Remedies. If the Qlik Product becomes, or, in Qlik’s opinion, is likely to become, the subject of an IP Claim, Qlik may, at its option and expense, either: (i) obtain the right for Customer to continue using the Qlik Product in accordance with this Agreement; (ii) replace or modify the Qlik Product so that it becomes non-infringing while retaining substantially similar functionality; or (iii) if neither of the foregoing remedies can be reasonably provided by Qlik, terminate all rights to use the Qlik Products (without need for a ruling by a court or arbitrator) and refund as applicable a pro rata portion of unused, prepaid fees.
Remedies. Due to the unique and commercially sensitive nature of the Confidential Information, Recipient acknowledges that any actual or threatened breach of this Agreement willcause Gilead immediate and irreparable harm that cannot be adequately compensated by monetary damages and Recipient therefore agrees that Gilead shall not be required to demonstrate irreparable harm in order to seek or obtain injunctive relief orthreatened breach of this Agreement. In addition to any injunctive relief, Gilead may seek any other remedies available to it at law or equity.
Remedies. Any breach of the restrictions contained in this section is a breach of this Agreement that may cause irreparable harm to the non-breaching party. Any such breach shall entitle the non-breaching party to injunctive relief in addition to all other legal rem- edies.
Remedies. If the Institution violates or breaches, any of the provisions of this Agreement, Xxxxxxx may suffer immediate and irreparable harm which cannot be calculated accurately in monetary damages and Ergomed shall be entitled to seek injunctive relief or other lawful measures to prevent any actual or attempted breach by the Institution. The Institution hereby agrees that in case of breach of any of the provisions of this Agreement the Institution shall have to bear any and all reasonable expenses.
Remedies. If the Qlik Product becomes, or, in Qlik’s opinion, is likely to become, the subject of an IP Claim, Qlik may, at its option and expense, either: (i) obtain the right for Customer to continue using the Qlik Product in accordance with this Agreement; (ii) replace or modify the Qlik Product so that it becomes non-infringing while retaining substantially similar functionality; or (iii) if neither of the foregoing remedies can be reasonably provided by Qlik, terminate all rights to use the Qlik Products (without need for a ruling by a court or arbitrator) and refund as applicable a pro rata portion of prepaid subscription fees, or in the case of any perpetual license, the license fees amortized over three (3) years on a straight-line basis from the date of purchase. Customer agrees to delete or destroy any copies of the Software after the effective date of any such termination.
Remedies. If the Software becomes, or, in Qlik’s opinion, is likely to become, the subject of an IP Claim, Qlik may, at its option and expense, either: (i) obtain the right for Customer to continue using the Software in accordance with this Agreement; (ii) replace or modify the Software so that it becomes non-infringing while retaining substantially similar functionality; or (iii) if neither of the foregoing remedies can be reasonably effected by Qlik, terminate the license(s) for the subject Software (without need for a ruling by a court or arbitrator) and refund as applicable a pro rata portion of prepaid subscription fees, or license fees amortized over three (3) years on a straight-line basis, provided that such Software is returned to Qlik promptly after the effective date of any such termination.
Remedies. Overseas Recipient shall identify a contact person who is authorized to respond to inquiries or complaints concerning the processing of PI, and shall promptly handle such inquiries or complaints raised by PI Subject. Overseas Recipient shall notify PI Processor of the contact information of such contact person and shall, by separate notice or announcement on its website in an easy-to-understand manner, inform XX Subject of the contact information of such contact person. [The specific language shall be:] Contact person and contact information (office phone number or email address).
Remedies. The Parties acknowledge and agree that the unauthorized disclosure of any of the Confidential Information received may cause irreparable harm to the other Party in a way that is not compensable in monetary damages. As a consequence of the foregoing the Parties agree that each shall, in such instance, be entitled to seek interlocutory and permanent injunctions or other equitable relief, in addition to any other remedy, available at law.
Remedies. Upon a valid defect report by the Buyer in accordance with these terms, DESTEVI will provide the necessary instructions, which the Buyer must strictly follow. Specifically, if a Product or its component needs to be returned for repair, the Buyer will deliver it, at their expense, to DESTEVI’s premises. Products or components for which a return authorization has not been duly issued by DESTEVI will not be accepted.
Remedies. Without prejudice to other rights of action open to the right holder and subject to the right of the defendant to seek review by a judicial authority, competent authorities shall have the authority to order the destruction or disposal of infringing goods in accordance with the principles set out in Article 46. In regard to counterfeit trademark goods, the authorities shall not allow the re- exportation of the infringing goods in an unaltered state or subject them to a different customs procedure, other than in exceptional circumstances. Members may exclude from the application of the above provisions small quantities of goods of a non-commercial nature contained in travellers' personal luggage or sent in small consignments. Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale. Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity. In appropriate cases, remedies available shall also include the seizure, forfeiture and destruction of the infringing goods and of any materials and implements the predominant use of which has been in the commission of the offence. Members may provide for criminal procedures and penalties to be applied in other cases of infringement of intellectual property rights, in particular where they are committed wilfully and on a commercial scale.
1. Members may require, as a condition of the acquisition or maintenance of the intellectual property rights provided for under Sections 2 through 6 of Part II, compliance with reasonable procedures and formalities. Such procedures and formalities shall be consistent with the provisions of this Agreement.
2. Where the acquisition of an intellectual property right is subject to the right being granted or registered, Members shall ensure that the procedures for grant or registration, subject to compliance with the substantive conditions for acquisition of the right, permit the granting or registration of the right within a reasonable period of time so as to avoid unwarranted curtailment of the period of protection.
3. Article 4 of the Paris Convention (1967) shall apply mutatis mutandis to service marks.
4. Procedures concerning the acquisition or maintenance of intellectual property rights and, where a Member's law provides for such procedures, admi...