Upon Injunction Clause Samples

The 'Upon Injunction' clause outlines the procedures and consequences that take effect if a court issues an injunction related to the agreement. Typically, this clause specifies the parties' obligations, such as suspending certain activities or complying with court orders, until the injunction is resolved. Its core function is to ensure that both parties understand their immediate responsibilities and the impact on contractual obligations when legal action temporarily restricts performance, thereby minimizing confusion and legal risk during litigation.
Upon Injunction. 10.1.3.1 Without in any manner limiting the foregoing indemnification obligations, in the event of an injunction or other judicial action preventing or restricting an Indemnified Party’s use or enjoyment of the Products or Services, in whole or in part, Motricity shall at Motricity’s sole expense and at Motricity’s sole option and direction, either: (i) procure for the Indemnified Party the right to continue using the infringing Products or Services; (ii) replace such Products or Services with a non-infringing product or service without loss of any functionality and that is, and in full compliance with all of the representations and warranties set forth in this Agreement, and all specifications and requirements applicable to the Product or Service, which substitute product Motricity shall fully deploy, and Motricity shall fully compensate the Indemnified Party for all costs, expenses and fines associated with such replacement; or (iii) modify such Deliverable(s)(without loss of any functionality and such that the Product or Service is fully compliant with all of the representations and warranties set forth in this Agreement and all specifications and requirements applicable to the Product or Service), to make them non-infringing and after which modification, the Products or Services will be in full compliance with all of the representations and warranties set forth in this Agreement, which modified product Motricity shall fully deploy, and Motricity shall fully compensate the Indemnified Party for all costs, expenses, and fines associated with such modification and deployment.
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Related to Upon Injunction

  • Right to Injunction Executive acknowledges that a breach of the covenants set forth in Section 10 hereof will cause irreparable damage to the Company with respect to which the Company’s remedy at law for damages will be inadequate. Therefore, in the event of breach or anticipatory breach of the covenants set forth in this section by Executive, Executive and the Company agree that the Company shall be entitled to seek the following particular forms of relief, in addition to remedies otherwise available to it at law or equity: (A) injunctions, both preliminary and permanent, enjoining or restraining such breach or anticipatory breach and Executive hereby consents to the issuance thereof forthwith and without bond by any court of competent jurisdiction; and (B) recovery of all reasonable sums as determined by a court of competent jurisdiction expended and costs, including reasonable attorney’s fees, incurred by the Company to enforce the covenants set forth in this section.

  • No Injunction No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby, which prohibits the consummation of any of the transactions contemplated by this Agreement or the Warrant Agreement.

  • No Injunctions No Governmental Entity of competent jurisdiction shall have enacted, issued, promulgated, enforced or entered any order, executive order, stay, decree, judgment or injunction (preliminary or permanent) or statute, rule or regulation which is in effect and which has the effect of making the Merger illegal or otherwise prohibiting consummation of the Merger or the other transactions contemplated by this Agreement.

  • No Injunction, Etc No action, proceeding, investigation, regulation or legislation shall have been instituted, threatened or proposed before any Governmental Authority to enjoin, restrain, or prohibit, or to obtain substantial damages in respect of, or which is related to or arises out of this Agreement or the other Loan Documents or the consummation of the transactions contemplated hereby or thereby, or which, in the Administrative Agent’s sole discretion, would make it inadvisable to consummate the transactions contemplated by this Agreement or the other Loan Documents or the consummation of the transactions contemplated hereby or thereby.

  • Injunction The Executive agrees that it would be difficult to measure any damages caused to the Company which might result from any breach by the Executive of the promises set forth in this Section 7, and that in any event money damages would be an inadequate remedy for any such breach. Accordingly, subject to Section 8 of this Agreement, the Executive agrees that if the Executive breaches, or proposes to breach, any portion of this Agreement, the Company shall be entitled, in addition to all other remedies that it may have, to an injunction or other appropriate equitable relief to restrain any such breach without showing or proving any actual damage to the Company.