Common use of Reservation for Litigation Clause in Contracts

Reservation for Litigation. Notwithstanding Sections 12.1 and 12.3, each party expressly reserves the right to seek judicial relief from a court of competent jurisdiction if the other party is or appears to be in violation of such other party's obligations of non-use and non-disclosure under Article 10 above, including, without limitation, any injunction or other preliminary relief. Nothing in this Section 12.2 shall preclude a party from seeking such interim relief with respect to any disputes or claims arising under this Agreement as may be available under the commercial arbitration rules as provided in Section 12.3.

Appears in 2 contracts

Samples: Exclusive License Agreement (Ilex Oncology Inc), Exclusive License Agreement (Ilex Oncology Inc)

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Reservation for Litigation. Notwithstanding Sections 12.1 and 12.3Section 15.3 below, each party Party expressly reserves the right to seek judicial relief from a court of competent jurisdiction if the other party Party is or appears to be in violation of such other party's Party’s obligations of non-use and non-disclosure under Article 10 11 above, including, without limitation, any injunction or other preliminary relief. Nothing in this Section 12.2 shall preclude a party from seeking such interim relief with respect to any disputes or claims arising under this Agreement as may be available under the commercial arbitration rules as provided in Section 12.3.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Sucampo Pharmaceuticals, Inc.), Collaboration and License Agreement (Sucampo Pharmaceuticals, Inc.)

Reservation for Litigation. Notwithstanding Sections 12.1 and 12.3Section 12.3 below, each party Party expressly reserves the right to seek judicial relief from a court of competent jurisdiction if the other party Party is or appears to be in violation of such other party's Party’s obligations of non-use and non-disclosure under Article 10 8 above, including, without limitation, any injunction or other preliminary relief. Nothing in this Section 12.2 shall preclude a party from seeking such interim relief with respect to any disputes or claims arising under this Agreement as may be available under the commercial arbitration rules as provided in Section 12.3; PROVIDED, HOWEVER, THAT EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY RIGHTS THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION UNDER THIS SECTION 12.2.

Appears in 1 contract

Samples: Supply Agreement (Sucampo Pharmaceuticals, Inc.)

Reservation for Litigation. Notwithstanding Sections 12.1 and 12.3Section 14.3 below, each party expressly reserves the right to seek judicial relief from a court of competent jurisdiction if the other party is or appears to be in violation of such other party's obligations of non-use and non-disclosure under Article 10 above, including, without limitation, any injunction or other preliminary relief. Nothing in this Section 12.2 shall preclude a party from seeking such interim relief with respect to any disputes or claims arising under this Agreement as may be available under the commercial arbitration rules as provided in Section 12.3.

Appears in 1 contract

Samples: License, Research and Development Agreement (Mgi Pharma Inc)

Reservation for Litigation. Notwithstanding Sections 12.1 and 12.3Section 17.3 below, each party Party expressly reserves the right to seek judicial relief from a court of competent jurisdiction if the other party Party is or appears to be in violation of such other party's Party’s obligations of non-use and non-disclosure under Article 10 10.0 above, including, without limitation, any injunction or other preliminary relief. Nothing in this Section 12.2 shall preclude a party from seeking such interim relief with respect to any disputes or claims arising under this Agreement as may be available under the commercial arbitration rules as provided in Section 12.3.

Appears in 1 contract

Samples: Distribution Agreement (United Therapeutics Corp)

Reservation for Litigation. Notwithstanding Sections 12.1 and 12.3Section 12.1, each party expressly reserves reserve the right to seek judicial relief, including, without limitation, any injunction or other preliminary relief from a court of competent jurisdiction jurisdiction, if the other party is or appears to be in violation of such other party's its obligations of non-use and non-disclosure under Article 10 above, including, without limitation, any injunction or other preliminary relief. Nothing in this Section 12.2 12.2. shall preclude a party from seeking such interim relief with respect to any disputes or claims arising under this Agreement as may be available under the commercial arbitration rules as a provided in Section 12.3.

Appears in 1 contract

Samples: Exclusive License Agreement (Ilex Oncology Inc)

Reservation for Litigation. Notwithstanding Sections 12.1 and 12.3Section 16.3 below, each party Party expressly reserves the right to seek judicial relief from a court of competent jurisdiction if the other party Party is or appears to be in violation of such other party's Party’s obligations of non-use and non-disclosure under Article 10 above, including, without limitation, above and each Party expressly reserves the right to seek injunctive or similar equitable relief for any injunction violation or other preliminary relief. Nothing in this Section 12.2 shall preclude a party from seeking such interim relief with respect to any disputes or claims arising under this Agreement as may be available under the commercial arbitration rules as provided in Section 12.3breach hereunder.

Appears in 1 contract

Samples: Distribution Agreement (UNITED THERAPEUTICS Corp)

Reservation for Litigation. Notwithstanding Sections 12.1 and 12.3Section 15.3 below, each party Party expressly reserves the right to seek judicial relief from a court of competent jurisdiction if the other party Party is or appears to be in violation of such other party's Party’s obligations of non-use and non-disclosure under Article 10 above, including, without limitation, any injunction or other preliminary relief. Nothing in this Section 12.2 shall preclude a party from seeking such interim relief with respect to any disputes or claims arising under this Agreement as may be available under the commercial arbitration rules as provided in Section 12.3.and

Appears in 1 contract

Samples: Collaboration and License Agreement

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Reservation for Litigation. Notwithstanding Sections 12.1 and 12.3Section 14.3 below, each party Party expressly reserves the right to seek judicial relief from a court of competent jurisdiction if the other party Party is or appears to be in violation of such other party's Party’s obligations of non-use and non-disclosure under Article 10 above, including, without limitation, any injunction or other preliminary relief. Nothing in this Section 12.2 shall preclude a party from seeking such interim relief with respect to any disputes or claims arising under this Agreement as may be available under the commercial arbitration rules as provided in Section 12.3.

Appears in 1 contract

Samples: Confidentiality Agreement (Sucampo Pharmaceuticals, Inc.)

Reservation for Litigation. Notwithstanding Sections 12.1 and 12.3Section 13.3 below, each party Party expressly reserves the right to seek judicial relief from a court of competent jurisdiction if the other party Party is or appears to be in violation of such other partyParty's obligations of non-use and non-disclosure under Article 10 11.0 above, including, without limitation, any injunction or other preliminary relief. Nothing in this Section 12.2 shall preclude a party from seeking such interim relief with respect to any disputes or claims arising under this Agreement as may be available under the commercial arbitration rules as provided in Section 12.3.

Appears in 1 contract

Samples: License Agreement (Mgi Pharma Inc)

Reservation for Litigation. Notwithstanding Sections 12.1 and 12.3Section 13.3 below, each party Party expressly reserves the right to seek judicial relief (including, without limitation, an injunction or other preliminary relief) from a court of competent jurisdiction if the other party is or appears to be in violation of such other party's obligations of non-use and non-disclosure under Article 10 above, including, without limitation, any injunction or other preliminary relief. Nothing in this Section 12.2 shall preclude a party from seeking such interim relief with respect to any disputes or claims arising under this Agreement as may be available under the commercial arbitration rules as provided in Section 12.3jurisdiction.

Appears in 1 contract

Samples: License Agreement (Mgi Pharma Inc)

Reservation for Litigation. Notwithstanding Sections 12.1 13.1 and 12.313.3, each party Party expressly reserves the right to seek judicial relief from a court of competent jurisdiction if the other party Party is or appears to be in violation of such other partyParty's obligations of non-use and non-disclosure under Article 10 11.0 above, including, without limitation, any injunction or other preliminary relief. Nothing in this Section 12.2 13.2 shall preclude a party Party from seeking such interim relief with respect to any disputes or claims arising under this Agreement as may be available under the commercial arbitration rules Rules of Conciliation and Arbitration as provided in Section 12.3.13.3. 13.3

Appears in 1 contract

Samples: Development, Marketing and Cooperation Agreement (Mgi Pharma Inc)

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