Common use of Unique Qualities Clause in Contracts

Unique Qualities. The parties agree and acknowledge that the Licensee is a unique entity and, therefore, the rights and benefits that will accrue to NSU by reason of this Agreement are unique and that NSU may not be adequately compensated in money damages for Licensee’s failure to comply with the material obligations of Licensee under this Agreement and that therefore NSU, at its option, shall have the right to pursue any remedy available at law, equity, or otherwise, including the recovery of money damages and/or the right to seek equitable relief (whether it be injunctive relief, specific performance or otherwise) in the event that Licensee violates its obligation to hold an Event at the Facility, or to provide evidence of fulfillment of its obligations under Section 13(m) of this Agreement.