RECIPIENT BREACHES Clause Samples
The 'Recipient Breaches' clause defines the consequences and procedures that apply if the recipient of confidential information fails to comply with the terms of a confidentiality agreement. Typically, this clause outlines what constitutes a breach, such as unauthorized disclosure or misuse of sensitive data, and may specify remedies available to the disclosing party, including the right to seek damages or injunctive relief. Its core function is to deter violations and provide a clear framework for addressing breaches, thereby protecting the interests of the party sharing confidential information.
RECIPIENT BREACHES. The parties acknowledge and agree that, in the event of a threatened or actual breach of Section 4 or 7.13 or an actual breach of any other provision of this Agreement and failure to cure any such breach within thirty (30) calendar days following notice thereof from the other party, damages alone shall be an inadequate remedy, that such breach shall cause the other party great, immediate and irreparable injury and damage, and that, accordingly, each party shall be entitled to injunctive and other equitable relief, including mandatory injunctive relief and specific performance, in addition to, and not in lieu of, any remedies it may have at law or under this Agreement. Recipient further acknowledges and agrees that Service Provider shall be entitled to all damages as a remedy for such breach (except a threatened breach of Section 4) to the full extent permitted under Sections 3.4 and 3.5 above.