Common use of Court Actions Clause in Contracts

Court Actions. Nothing contained in this Agreement shall deny either party the right to seek injunctive or other equitable relief, including specific performance, from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, including with respect to any breach of Article 8 or the ownership provisions of Section 7.1, and such an action may be filed and maintained notwithstanding any ongoing discussions between the parties or any ongoing arbitration proceeding. In addition, either party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 12.2.

Appears in 3 contracts

Samples: Collaboration and License Agreement (Equillium, Inc.), Collaboration and License Agreement (Equillium, Inc.), Collaboration and License Agreement (Equillium, Inc.)

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Court Actions. Nothing contained in this Agreement shall deny either party Party the right to seek injunctive or other equitable relief, including specific performance, relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, including with respect but not limited to any a breach or threatened breach of Article 8 or the ownership provisions of Section 7.1any confidentiality provision herein, and such an action may be filed and maintained notwithstanding any ongoing discussions between the parties Parties or any ongoing arbitration proceeding. In addition, either party Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights patents or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 12.214.2.

Appears in 1 contract

Samples: Manufacturing and Supply Agreement (Vivus Inc)

Court Actions. Nothing contained in this Agreement shall deny either party Party the right to seek injunctive or other equitable relief, including specific performance, relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, including with respect to any breach of Article 8 or the ownership provisions of Section 7.1, and such an action may be filed and maintained notwithstanding any ongoing discussions between the parties Parties or any ongoing arbitration proceeding. In addition, without in any way reducing or impinging on Licensor’s rights under Section 9.3 above, it is agreed that either party Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 12.211.2.

Appears in 1 contract

Samples: License Agreement (Larkspur Health Acquisition Corp.)

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Court Actions. Nothing contained in this Agreement shall deny either party Party the right to seek injunctive or other equitable relief, including specific performance, relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, including with respect to any breach of Article 8 or the ownership provisions of Section 7.1, and such an action may be filed and maintained notwithstanding any ongoing discussions between the parties Parties or any ongoing arbitration proceeding. In addition, without in any way reducing or impinging on LICENSOR’s rights under Section 9.3 above, it is agreed that either party Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 12.2arbitration.

Appears in 1 contract

Samples: License Agreement (Larkspur Health Acquisition Corp.)

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