Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(e), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 4 contracts
Sources: End User License Agreement, End User License Agreement, End User License Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(eSection 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 4 contracts
Sources: Customer Terms and Conditions, Software as a Service Agreement, Software as a Service Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of CustomerCustomer only, Sections 3(d) Section 3.1 or 3(e)Section 3.2, would may cause the other Party irreparable harm for which monetary damages would may not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at lawLaw, in equity, equity or otherwise.
Appears in 4 contracts
Sources: Imanage Cloud Services Agreement, Imanage Cloud Services Agreement, Cloud Services Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such the Receiving Party of any of its obligations under Section 6 or, in the case 7.3 of Customer, Sections 3(d) or 3(e), this Agreement would cause the other Disclosing Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Disclosing Party shall will be entitled to equitable relief, including in a restraining order, an injunction, specific performance, and any other relief that may be available from any courtcourt of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 4 contracts
Sources: Contract Worker Services Terms and Conditions, Contract Worker Services Terms and Conditions, Contract Worker Services Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 9 or, in the case of Customer, Sections 3(d) Section 3.2 or 3(e)Section 4.3, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other non-breaching Party shall will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 4 contracts
Sources: Saas Subscription Agreement, Software as a Service (Saas) Subscription Agreement, Software as a Service (Saas) Subscription Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 10 or, in the case of Customer, Sections 3(d) Section 3.3 or 3(e)Section 4.3, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 3 contracts
Sources: Software as a Service Agreement, Participating Addendum, Software as a Service Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 orthe <<Data Processing Terms>>, the Confidentiality Provision of these General Terms, and in the case of CustomerClient, Sections 3(d) or 3(e)the License Grant in the Master Agreement and the <<License Terms>>, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement the need to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 3 contracts
Sources: Master Software & Services Agreement, Master Software & Services Agreement, Master Software & Services Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(e)Section 2.3, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 3 contracts
Sources: Customer Terms and Conditions, Customer Terms and Conditions, Terms of Service
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 1.5 or, in the case of CustomerLicensee, Sections 3(d) or 3(e), Section 3 would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 3 contracts
Sources: Data License Agreement, Data License Agreement, Data License Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 7 or, in the case of Customer, Sections 3(d) or 3(e)Section 3, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 3 contracts
Sources: Software Service Agreement, Software Service Agreement, Hosted Software Solution Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(eSection 2(d), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 3 contracts
Sources: Software as a Service Agreement, Master Service Agreement, Master Service Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 orSections 8, in the case of Customer9, Sections 3(d) or 3(e)10, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party party shall not be required to submit itself to the Dispute Resolution process set forth in Section 11.5 and will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 3 contracts
Sources: Standard Terms and Conditions, Standard Terms and Conditions, Standard Terms and Conditions
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 1 or, in the case of CustomerLicensee, Sections 3(d) or 3(e), Section 3 would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 2 contracts
Sources: Costquest Data License Agreement, Data License Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 7 or, in the case of Customer, Sections 3(d) or 3(e)Section 2.4, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 2 contracts
Sources: On Premise Customer Terms and Conditions, On Premise Customer Terms and Conditions
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(eSection 2(e), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 2 contracts
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 10 or, in the case of Customer, Sections 3(d) Section 3.3 or 3(e)Section 4.2, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 2 contracts
Sources: Software as a Service User Agreement, Software as a Service User Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 7 or, in the case of Customer, Sections 3(d) or 3(e)Section 2.9, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 2 contracts
Sources: Software as a Service Agreement, Software as a Service Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 5 or, in the case of Customer, Sections 3(d) or 3(e)Section 4.7, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 2 contracts
Sources: Master Services Agreement, Master Services Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 9(a) or, in the case of CustomerLicensee, Sections 3(d) or 3(e)Section 2, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 2 contracts
Sources: Software Evaluation License Agreement, Software Evaluation License Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 0 or, in the case of Customer, Sections 3(d) or 3(eSection 2(b), would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 2 contracts
Sources: Software License Agreement, Software License Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 10 or, in the case of Customeryou only, Sections 3(d) or 3(e)any unauthorized use by you of the Licensed Software, would cause the other Party irreparable harm and significant damages for which monetary damages would not there may be an no adequate remedy under law and agrees that, in the event of such breach or threatened breach, the other Party shall be entitled will have the right to seek immediate equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.. SCHEDULE 1 β INFORMATION REPORTED
Appears in 2 contracts
Sources: Marketplace License Agreement, Marketplace License Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 orSections 2, in the case of Customer4, Sections 3(d) 8, 9.3, 10, or 3(e)11.11, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(e2 (a), (b), or (c) would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 2 contracts
Sources: Enterprise Terms & Conditions, Terms and Conditions
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of CustomerCustomer only, Sections 3(d) Section 3.1 or 3(e)Section 3.2, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at lawLaw, in equity, equity or otherwise.
Appears in 2 contracts
Sources: Imanage Cloud Services Agreement, Imanage Cloud Services Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 9 or, in the case of CustomerClient, Sections 3(d) 4.1, 5.3, or 3(e)7.1, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 2 contracts
Sources: Terms of Service, Terms of Service
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of CustomerThird Party Dealer, Sections 3(d) or 3(e)Section 2.2, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 2 contracts
Sources: Software Third Party Dealer Agreement, Software Third Party Dealer Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 orthe <<Data Processing Terms>>, the Confidentiality Provision of these General Terms, and in the case of CustomerClient, Sections 3(d) or 3(e)the License Grant in the Enterprise Agreement and the <<License Terms>>, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement the need to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 2 contracts
Sources: Enterprise Software License & Services Agreement, Software License & Services Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 5 or, in the case of CustomerLicensee, Sections 3(d) or 3(eSection 2(b), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 2 contracts
Sources: Software License Agreement (PARETEUM Corp), Software License Agreement (PARETEUM Corp)
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 6(a) or, in the case of Customer, Sections 3(d) or 3(eSection 2(e), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 2 contracts
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 10 or, in the case of Customer, Sections 3(d) Section 3.3, Section 4.3 or 3(e)Section 7.3, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 2 contracts
Sources: Master Subscription Agreement, Software as a Service (Saas) Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 5 or, in the case of Customer, Sections 3(d) or 3(eSection 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 2 contracts
Sources: Agreement Between the City of Doral and Carrothr Inc., Dba Assembly, Software as a Service Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(e), would cause the other Party irreparable harm for which monetary money damages would not be an adequate a sufficient remedy for any breach (or threatened breach) of this Agreement by it and agrees that, in the event of such any breach or threatened breachbreach of this Agreement, (a) the other Party shall seeking specific performance will be entitled to injunctive and other equitable relief, including a restraining order, without proof of actual damages; (b) the Party against whom specific performance is sought will not plead in defense that there would be an injunction, adequate remedy at law; and (c) the Party against whom specific performance, and performance is sought agrees to waive any other relief applicable right or requirement that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedybe posted. Such remedies are will not be the exclusive and are remedies for a breach of this Agreement, but will be in addition to all other remedies that may be available at law, law or in equity, or otherwise.
Appears in 2 contracts
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or7or, in the case of CustomerReseller, Sections 3(d) or 3(eSection 3(b), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 2 contracts
Sources: Reseller Agreement (Maptelligent, Inc.), Reseller Agreement (Maptelligent, Inc.)
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 10 or, in the case of CustomerLicensee, Sections 3(d) Section 3.3, Section 4.3 or 3(e)Section 7.2, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 2 contracts
Sources: Software and Services License Agreement (REITless Impact Opportunity Zone Strategies LLC), Software and Services License Agreement (Reitless Impact Income Strategies LLC)
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(eSection 2(b), would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Product Terms
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 11 or, in the case of Customer, Sections 3(d) Section 5.4 or 3(e)Section 5.6 , would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Terms and Conditions
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 8 or, in the case of CustomerUser, Sections 3(d) or 3(e)Section 4c, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Service Subscription Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 8 or, in the case of CustomerSubscriber, Sections 3(d) Section 0, Section 0, or 3(e)Section 0, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 12 or, in the case of CustomerClient, Sections 3(d) or 3(e)Section 3, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Terms and Conditions of Use
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 7(Confidentiality) or, in the case of Customer, Sections 3(d) or 3(eSection 2(d), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Saas & Services Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of CustomerUser, Sections 3(d) any restriction or 3(e)obligation related to GRIDβs or a third partyβs intellectual property, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 11 or, in the case of Customer, Sections 3(d) Section 3.1, or 3(e)Section 7.3, would may cause the other Party party irreparable harm for which monetary damages would may not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Saas Terms and Conditions
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 5 or, in the case of CustomerClient, Sections 3(d) or 3(eSection 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 4 or, in the case of CustomerLicensee, Sections 3(d) or 3(eSection 2(b), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Software License Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 3 (Confidentiality) or, in the case of Customer, Sections 3(dSection 2.3 (Use Restrictions) or 3(e), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 9 or, in the case of Customer, Sections 3(d) 3.1, 4.3, or 3(e)7.4, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Terms of Service
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of CustomerLicensee, Sections 3(d) or 3(e)Section 2.2, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Subscription Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 5 or, in the case of Customer, Sections 3(d) or 3(eSection 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 8 or in the case of Provider, Section 7.4(c), or, in the case of Customer, Sections 3(d) Section 3.1, Section 4.3, or 3(e)Section 6.2, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Notwithstanding anything to the contrary set forth herein, each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 7 or, in the case of CustomerLicensee, Sections 3(d) or 3(eSection 2(b), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: End User License Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 9 or, in the case of CustomerUser, Sections 3(d) or 3(e)Section 2, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Hackathon Terms of Service
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(eSection 2(c), would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Subscription Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 orβ or You, in if You violate the case provisions of Customer, Sections 3(dSection 2(c) or 3(e), β would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of CustomerCity, Sections 3(d) or 3(eSection 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Professional Services
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or2.4, in the case Section 7, Section 10, or Section 12 of Customer, Sections 3(d) or 3(e), this Agreement would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including in a restraining order, an injunction, specific performance, and any other relief that may be available from any courtcourt of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 9(a) or, in the case of CustomerCompany, Sections 3(d) or 3(e)Section 2, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 5(e) or, in the case of Customer, Sections 3(d) or 3(eSection 2(f), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 7 or, in the case of Customer, Sections 3(d) Section 3.2 or 3(e)Section 4.2, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Electronic License Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 2.3 and Sections 4, 5, or Section 6 or, in the case of Customer, Sections 3(d) or 3(e), this Agreement would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in remedy. In the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including in a restraining order, an injunction, specific performance, and any other relief that may be available from f rom any courtcourt of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at lawLaw, in equity, or otherwise.
Appears in 1 contract
Sources: Terms of Service
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of CustomerLicensee, Sections 3(d) or 3(eSection 2(b), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Api License Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 4 or, in the case of Customer, Sections 3(d) or 3(e)Section 2, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.otherwise.β
Appears in 1 contract
Sources: License Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 7 or, in the case of Customer, Sections 3(d) Section 3.1 or 3(e), Section 4.3 would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 2 or, in the case of CustomerLicensee, Sections 3(dSection 1(b) or 3(e), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise. Capitalized terms used but not defined in this Exhibit A have the meaning given to those terms in the Agreement.
Appears in 1 contract
Sources: Data License Agreement
Equitable Relief. (a) Each Party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 or7.04, in the case Section 7.05, Section 7.06, or Section 7.07 of Customer, Sections 3(d) or 3(e), this Agreement would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Sales, Licensing, Maintenance, & Services Agreement (Track Group, Inc.)
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 β or, in the case of Customer, Sections 3(d) or 3(eSection 2(b), would cause the other Party irreparable harm and signiο¬cant damages for which monetary damages would not there may be an no adequate remedy under law and agrees that, in the event of such breach or threatened breach, the other Party shall be entitled will have the right to seek immediate equitable relief, including a restraining order, an injunction, specific performance, speciο¬c performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 3 or, in the case of CustomerLicensee, Sections 3(dSection 1(b) or 3(e), and Section 1(c) would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Data License Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 Article 9 or, in the case of Customer, Sections 3(d) Section 2.01, Section 3.03, or 3(e)Section 6.03, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d12 (Confidentiality) or 3(e), Section 16 (Dispute Resolution) would cause the other Party irreparable harm for which monetary damages Damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages Damages or that monetary damages Damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Services Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 5 or, in the case of Customer, Sections 3(d) or 3(e), Section 2.3 would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Services Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of CustomerLicensee, Sections 3(d) or 3(eSection 2(b), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Software License Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 8 or, in the case of Customer, Sections 3(d) Section 3.2 or 3(e)Section 4.3, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Hosted Services Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 Section6 or, in the case of Customer, Sections 3(d) or 3(eSection 2(e), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 7 or, in the case of CustomerLicensee, Sections 3(d) Section 2.3 or 3(e)Section 8, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Saas Agreement
Equitable Relief. Each Party acknowledges The Parties acknowledge and agrees agree that a breach or a threatened breach by such a Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(eSection 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Terms and Conditions
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or3, in the case Section 7, Section 8, or Section 10 of Customer, Sections 3(d) or 3(e), this Agreement would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including in a restraining order, an injunction, specific performance, and any other relief that may be available from any courtcourt of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Software License Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 or2.4, in the case Section 3.1, Section 4.3, Section 8, Section 9, Section 10 or Section 12 of Customer, Sections 3(d) or 3(e), this Agreement would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under this Agreement, including Section 6 or10 or 11, in the case of CustomerLicensee, Sections 3(d) or 3(e)Section 4.3, would may cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Master Software and Services Agreement (Foxo Technologies Inc.)
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 orthe <<Data Processing Terms>>, the Confidentiality Provision of these General Terms, and in the case of CustomerClient, Sections 3(d) or 3(e)the License Grant in the Agreement and the <<License Terms>>, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement the need to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 5(c) (Confidential Information) or, in the case of CustomerLicensee, Sections 3(dSection 2(b) or 3(e(Use Restrictions), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Customer Terms of Service
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 5 or, in the case of Customer, Sections 3(d) or 3(e)Section 2.4, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(eSection 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.. [Signature page follows]
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(dSection 2(b) or 3(e2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Saas Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 10 (Confidential Information) or, in the case of CustomerLicensee, Sections 3(d) or 3(eSection 2.5 (Use Restrictions), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such These remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 Sections 5, 8 or, in the case of Customer, Sections 3(d) or 3(eSection 3(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 9 or, in the case of Customer, Sections 3(d) Section 3 or 3(e)Section 4.3, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of any such breach or threatened breach, the other Party shall party will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any courtcourt of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 10 or, in the case of Customer, Sections 3(d) Section 3.2, or 3(e)Section 4.3, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other non-breaching Party shall will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Software as a Service Subscription License Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 9 or, in the case of Customer, Sections 3(d) Section 3.2, Section 4.3 or 3(e)Section 6, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Cloud Services Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 5 or, in the case of Customer, Sections 3(d) or 3(e)Section 2.6, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Master Services Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 8 or, in the case of CustomerClient, Sections 3(d) Section 3.B, Section 4.C or 3(e), Section 11.C would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Master Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(eSection 3(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise. Capitalized terms used but not defined in this Exhibit A have the meaning given to those terms in the Agreement.
Appears in 1 contract
Sources: Master Service Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 9 or, in the case of CustomerCustomer breach of Section 3.3, Sections 3(d) Section 4.3, or 3(e), Section 8.1 would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Master Subscription Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 4 or, in the case of CustomerLicensee, Sections 3(d) or 3(e)Section 2.2, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Source Code License Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 clause 4 or, in any unauthorized use by you of the case of Customer, Sections 3(d) Licensed Software or 3(e)any Supplier Intellectual Property Rights, would cause the other Party irreparable harm and significant damages for which monetary damages would not there may be an no adequate remedy under law and agrees that, in the event of such breach or threatened breach, the other Party shall be entitled will have the right to seek immediate equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: License Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 9 or, in the case of Customer, Sections 3(d) Section 3.3, Section 4.3 or 3(e), would Section 6.3,would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 8 or, in the case of Customer, Sections 3(d) or 3(eSection 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 56 or, in the case of Customer, Sections 3(d) or 3(eSection 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Sections 3(d) or 3(ealso Section 2(b), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Master Services Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 10 or, in the case of Customer, Sections 3(d) Section 3.3, Section 4.4 or 3(e)Section 7.3, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Software as a Service Agreement
Equitable Relief. Each Party party acknowledges and agrees that a breach or threatened breach by such Party party of any of its obligations under Section 6 10 or, in the case of Customer, Sections 3(d) Section 3.3, or 3(e)Section 4.3, would cause the other Party party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, equity or otherwise.
Appears in 1 contract
Sources: Website Use Agreement
Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 4 or, in the case of CustomerLicensee, Sections 3(d) or 3(eSection 1(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party shall will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Appears in 1 contract
Sources: Master Subscription Agreement