Common use of Judicial Proceeding Clause in Contracts

Judicial Proceeding. The parties agree that the only circumstances in which the parties may initiate judicial proceedings under this Agreement are to obtain injunctive relief under Section 17.3 of this Agreement or to enforce this Article 22. In any judicial proceeding to enforce this Article 22, the only issues to be determined will be the existence of an agreement to arbitrate and the failure of a party to comply with such agreement, and those issues will be determined summarily by the court without a jury.

Appears in 2 contracts

Samples: Transportation Agreement (Pacer International Inc/Tn), Transportation Agreement (Pacer International Inc/Tn)

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Judicial Proceeding. The parties agree that the only circumstances ------------------- in which the parties may initiate judicial proceedings under this Agreement are to obtain injunctive relief under Section 17.3 for breach of this Agreement confidentiality obligations or to enforce this Article 22Section 9. In any judicial proceeding to enforce this Article 22Section 9, the only issues to be determined will be the existence of an agreement to arbitrate and the failure of a party to comply with such agreement, and those issues will be determined summarily by the court without a jury.

Appears in 1 contract

Samples: Domestic Incentive Agreement (Pacer Express Inc)

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Judicial Proceeding. The parties agree that the only circumstances in which the parties may initiate judicial proceedings under this Agreement are to obtain injunctive relief under Section 17.3 of this Agreement or to enforce this Article Section 22. In any judicial proceeding to enforce this Article Section 22, the only issues to be determined will be the existence of an agreement to arbitrate and the failure of a party to comply with such agreement, and those issues will be determined summarily by the court without a jury.

Appears in 1 contract

Samples: Pacer Express Inc

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