Common use of Contract Violation Clause in Contracts

Contract Violation. Remedies, 10. In the event of any dispute between the parties hereto Arbitration arising under, out of, in connection with or in relation to this Agreement, said dispute shall be submitted by the parties to binding arbitration in accordance with the Rules and Procedures and under the auspices of the American Arbitration Association. The arbitration shall take place at the capital of the state of the Authorized Location of Licensee or at such other place as may be mutually agreeable to the parties. The decision of the arbitrators shall be finally, and binding on all parties. Notwithstanding the foregoing, Licensee recognizes that his "Dairy Queen" store is one of a large number of stores similarly situated and selling to the public similar products, and hence the failure on the part of a single licensee to comply with the terms of his Operating Agreement could cause irreparable damage to Licensor, American and/or to some or all other "Dairy Queen" licensees. Therefore, it is mutually agreed that in the event of a breach or threatened breach of any of the terms of this Operating Agreement by Licensee, Licensor shall forthwith be entitled to an injunction restraining such breach and/or to a decree of specific performance without having to show or prove any actual damage, together with recovery of reasonable attorney's fees and other costs incurred in obtaining said equitable relief, until such time as a final and binding determination is made by the -16-

Contract Violation. Remedies, Arbitration 10. In the event of any dispute between the parties hereto Arbitration arising under, out of, in connection with or in relation to this Agreement, said dispute shall be submitted by the parties to binding arbitration in accordance with the Rules and Procedures and under the auspices of the American Arbitration Association. The arbitration shall take place at the capital of the state of the Authorized Location of Licensee or at such other place as may be mutually agreeable to the parties. The decision of the arbitrators shall be finally, and binding on all parties. Notwithstanding the foregoing, Licensee recognizes that his "Dairy Queen" store is one of a large number of stores similarly situated and selling to the public similar products, and hence the failure on the part of a single licensee to comply with the terms of his Operating Agreement could cause irreparable damage to Licensor, American and/or to some or all other "Dairy Queen" licensees. Therefore, it is mutually agreed that in the event of a breach or threatened breach of any of the terms of this Operating Agreement by Licensee, Licensor shall forthwith be entitled to an injunction restraining such breach and/or to a decree of specific performance without having to show or prove any actual damage, together with recovery of reasonable attorney's fees and other costs incurred in obtaining said equitable relief, until such time as a final and binding determination is made by the -16-arbitrators. The foregoing equitable remedy shall be in addition to, and not in lieu of, all other remedies and rights which Licensor might otherwise have by virtue of any breach of this Agreement by Licensee.

Contract Violation. Remedies, 10. In the event of any dispute between the parties hereto Arbitration arising under, out of, in connection with or in relation to this Agreement, said dispute shall be submitted by the parties to binding arbitration in accordance with the Rules and Procedures and under the auspices of the American Arbitration Association. The arbitration shall take place at the capital of the state of the Authorized Location of Licensee or at such other place as may be mutually agreeable to the parties. The decision of the arbitrators shall be finally, and binding on all parties. Notwithstanding the foregoing, Licensee recognizes that his "Dairy Queen" store is one of a large number of stores similarly situated and selling to the public similar products, and hence the failure on the part of a single licensee to comply with the terms of his Operating Agreement could cause irreparable damage to Licensor, American and/or to some or all other "Dairy Queen" licensees. Therefore, it is mutually agreed that in the event of a breach or threatened breach of any of the terms of this Operating Agreement by Licensee, Licensor shall forthwith be entitled to an injunction restraining such breach and/or to a decree of specific performance without having to show or prove any actual damage, together with recovery of reasonable attorney's fees and other costs incurred in obtaining said equitable relief, until such time as a final and binding determination is made by the -16-the