Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereof, that money damages would not be a sufficient remedy for any breach of such provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.01, 3.02, 3.03, or 9.10 (and, if applicable, Section 4(e) of Exhibit F) in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such breach of the provision, or if this Agreement does not specify a remedy for such breach, all other remedies available at law or equity to the Parties for such breach. *** End of Article Nine ***
Appears in 8 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereof, that money damages would not be a sufficient remedy for any breach of such provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.01, 3.02, 3.03, or 9.10 9.09 (and, if applicable, Section 4(e) of Exhibit F) in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such breach of the provision, or if this Agreement does not specify a remedy for such breach, all other remedies available at law or equity to the Parties for such breach. *** End of Article Nine ***
Appears in 7 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.04(b), 3.01, 3.02, 3.033.06(h), 3.09 or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ARTICLE TWELVE ***
Appears in 4 contracts
Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement, Renewable Power Purchase and Sale Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.011.01, 3.025.05, 3.039.04(a)(vii), or 9.10 9.05(c), 10.06, and 14.05 (andConfidentiality), if applicable, Section 4(e) of Exhibit F) in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes Disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01this Article 12, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ***.
Appears in 2 contracts
Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereof, that money damages would not be a sufficient remedy for any breach of such provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.01, 3.02, 3.03, or 9.10 (and, if applicable, Section 4(e) of Exhibit F) in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such breach of the provision, or if this Agreement does not specify a remedy for such breach, all other remedies available at law or equity to the Parties for such breach. *** End of Article Nine ***
Appears in 2 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.06(b), 3.01, 3.02, 3.033.06(h), 3.09 or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ARTICLE TWELVE ***
Appears in 2 contracts
Samples: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.011.01, 3.025.05, 3.039.04(a)(vii), or 9.10 9.05(c), 10.06, 14.05 (andConfidentiality), if applicable, Section 4(e) of Exhibit F) in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes Disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01this Article 12, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ***.
Appears in 2 contracts
Samples: Integrated Distributed Energy Resources, Integrated Distributed Energy Resources
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.011.01, 3.025.05, 3.039.04(a)(vii), or 9.10 9.05(c), 10.06, and 14.05 (and, if applicable, Section 4(eConfidentiality) of Exhibit F) Attachment 1, in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes Disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01this Article 12, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ***.
Appears in 2 contracts
Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.011.01, 3.025.05, 3.039.04(g), or 9.10 9.05(c), 10.06, and 14.05 (andConfidentiality), if applicable, Section 4(e) of Exhibit F) in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes Disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01this Article 12, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ***.
Appears in 2 contracts
Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.06(b), 3.01, 3.02, 3.033.06(h), 3.09 or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ARTICLE TWELVE ***
Appears in 2 contracts
Samples: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.011.1, 3.025.1, 3.036.2(b)(ii), or 9.10 (and, if applicable, Section 4(e6.2(b)(iv) or Article 12 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes Disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.01this Article 9. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01Article 9, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ***INDEMNIFICATION
Appears in 1 contract
Samples: Resource Purchase Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if in the event that certain provisions of this Agreement are not performed in accordance with the terms hereof, that money damages would not be a sufficient remedy for any breach of such provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.05(b), 3.01, 3.02, 3.033.04(f), or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does shall not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such breach of the provision, or if this the Agreement does not specify a remedy for such breach, all other remedies available at law or equity to the Parties for such breach. *** End of Article Nine ***.
Appears in 1 contract
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if in the event that certain provisions of this Agreement are not performed in accordance with the terms hereof, that money damages would not be a sufficient remedy for any breach of such provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 3.01, 3.02, 3.03, or 9.10 9.09 of this Agreement (and, if applicable, Section 4(e1.07(e) of Exhibit FEXHIBIT O of this Agreement) in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does shall not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such breach of the provision, or if this the Agreement does not specify a remedy for such breach, all other remedies available at law or equity to the Parties for such breach. *** End of Article Nine ***RAP ID #[Name], [Seller’s Name]
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Table of Contents Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.06(b), 3.01, 3.02, 3.033.06(h), 3.09 or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be maybe sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ARTICLE TWELVE **** Table of Contents
Appears in 1 contract
Samples: Renewable Power Purchase and Sale Agreement (Montauk Renewables, Inc.)
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.04(b), 3.01, 3.02, 3.033.06(h), 3.09 or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ARTICLE TWELVE **** EXHIBITS
Appears in 1 contract
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if in the event that certain provisions of this Agreement are not performed in accordance with the terms hereof, that money damages would not be a sufficient remedy for any breach of such provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.05(b), 3.01, 3.02, 3.033.04(e), 3.07 or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such breach of the provision, or if this the Agreement does not specify a remedy for such breach, all other remedies available at law or equity to the Parties for such breach. *** End of Article Nine ***.
Appears in 1 contract
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.05(b), 3.01, 3.02, 3.033.06(h), 3.09 or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s 's right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ARTICLE TWELVE ***
Appears in 1 contract
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.06(b), 3.01, 3.02, 3.033.06(h), 3.09 or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting claim‐splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ARTICLE TWELVE ***
Appears in 1 contract
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.011.1, 3.0210.1, 3.0311.6, 13.2(c)(ii), or 9.10 (and, if applicable, Section 4(e13.2(c)(iii) or Article 19 of Exhibit F) this Agreement of this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes Disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.01this Article 16. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01Article 16, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ***INDEMNIFICATION
Appears in 1 contract
Samples: www.sce.com
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.011.01, 3.023.06, 3.0312.01, 12.03, 19.05, 24.02(a), or 9.10 (and, if applicable, Section 4(e24.03(k) or Article Twenty-Nine of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes Disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0127.01. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0127.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ***WAIVER OF JURY TRIAL. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING UNDER THIS AGREEMENT.
Appears in 1 contract
Samples: Resource Adequacy Purchase Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.05(b), 3.01, 3.02, 3.033.06(h), 3.09 or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ARTICLE TWELVE **** EXHIBITS
Appears in 1 contract
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.05(b), 3.01, 3.02, 3.033.06(h), 3.09 or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ARTICLE TWELVE ***
Appears in 1 contract
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereof, that money damages would not be a sufficient remedy for any breach of such provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.01, 3.02, 3.03, or 9.10 9.09 (and, if applicable, Section 4(e) of Exhibit F) in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such breach of the provision, or if this Agreement does not specify a remedy for such breach, all other remedies available at law or equity to the Parties for such breach. *** End of Article Nine ***
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if in the event that certain provisions of this Agreement are not performed in accordance with the terms hereof, that money damages would not be a sufficient remedy for any breach of such provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.05(b), 3.01, 3.02, 3.033.04(g), 3.07 or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such breach The contents of the provision, or if this Agreement does not specify a remedy for such breach, all other remedies available at law or equity document are subject to the Parties for such breach. *** End of Article Nine ***restrictions on disclosure as set forth herein.
Appears in 1 contract
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereofof this Agreement, that money damages would not be a sufficient remedy for any breach of such these provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.05(b), 3.01, 3.02, 3.033.06(h), 3.09 or 9.10 (and, if applicable, Section 4(e) 10.10 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.0112.01. The Parties further acknowledge and agree that the results of such the arbitration may be rendered ineffectual without such the provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0112.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such the breach of the provision, or if this the Agreement does not specify a remedy for such the breach, all other remedies available at law or equity to the Parties for such the breach. *** End of Article Nine ARTICLE TWELVE **** EXHIBITS
Appears in 1 contract
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if in the event that certain provisions of this Agreement are not performed in accordance with the terms hereof, that money damages would not be a sufficient remedy for any breach of such provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.05(b), 3.01, 3.02, 3.03, 3.05 or 9.10 (and, if applicable, Section 4(e) 10.09 of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.01Article Twelve. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does shall not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01Article Twelve, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such breach of the provision, or if this the Agreement does not specify a remedy for such breach, all other remedies available at law or equity to the Parties for such breach. *** End of Article Nine ***.
Appears in 1 contract
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereof, that money damages would not be a sufficient remedy for any breach of such provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.01, 3.02, 3.033.04, or 9.10 (and, if applicable, 9.09 and Section 4(e) of Exhibit F) D in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such breach of the provision, or if this Agreement does not specify a remedy for such breach, all other remedies available at law or equity to the Parties for such breach. *** End of Article Nine **** ID# [Number], [Seller’s Name] ARTICLE TEN. DISPUTE RESOLUTION
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if in the event that certain provisions of this Agreement are not performed in accordance with the terms hereof, that money damages would not be a sufficient remedy for any breach of such provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections Section 2.08(b), 3.01, 3.02, 3.033.04(e), 3.07, 6.04(a) or 9.10 (and10.10, if applicable, Section 4(e) of Exhibit F) this Agreement in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims claims for monetary damages under this Agreement) to arbitration pursuant to Article Section 10.0111.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does shall not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.0111.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such breach of the provision, or if this the Agreement does not specify a remedy for such breach, all other remedies available at law or equity to the Parties for such breach. *** End of Article Nine ***.
Appears in 1 contract
Provisional Relief. The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms hereof, that money damages would not be a sufficient remedy for any breach of such provisions of this Agreement, and that the Parties shall be entitled, without the requirement of posting a bond or the other security, to seek a preliminary injunction, temporary restraining order, or other provisional relief as a remedy for a breach of Sections 3.01, 3.02, 3.033.04, or 9.10 (and, if applicable, 9.09 and Section 4(e) of Exhibit F) D in any court of competent jurisdiction, notwithstanding the obligation to submit all other disputes (including all Claims for monetary damages under this Agreement) to arbitration pursuant to Section 10.01. The Parties further acknowledge and agree that the results of such arbitration may be rendered ineffectual without such provisional relief. Such a request for provisional relief does not waive a Party’s right to seek other remedies for the breach of the provisions specified above in accordance with Section 10.01, notwithstanding any prohibition against claim-splitting or other similar doctrine. The other remedies that may be sought include specific performance and injunctive or other equitable relief, plus any other remedy specified in this Agreement for such breach of the provision, or if this Agreement does not specify a remedy for such breach, all other remedies available at law or equity to the Parties for such breach. *** End of Article Nine ***
Appears in 1 contract
Samples: Power Purchase and Sale Agreement