Common use of Litigation and Arbitration Clause in Contracts

Litigation and Arbitration. Notwithstanding the foregoing provisions of this Article VII, a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute (other than a Dispute with respect to (a) any PFAS Liabilities, (b) any matters governed by this Agreement, (c) the manufacture, use, distribution or supply of PFAS or of products containing PFAS and relating to any Ancillary Agreement or (d) any other matters described on Schedule 7.4) without first complying with the procedures set forth in Section 7.1, Section 7.2, Section 7.3 and Section 7.4 if and only if and to the extent such action is reasonably necessary to avoid immediate, irreparable harm. Any Dispute between the Parties with respect to (i) PFAS Liabilities, (ii) Trade Secrets, (iii) matters governed by this Agreement, (iv) the manufacture, use, distribution or supply of PFAS or of products containing PFAS and relating to any Ancillary Agreement or (v) the other matters set forth on Schedule 7.4 shall be subject to Article VII; provided that if the Parties fail to resolve any such Disputes pursuant to mediation under Section 7.4, the Dispute shall be resolved through the confidential and binding arbitration procedures set forth on Schedule 7.5 (the “Arbitration Procedures”). For the avoidance of doubt, any dispute as to whether a Dispute is subject to the Arbitration Procedures shall be itself subject to the Arbitration Procedures. Notwithstanding anything to the contrary, the first sentence of this Section 7.5 shall not apply to any Disputes with respect to (A) any PFAS Liabilities, (B) matters governed by this Agreement, (C) any other matters described on Schedule 7.4, or (D) the manufacture, use, distribution or supply of PFAS or of products containing PFAS and relating to any Ancillary Agreement, and no Party may commence litigation with respect to any such Disputes (and may only commence litigation with respect to any Disputes with respect to Trade Secrets in accordance with the first sentence of Section 7.5) for any reason except as set forth on Schedule 7.4.

Litigation and Arbitration. Notwithstanding the foregoing provisions of this Article VII, a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute (other than a Dispute with respect to (a) any PFAS Liabilities, (b) any matters governed by this Agreement, (c) the manufacture, use, distribution or supply of PFAS or of products containing PFAS and relating to any Ancillary Agreement or (d) any other matters described on Schedule 7.4) without first complying with the procedures set forth in Section 7.1, Section 7.2, Section 7.3 and Section 7.4 if and only if and to the extent such action is reasonably necessary to avoid immediate, irreparable harm. Any Dispute between the Parties with respect to (ia) PFAS Liabilities, (iib) Trade Secrets, (iiic) matters governed by this Agreement, (ivd) the manufacture, use, distribution or supply of PFAS or of products containing PFAS and relating to any Ancillary Agreement or (ve) the other matters set forth on Schedule 7.4 shall be subject to Article VII; provided that if the Parties fail to resolve any such Disputes pursuant to mediation under Section 7.4, the Dispute shall be resolved through the confidential and binding arbitration procedures set forth on Schedule 7.5 7.4 (the “Arbitration Procedures”). For the avoidance of doubt, any dispute as to whether a Dispute is subject to the Arbitration Procedures shall be itself subject to the Arbitration Procedures. Notwithstanding anything to the contrary, the first sentence of this Section 7.5 shall not apply to any Disputes with respect to (Aa) any PFAS Liabilities, (Bb) matters governed by this Agreement, (Cc) any other matters described on Schedule 7.4, or (Dd) the manufacture, use, distribution or supply of PFAS or of products containing PFAS and relating to any Ancillary Agreement, and no Party may commence litigation with respect to any such Disputes (and may only commence litigation with respect to any Disputes with respect to Trade Secrets in accordance with the first sentence of Section 7.5) for any reason except as set forth on Schedule 7.4.