Common use of Recourse to Courts and Other Remedies Clause in Contracts

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 13.1 and 13.2, any party may apply to the appropriate division of the courts of the State of California New York 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.