Common use of Judicial Enforcement Clause in Contracts

Judicial Enforcement. If at any point either Party determines in good faith that mediation will not succeed, then it shall notify the other Party of that determination. Thereafter, the Parties may resort to any remedy available by law. Notwithstanding the provisions of this Article XIX, the Parties acknowledge that monetary damages alone will be inadequate to remedy any violation or threatened violation of this Agreement. Accordingly, nothing in this Agreement, including the requirements to submit disputes to the dispute resolution mechanisms set forth in this Agreement, will prevent a Party from seeking equitable relief in the form of an injunction from any court of competent jurisdiction to prevent the other Party’s continued violation or threatened violation of this Agreement. A Party seeking such an injunction will not be required to post any bond with the court. Such right to seek an injunction will be in addition to any potential damage award that such Party may be granted in any proceedings with respect to such violation or threatened violation.