Common use of Notwithstanding Sections 9 Clause in Contracts

Notwithstanding Sections 9. 2, 9.3 and 9.4 above, the parties agree that the following claims will not be subject to arbitration: (a) Any action for declaratory or equitable relief, including, without limitation, seeking preliminary or permanent injunctive relief, specific performance, other relief in the nature of equity to enjoin any harm or threat of harm to such party's tangible or intangible property, brought at any time, including, without limitation, prior to or during the pendency of any arbitration proceedings initiated hereunder; and (b) Any action in ejectment or for possession of any interest in real or personal property.