Declaratory and Injunctive Relief Clause Samples

The Declaratory and Injunctive Relief clause allows parties to seek court orders that either clarify the rights and obligations under the agreement (declaratory relief) or require a party to do or refrain from doing specific actions (injunctive relief). For example, if one party believes the other is about to breach the contract, they can ask a court to issue an injunction to prevent the breach or to declare the correct interpretation of a disputed provision. This clause is essential for providing immediate legal remedies beyond monetary damages, helping to prevent harm or resolve uncertainties before they escalate.
Declaratory and Injunctive Relief. Big O or its designee shall be entitled to obtain without bond, declarations, temporary and permanent injunctions, and orders of specific performance: (a) To enforce the provisions of this Agreement relating to: (i) Franchisee's use of the Licensed Marks; (ii) the obligations of Franchisee upon termination or expiration of this Agreement; or (iii) the Transfer and Assignment requirements of SECTION 18; or (b) to prohibit any act or omission by Franchisee or its employees that: (i) constitutes a violation of any applicable law or regulation; (ii) is dishonest or misleading to prospective or current customers or clients of businesses operated under the System; (iii) constitutes a danger to other Big O franchisees, their employees, customers, clients or the public; or (iv) may impair the goodwill associated with the Licensed Marks.
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Declaratory and Injunctive Relief. In addition to meeting all four requirements of OCGA § 9–11–23(a), the named plaintiffs must meet at least one of the requirements set forth in OCGA § 9–11–23(b). Here, the trial court ruled that certification was proper under OCGA § 9–11–23(b)(2), which provides that certification is authorized only when the ‘‘party opposing the class has acted or re- fused to act on grounds generally applicable to the class, thereby making appropriate fi- nal injunctive relief or corresponding declar- atory relief with respect to the class as a whole.’’ However, the only alleged failure to act identified by the named plaintiffs was the ‘‘policy’’ of ‘‘denying’’ counsel to indigent child support obligors prior to their incarcer- ation. The record contains no evidence of a policy of denial of requests for counsel. Nor does the record contain evidence that any of the plaintiffs asked the trial courts for coun- sel prior to their contempt hearings. ▇▇▇- ▇▇▇▇, although four of the named plaintiffs sent letters requesting counsel for future proceedings to the courts that had previously held them in contempt, nothing in the record indicates that these requests ever have been denied. Nor does the record indicate wheth- er other putative class members have re- quested and been denied counsel. Thus, giv- en our determinations in Division (1)(a)(i) and (ii) that the class fails to meet the com- monality and typicality requirements of OCGA § 9–11–23(a)(2) and (3), we find that the trial court erred in finding that injunctive and declaratory relief was appropriate in this case.
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Declaratory and Injunctive Relief. SunPower has acted or refused to act 10 on grounds that apply to the entirety of each Class such that final injunctive or declaratory 11 relief is appropriate.
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Declaratory and Injunctive Relief. (a) Recognition of Remedial Measures. Defendant has removed the Meta Pixel that was embedded by Defendant in Defendant’s Website from pages accessible in the United States that both include video content and have a URL that substantially identifies the video content requested or obtained from that page. This provision does not prohibit the Defendant from possessing “personally identifiable information” (as that term is defined in the VPPA) that is generated from a source other than the Meta Pixel.
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Declaratory and Injunctive Relief 
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Related to Declaratory and Injunctive Relief

  • Injunctive Relief The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

  • Remedies and Injunctive Relief Executive acknowledges that a violation by Executive of any of the covenants contained in Sections 6, 7, 8, or 9 would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, Executive agrees that, notwithstanding any provision of this Agreement to the contrary, the Company shall be entitled (without the necessity of showing economic loss or other actual damage) to injunctive relief (including temporary restraining orders, preliminary injunctions, and permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the covenants set forth in Sections 6, 7, 8, or 9 in addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under this Agreement or otherwise, and all of the Company’s rights shall be unrestricted.

  • Specific Performance and Injunctive Relief Notwithstanding the availability of legal remedies, Mortgagee will be entitled to obtain specific performance, mandatory or prohibitory injunctive relief, or other equitable relief requiring Mortgagor to cure or refrain from repeating any Default.

  • Specific Performance; Injunctive Relief The parties hereto acknowledge that Parent will be irreparably harmed and that there will be no adequate remedy at law for a violation of any of the covenants or agreements of Stockholder set forth herein. Therefore, it is agreed that, in addition to any other remedies that may be available to Parent upon any such violation, Parent shall have the right to enforce such covenants and agreements by specific performance, injunctive relief or by any other means available to Parent at law or in equity.

  • Right to Injunctive Relief Each Party agrees that breaches of this Section 9 may cause irreparable harm to the other Party and shall entitle such other Party, in addition to any other remedies available to it (subject to the terms of this Agreement), the right to seek injunctive relief enjoining such action.