Arbitration; Injunctive Relief Sample Clauses

Arbitration; Injunctive Relief. Any controversy or claim arising out of or relating to this Agreement, directly or indirectly, or the performance or breach thereof, will be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration will be held in New York, New York, or such other place as may be agreed upon at the time by the parties to the arbitration. The parties shall bear their own expenses in connection with any arbitration or proceeding arising out of or relating to this Agreement, directly or indirectly, or the performance or breach thereof; provided, however, that in the event that the Employee substantially prevails, the Company agrees promptly to reimburse the Employee for all expenses (including costs and fees of witnesses, evidence and attorneys fees and expenses) reasonably incurred by him in investigating, prosecuting, defending, or preparing to prosecute or defend any action, proceeding or claim arising out of or relating to this Agreement, directly or indirectly, or the performance or breach thereof. The parties acknowledge and agree that a breach of Employee's obligations under Sections 14 or 15 could cause irreparable harm to Company for which Company would have no adequate remedy at law, and further agree that, notwithstanding the agreement of the parties to arbitrate controversies or claims as set forth above, the Company may apply to a court of competent jurisdiction to seek to enjoin preliminarily or permanently any breach or threatened breach of the Employee's obligations under Sections 14 and 15.
Arbitration; Injunctive Relief. Any disputes arising under the terms of this Agreement shall be settled by binding arbitration between the parties in the Wexford, Pennsylvania area in a proceeding held under the rules of the American Arbitration Association. The arbitrators shall have no authority to grant either party any consequential, incidental, punitive or special damages. Notwithstanding the foregoing provisions of this Section 11(b), recognizing the irreparable damage will result to the Protected Parties in the event of the breach or threatened breach of any of the covenants in Section 7 hereof, and that the Protected Parties’ remedies at law for any such breach or threatened breach will be inadequate, the Protected Parties, in addition to such other remedies which may be available to it (including, without, limitation immediate cessation of the Severance Payments), shall be entitled to an injunction, including a mandatory injunction, to be issued by any court of competent jurisdiction ordering compliance with this Agreement or enjoining and restraining Executive from the continuation of such breach.
Arbitration; Injunctive Relief. Except as provided below, all disputes or claims relating in any manner to this Agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrators shall be final and binding upon the parties and judgment upon the award may be entered in any court having competent jurisdiction. Notwithstanding, the parties may apply to a court of competent jurisdiction for any appropriate equitable or injunctive relief. The parties acknowledge that any use or threatened misuse of the Proprietary Information of either party will cause immediate irreparable harm to the non- breaching party for which there is no adequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach or threatened breach. Nothing contained herein shall limit either party's right to any remedies at law, including the recovery of damages. The prevailing party in any arbitration or action for equitable relief shall be entitled to collect its reasonable attorneys' fees and costs from the losing party.
Arbitration; Injunctive Relief. (a) Any claim, dispute, controversy or other matter in question with regard to this Agreement that cannot be resolved by negotiation between the parties shall be submitted to arbitration in accordance with the rules and regulations of the American Arbitration Association; provided, however, that (1) the foregoing shall not preclude either party from pursuing all available administrative, judicial or other remedies for infringement of a registered patent, trademark, service mark or copyright; (2) the parties shall not submit claims for punitive damages, and do hereby waive any right to the same; and
Arbitration; Injunctive Relief. 8.1 Except as to issues relating to the validity, construction or effect of any patent licensed hereunder, any and all claims, disputes or controversies arising under, out of, or in connection with this Agreement, which have not been resolved by communication between the parties, shall be resolved by final and binding arbitration in Boston, Massachusetts under the rules of the American Arbitration Association then obtaining. The arbitrators shall have no power to add to, subtract from or modify any of the terms or conditions of this Agreement. Any award rendered in such arbitration may be enforced by either party in either the courts of the Commonwealth of Massachusetts or in the United States District Court for the District of Massachusetts, to whose jurisdiction for such purposes Licensor and Licensee each hereby irrevocably consents and submits.
Arbitration; Injunctive Relief. Except as otherwise provided in Section 8 hereof, any dispute or controversy arising under this Agreement and relating to damages shall be settled by submitting the same to arbitration under the commercial rules of the American Arbitration Association, as then in effect, in Alexandria, Virginia. Any decision or determination from such an arbitration proceeding shall be final and binding and may be entered in any court having jurisdiction thereof, unless the decision or determination is in manifest disregard of the applicable law. Employee and Employer acknowledge, however, that in many situations damages are an inadequate remedy at law for the breach of many of the terms hereof (including, but not limited to, the covenants of Employee contained in Sections 6 and 7 hereof) and, accordingly, Employer is hereby granted and shall have the right of injunction (any requirements for posting of bonds for injunction are hereby expressly waived), and such other and further relief in equity as Employer may be entitled to receive under the laws of the Commonwealth of Virginia, in the event Employee breaches or threatens to breach any of the covenants or agreements contained herein. In the event any provisions hereof shall be modified or held ineffective by any arbitrator or any court in any respect, such determination or adjudication shall not invalidate or render ineffective the balance of the provisions hereof, and the provisions hereof shall be enforced to the maximum extent allowed by law.
Arbitration; Injunctive Relief. Any controversy or claim between or among the parties relating to this Agreement shall be determined by arbitration in accordance with the Arbitration Rules of American Arbitration Association. The panel shall consist of at least three (3) arbitrators. Any such arbitration hearing shall be held in New York, New York, unless the parties mutually agree otherwise. Notwithstanding the foregoing, Distributor acknowledges and agrees that Supplier would be damaged irreparably in the event Distributor fails or refuses to perform its obligations hereunder. Accordingly, Distributor agrees that Supplier shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement, including without limitation Sections 2, 7, 10, 11, 13, 16, 17 and18, by Distributor and to enforce specifically this Agreement and the terms and provisions hereof without bond or other security being required in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which Supplier is entitled at law or in equity.
Arbitration; Injunctive Relief. Any dispute, controversy, or claim ------------------------------ presented by the Representative and arising out of, in connection with, or relating to the performance of this Agreement or its termination shall be settled by arbitration by a single arbitrator in London, England, pursuant to the UNCITRAL Arbitration Rules in effect on the date of this Agreement. The appointing authority shall be the American Arbitration Association. The case shall be administered by the American Arbitration Association in accordance with its "Procedures for Cases under the UNCITRAL Arbitration Rules.". Any award shall be final, binding and conclusive upon the parties and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The Company may seek injunctive relief from a court of competent jurisdiction in the event of any alleged violation by the Representative of Sections 12 or 13 hereof.
Arbitration; Injunctive Relief. Each of Nextel and Comcast agrees that violation of the terms of this Agreement may result in irreparable injury to the non-violating party, and therefore mutually acknowledge that in the event of any violation hereof, the non-violating party shall be entitled to seek preliminary and permanent equitable relief (including, without limitation, the remedy of specific performance and the entry of injunctions) without being required to allege or prove the inadequacy of monetary damages as a remedy or the fact or irreparable injury, and that such equitable rights and remedies shall be cumulative and in addition to any other rights or remedies to which the non-violating party may be entitled. Unless a party is seeking equitable relief (for which an appropriate action may be commenced in any state or federal court having jurisdiction over the relevant parties), any controversy or claims arising out of or relating to this agreement or the transactions contemplated hereby shall be settled by binding arbitration to be held and conducted as provided in Section 9.16 of the SPA.