Common use of Remedies; Attorneys’ Fees Clause in Contracts

Remedies; Attorneys’ Fees. Each Recipient acknowledges and agrees that the other party will suffer irreparable harm by any unauthorized use or disclosure of such other party’s Disclosed Information and that monetary damages will be insufficient to fully compensate such other party for its damages in such event. In the event of breach or threatened breach by Recipient, such other party shall be entitled to an injunction restraining Recipient from using or disclosing such other party’s Disclosed Information. This provision does not prohibit or limit such other party from pursuing any other legal or equitable remedy available to it, including damages, in the event of a breach or threatened breach by Recipient. If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which such prevailing party may be entitled.

Appears in 4 contracts

Samples: Confidential Disclosure Agreement (Cryolife Inc), Confidential Disclosure Agreement (Cryolife Inc), Disclosure Agreement (Cardiogenesis Corp /CA)

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