Common use of Right to Injunctive Relief Before Appointment of Arbitrators Clause in Contracts

Right to Injunctive Relief Before Appointment of Arbitrators. With respect to any violations of this Agreement which would cause or might cause irreparable injury to any one of the parties to this Agreement, any party may, in addition to any other rights under this Agreement and notwithstanding the dispute resolution procedures including, particularly, the arbitration agreement contained in this Section 17.2, seek specific performance of this Agreement and injunctive relief in any court of competent jurisdiction against any ongoing violation of this Agreement. Prior to the appointment of the arbitrators pursuant to the arbitration agreement, any party hereto may seek provisional or interim measures from any court of competent jurisdiction. After the appointment of the arbitrators, the arbitrators shall have exclusive power to consider and grant requests for provisional or interim measures.

Appears in 3 contracts

Samples: Operating Company Agreement (Earthlink Inc), Limited Liability Company Agreement (Earthlink Inc), Limited Liability Company Agreement (Earthlink Inc)

AutoNDA by SimpleDocs

Right to Injunctive Relief Before Appointment of Arbitrators. With respect to any violations of this Agreement which that would cause or might cause irreparable injury to any one of the parties to this AgreementAgreement (and any time periods and notice periods specified thereon), any such party may, in addition to any other rights under this Agreement or any Ancillary Document and notwithstanding the dispute resolution procedures including, particularly, the mediation provisions and arbitration agreement contained in this Section 17.28.11 (and any time periods and notice periods specified thereon), seek specific performance of this Agreement and injunctive relief in any court of competent jurisdiction against any ongoing violation of this Agreement. Prior to the appointment of the arbitrators pursuant to the arbitration agreement, any party hereto may seek provisional or interim measures from any court of competent jurisdiction. After the appointment of the arbitrators, the arbitrators shall have exclusive power to consider and grant requests for provisional or interim measures.

Appears in 1 contract

Samples: Contribution and Formation Agreement (Superior Essex Inc)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!