Provisional Remedy. Nothing in this Agreement shall limit the right of either Party to seek to obtain in any court of competent jurisdiction any equitable or interim relief or provisional remedy, including injunctive relief. Seeking or obtaining such equitable or interim relief or provisional remedy in a court shall not be deemed a waiver of this Agreement to arbitrate. For clarity, any such equitable remedies shall be cumulative and not exclusive and are in addition to any other remedies that either Party may have under this Agreement or applicable law.
Appears in 11 contracts
Samples: Development and License Agreement (Durect Corp), Development and License Agreement (Pain Therapeutics Inc), License Agreement (MAP Pharmaceuticals, Inc.)
Provisional Remedy. Nothing in this Agreement shall limit limits the right of either Party to seek to obtain in any court of competent jurisdiction any equitable or interim relief or provisional remedy, including injunctive relief. Seeking or obtaining such equitable or any interim relief or provisional remedy in a court shall will not be deemed a breach or waiver of this Agreement agreement to arbitrate. For clarity, any such equitable remedies shall be cumulative and not exclusive and are in addition to any other remedies that either Party may have under this Agreement or applicable law.
Appears in 4 contracts
Samples: Development and License Agreement (Metabasis Therapeutics Inc), Development and License Agreement (Valeant Pharmaceuticals International), Development and License Agreement (Valeant Pharmaceuticals International)
Provisional Remedy. Nothing in this Agreement shall limit limits the right of either Party to seek to obtain in any court of competent jurisdiction any equitable or interim relief or provisional remedy, including injunctive relief. Seeking or obtaining such equitable or any interim relief or provisional remedy in a court shall will not be deemed a breach or waiver of the agreement in this Agreement to arbitrate. For clarity, any such equitable remedies shall be cumulative and not exclusive and are in addition to any other remedies that either Party may have under this Agreement or applicable law.
Appears in 2 contracts
Samples: License Agreement (Ribapharm Inc), License Agreement (Ribapharm Inc)
Provisional Remedy. Nothing in this Agreement shall limit limits the right of either a Party to seek to obtain in any court of competent jurisdiction any equitable or interim relief or provisional remedy, including injunctive relief. Seeking or obtaining such equitable or any interim relief or provisional remedy in a court shall will not be deemed a breach or waiver of the agreement in this Agreement to arbitrate. For clarity, any such equitable remedies shall be cumulative and not exclusive and are in addition to any other remedies that either Party may have under this Agreement or applicable law.
Appears in 2 contracts
Samples: Agreement (Agreement (Ribapharm Inc), Agreement (Agreement (Icn Pharmaceuticals Inc)
Provisional Remedy. Nothing in this Agreement shall limit the right of either Party to seek to obtain in any court of competent jurisdiction any equitable or interim relief or provisional remedy, including injunctive relief. Seeking or obtaining such equitable or interim relief or provisional remedy in a court shall not be deemed a waiver of this Agreement to arbitrate. For clarity, any such equitable remedies shall be cumulative and not exclusive and are in addition to any other remedies that either Party may have under this Agreement or applicable law.
Appears in 1 contract
