Essential Elements. Both Datascope and Masimo acknowledge that the covenants set forth in this Section are essential elements of this Agreement and that, but for the agreement of both to comply with such covenants, this Agreement would not have been entered into and that neither will have an adequate remedy at law if the other breaches the term of the covenants. Therefore, in the event of any breach or threatened right, in addition to any other rights it may have, it shall have the right to obtain in any court of competent jurisdiction injunctive relief to restrain any breach or threatened breach.
Appears in 2 contracts
Sources: Purchasing and Licensing Agreement (Masimo Corp), Purchasing and Licensing Agreement (Masimo Corp)