Special Relief. Employee understands and acknowledges that the Confidential Information of Company is a special, unique, unusual, extraordinary, and intellectual in character, which gives it a particular value, the loss of which cannot be reasonably compensated in damages in an action at law. Employee understands and acknowledges that in addition to any other rights or remedies that Company may possess, Company shall be entitled to injunctive and other equitable relief to prevent a breach of any provision of this Article IV of this Agreement by Employee.
Special Relief. Notwithstanding the requirements of Sections 18(c)(i) and 18(c)(ii), if a party makes a good faith determination that equitable or injunctive relief, a declaratory proceeding or an interpleader proceeding is necessary to protect the party's interests with respect to a specific dispute or a specific element(s) of a dispute, the party may seek equitable or injunctive relief or bring a declaratory proceeding or an interpleader proceeding upon that specific dispute or element(s) in any state or federal court in the judicial district that includes Wake County, North Carolina. All other issues within the dispute(s) will be resolved through arbitration under Section 18(c)(ii) above. If the Corporation initiates a proceeding for equitable and/or injunctive relief and fails to obtain such relief, the Corporation will pay all reasonable expenses, including counsel fees, incurred by the Rights Agent as the result of those proceedings. The Corporation will pay, or reimburse the Rights Agent for, the reasonable expenses, including counsel fees, of any declaratory or interpleader proceeding.
Special Relief. The Employee acknowledges that the restrictions contained in Sections 6 and 7 are reasonable and necessary to protect the business and interests of the Company and that any violation of these restrictions will cause substantial and irreparable injury to the Company. Therefore, notwithstanding the provisions of Section 18 below, the Employee agrees that the Company is entitled, in addition to any other remedies, to preliminary and permanent injunctive relief to secure specific performance, and to prevent a breach or contemplated breach of this Agreement.
Special Relief. Seller agrees that the remedy at law of Buyer for the violation of any of the provisions of this Section 10 will be inadequate and that Buyer shall be entitled to temporary and permanent injunctive relief against such violations.
Special Relief. Notwithstanding the requirements of Sections 10(a) and (b), if a party makes a good faith determination that injunctive relief or an interpleader proceeding is necessary to protect the party's interests with respect to a specific dispute or a specific element(s) of a dispute, the party may seek injunctive relief or bring an interpleader proceeding upon that specific dispute or element(s) in any state or federal court located within Wake County, North Carolina. All other issues within the dispute(s) will be resolved through arbitration under Section 10(b) above. If a party initiating a proceeding for injunctive relief fails to obtain such relief, that party will pay 6 all reasonable expenses, including attorneys' fees, incurred by the other party as the result of those proceedings. The User will pay, or reimburse the Bank, for all costs and expenses, including reasonable attorneys' fees, incurred as a result of an interpleader proceeding.
Special Relief. Nothing in this Section will prevent Proficio from seeking interim injunctive relief against Client or filing an action against Client to collect unpaid and past due amounts in any court of competent the courts having jurisdiction over the other party. Each party agrees that any breach of Section 5 shall result in irreparable harm to the non-breaching party for which there is no adequate remedy at law, and the non-breaching party shall be entitled to seek equitable relief (including without limitation injunctive relief), without bond, in addition to any other rights or remedies it may have arising from such breach from a court of competent jurisdiction. All rights and remedies hereunder are cumulative, may be exercised singularly or concurrently and, unless otherwise stated herein, shall not be deemed exclusive.
Special Relief. The Consultant understands and acknowledges that the trade secrets and confidential information of HSTI are of a special, unique, unusual, extraordinary intellectual character, which gives them a particular value, the loss of which cannot be reasonably compensated in damages in an action at law. The Consultant understands and acknowledges that in addition to any other rights or remedies that HSTI may possess, HSTI shall be entitled to injunctive and other equitable relief to prevent a breach of this Agreement by the Consultant.
Special Relief. Each of Hemosol and the Partnership agree that MDS may obtain an injunction or other appropriate relief against either of them if either contravenes or fails to comply with any provision of this Agreement in any way, and further agrees that the provisions of this Section may be pleaded against Hemosol and/or the Partnership, as applicable, by way of estoppel or defence.
Special Relief. The Consultant understands and acknowledges that the trade secrets and confidential information of HST are of a special, unique, unusual, extraordinary intellectual character, which gives them a particular value, the loss of which cannot be reasonably compensated in damages in an action at law. The Consultant understands and acknowledges that in addition to any other rights or remedies that HST may possess, HST shall be entitled to injunctive and other equitable relief to prevent a breach of this Agreement by the Consultant.
Special Relief. Any breach of Sections 5 (Ownership), 7 (Confidentiality) or 8 (Solicitation), 12B (duties on termination) or any provisions of the Letter Agreement identified as "Service Alliance" provisions would cause irreparable injury not compensable solely in money damages. If a party breaches or threatens to breach any of those provisions, the other party is entitled to a restraining order, preliminary injunction or other equivalent or appropriate relief it may have at law or in equity, as to the breach or threatened breach.
