Common use of Remedies of Certifier Clause in Contracts

Remedies of Certifier. Notwithstanding any other provision of this Agreement, Certifier shall have all the rights and remedies which it may have, at law or in equity. Winegrower acknowledges that failure to use or to discontinue use of the Trustmark and any Authorized Certification Claim in accordance with this Agreement will result in immediate and irreparable harm to Certifier, and agrees that termination of this Agreement shall not be considered an exclusive remedy therefor or in any way limit Certifier from enforcing its other rights or remedies. Winegrower acknowledges and agrees that there would be no adequate remedy at law for its failure to comply with the provisions of this Agreement and agrees that, in the event of such failure and in addition to the foregoing rights, Certifier shall be entitled to equitable relief by way of temporary restraining order, preliminary injunction and permanent injunction and such other and further relief as any court with jurisdiction may deem just and proper, without the necessity of posting bond or proving actual damages.

Remedies of Certifier. Notwithstanding any other provision of this Agreement, Certifier shall have all the rights and remedies which it may have, at law or in equity. Winegrower Winery acknowledges that failure to use or to discontinue use of the Trustmark and any Authorized Certification Claim in accordance with this Agreement will result in immediate and irreparable harm to Certifier, and agrees that termination of this Agreement shall not be considered an exclusive remedy therefor or in any way limit Certifier from enforcing its other rights or remedies. Winegrower Winery acknowledges and agrees that there would be no adequate remedy at law for its failure to comply with the provisions of this Agreement and agrees that, in the event of such failure and in addition to the foregoing rights, Certifier shall be entitled to equitable relief by way of temporary restraining order, preliminary injunction and permanent injunction and such other and further relief as any court with jurisdiction may deem just and proper, without the necessity of posting bond or proving actual damages.