the procedures specified in this SectionSection 32.

Appears in 1 contract

Samples: Antibody Manufacturing and Storage Agreement (Vimrx Pharmaceuticals Inc)

Provisional Remedies. The procedures specified in this Section 12 shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however however, that a either party, without prejudice to the mandatory procedures of this Sectionabove procedures, may file a complaint for statute of limitations or venue reasons, reasons or to seek a preliminary injunction or other provisional judicial relief, if in its sole judgment such action is necessary to avoid irreparable damage or to preserve the status quo. Notwithstanding Despite such action, the parties will continue to participate in good faith in the procedures specified in this SectionSection 12.

Appears in 1 contract

Samples: Agreement of Purchase and Sale of Assets and Stock (Binks Sames Corp)

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