VOLUNTARY RESTRAINT Clause Samples

VOLUNTARY RESTRAINT. Upon receipt of any Notice, TPC shall immediately cease and desist (the "Voluntary Restraint") the conduct identified in the Notice (the "Identified Conduct") until denial, by any court, of any Application related to such Identified Conduct or any other decision by the court that the Voluntary Restraint should be lifted (the "Voluntary Restraint Period"). Notwithstanding the foregoing, the Voluntary Restraint Period shall end in the event that LICENSEE fails, within two business days after the receipt of the Notice by TPC, to file the Declaratory Judgment Action and Application in a court of competent jurisdiction. The fact that TPC has engaged in the Voluntary Restraint prior to the judicial hearing as provided herein shall not constitute an admission, nor shall LICENSEE contend, that such fact in any way bears upon the appropriateness of the grant of a temporary restraining order or temporary injunction.