Recourse to Courts and Other Remedies. Notwithstanding the Dispute resolution procedures contained in Sections 13.1 and 13.2, any party may apply to the appropriate division of the courts of the State of California having proper jurisdiction (i) to enforce this agreement to arbitrate, (ii) to decide issues of arbitrability, (iii) to seek interim injunctive relief so as to maintain the status quo until the arbitration award is rendered or the Dispute is otherwise resolved, (iv) to avoid the expiration of any applicable limitation period, (v) to preserve a superior position with respect to other creditors, (vi) to challenge or vacate any final judgment, award or decision of the arbitrator under the circumstances and to the effect allowed, (vii) to enforce the payment of undisputed amounts, or (vii) to seek post-arbitration injunctive relief for the protection of any Intellectual Property Rights of a party.
Recourse to Courts and Other Remedies. Notwithstanding the Dispute resolution procedures contained in Sections 10.1 and 10.2, any party may apply to any court having jurisdiction (a) to enforce this agreement to arbitrate, (b) to seek provisional injunctive relief so as to maintain the status quo until the arbitration award is rendered or the Dispute is otherwise resolved, (c) to avoid the expiration of any applicable limitation period, (d) to preserve 26
Recourse to Courts and Other Remedies. Notwithstanding the dispute resolution procedures contained in this paragraph, any party may apply to any court having jurisdiction (a) to enforce this Agreement to arbitrate, (b) to preserve a superior position with respect to other creditors (c) to enforce any final judgment or award of the Arbitrator or (d) to challenge or vacate any final judgment, award or decision of the Arbitrator that does not comport with the express provisions of this paragraph.
Recourse to Courts and Other Remedies. Notwithstanding the Dispute resolution procedures contained in Section 11.1, either Party may apply to any court having jurisdiction (i) to enforce this agreement to arbitrate, (ii) to seek provisional injunctive relief so as to enforce any agreements in this Agreement, the Software License Agreement or the Service Xxxx License Agreement until the arbitration award is rendered or the Dispute is otherwise resolved, (iii) to avoid the expiration of any applicable limitation period, (iv) to preserve a superior position with respect to other creditors or (v) to challenge or vacate any final judgment, award or decision of the Panel that does not comport with the express provisions of Section 11.1.
Recourse to Courts and Other Remedies. Notwithstanding the Dispute resolution procedures contained in Sections 4.1, 4.2, 4.3 and 4.4, any party may apply to any court having jurisdiction (i) to enforce this agreement to negotiate, mediate and arbitrate, (ii) to seek provisional injunctive relief so as to maintain the status quo until the arbitration award is rendered or the Dispute is otherwise resolved, (iii) to avoid the expiration of any applicable limitation period, (iv) to preserve a superior position with respect to other creditors or (v) to challenge or vacate any final judgment, award or decision of the Panel that does not comport with the express provisions of this Agreement.
Recourse to Courts and Other Remedies. Nothing in this Article 10 shall prevent either Party from seeking injunctive relief that such Party deems necessary with respect to any Dispute that by its nature is not curable, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the claim). Each Party irrevocably consents and submits to the exclusive jurisdiction of the courts of the State of California and the federal courts situated in the in Southern District of California, in connection with any action permitted under this Section 10.5.
Recourse to Courts and Other Remedies. Notwithstanding the Dispute resolution procedures contained in this Schedule, any Party may apply to any court having jurisdiction (a) to enforce this Agreement to arbitrate, (b) to seek injunctive relief so as to maintain the status quo until the arbitration award is rendered or the Dispute is otherwise resolved, (c) to avoid the expiration of any applicable limitation period, or (d) to preserve a superior position with respect to other creditors.
Recourse to Courts and Other Remedies. Notwithstanding the Dispute ------------------------------------- resolution procedures contained in Sections 10.1 and 10.2, any party may apply ------------- ---- to any court having jurisdiction (a) to enforce this agreement to arbitrate, (b) to seek provisional injunctive relief so as to maintain the status quo until the arbitration award is rendered or the Dispute is otherwise resolved, (c) to avoid the expiration of any applicable limitation period, (d) to preserve a superior position with respect to other creditors or (e) to challenge or vacate any final judgment, award or decision of the Panel that does not comport with the express provisions of Section 10.2. ------------
Recourse to Courts and Other Remedies. Notwithstanding the dispute resolution procedures contained in this Agreement, any Party may at any time apply to any court specified in Section 12.14: (a) to enforce the agreement to arbitrate; (b) to seek injunctive or other equitable relief with respect to any dispute involving: (i) misuse or release, or threatened misuse or release, of Confidential [nformation; (ii) the ownership, ability to utilize, or infringement of intellectual property; or (iii) other breach or threatened breach of the Agreement in connection with which a Party deems it necessary or advisable to seek injunctive or other equitable relief; (c) to avoid the expiration of any applicable limitation period; or (d) to preserve a superior position with respect to other creditors. The Parties expressly waive all rights whatsoever to file an appeal against or otherwise to challenge any award by the Arbitrators hereunder, provided that a Party may enforce an arbitration judgment pursuant to 9 u.s.c.§9.
Recourse to Courts and Other Remedies. Notwithstanding the Dispute resolution procedures contained in this Attachment, any party may apply to any court having jurisdiction (a) to enforce the Agreement to arbitrate, (b) to seek injunctive relief so as to maintain the status quo until the arbitration award is rendered or the Dispute is otherwise resolved, (c) to avoid the expiration of any applicable limitation period, (c) to protect Confidential Information, or (d) to preserve a superior position with respect to other creditors. Attachment D In-Kind Engineering Services
