Common use of Remedies; Indemnification Clause in Contracts

Remedies; Indemnification. Each Party agrees that its obligations set forth in this Agreement are necessary and reasonable in order to protect the Disclosing Party and its business. The Parties each expressly agree that due to the unique nature of the Disclosing Party's Confidential Information, monetary damages may be inadequate to compensate the Disclosing Party for any breach by the Receiving Party of its covenants and agreements set forth in this Agreement. Accordingly, the Parties each agree and acknowledge that any such violation or threatened violation may cause irreparable injury to the Disclosing Party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Disclosing Party shall be entitled (a) to seek injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the Receiving Party, without the necessity of proving actual damages, and (b) to be indemnified by the Receiving Party from any loss or harm, including but not limited to reasonable attorney's fees and out-of-pocket expenses, arising out of or in connection with any breach or enforcement of the Receiving Party's obligations under this Agreement or the unauthorized use or disclosure of the Disclosing Party's Confidential Information.

Appears in 2 contracts

Sources: Mutual Non Disclosure Agreement, Mutual Non Disclosure Agreement

Remedies; Indemnification. Each Party agrees XXX and the Company each agree that its obligations set forth in this Agreement are necessary and reasonable in order to protect the Disclosing Party disclosing party and its business. The Parties XXX and the Company each expressly agree that due to the unique nature of the Disclosing Party's disclosing party’s Confidential Information, monetary damages may would be inadequate to compensate the Disclosing Party disclosing party for any breach by the Receiving Party receiving party of its covenants and agreements set forth in this Agreement. Accordingly, XXX and the Parties Company each agree and acknowledge that any such violation or threatened violation may shall cause irreparable injury to the Disclosing Party disclosing party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Disclosing Party disclosing party shall be entitled (a) to seek obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the Receiving Partyreceiving party, without the necessity of proving actual damages, and (b) to be indemnified by the Receiving Party receiving party from any loss or harm, including but not limited to reasonable attorney's fees and out-of-pocket expenses’s fees, arising out of or in connection with any breach or enforcement of the Receiving Party's receiving party’s obligations under this Agreement or the unauthorized use or disclosure of the Disclosing Party's disclosing party’s Confidential Information.

Appears in 1 contract

Sources: Mutual Non Disclosure Agreement

Remedies; Indemnification. Each Party agrees Company and Counterparty each agree that its obligations set forth in this Agreement are necessary and reasonable in order to protect the Disclosing Party and its business. The Parties Company and Counterparty each expressly agree that due to the unique nature of the Disclosing Party's ’s Confidential Information, monetary damages may would be inadequate to compensate the Disclosing Party for any breach by the Receiving Party of its covenants and agreements set forth in this Agreement. Accordingly, the Parties Company and Counterparty each agree and acknowledge that any such violation or threatened violation may shall cause irreparable injury to the Disclosing Party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Disclosing Party shall be entitled (a) to seek obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the Receiving Party, without the necessity of proving actual damages, and (b) to be indemnified by the Receiving Party from any loss or harm, including but not limited to reasonable attorney's fees and out-of-pocket expenses’s fees, arising out of or in connection with any breach or enforcement of the Receiving Party's ’s obligations under this Agreement or the unauthorized use or disclosure of the Disclosing Party's ’s Confidential Information.

Appears in 1 contract

Sources: Mutual Non Disclosure Agreement

Remedies; Indemnification. Each The Company and Receiving Party agrees each agree that its obligations set forth in this Agreement are necessary and reasonable in order to protect the Disclosing Party disclosing party and its business. The Parties Company and Receiving Party each expressly agree that due to the unique nature of the Disclosing Party's disclosing party’s Confidential Information, monetary damages may would be inadequate to compensate the Disclosing Party disclosing party for any breach by the Receiving Party receiving party of its covenants and agreements set forth in this Agreement. Accordingly, the Parties Company and Receiving Party each agree and acknowledge that any such violation or threatened violation may shall cause irreparable injury to the Disclosing Party disclosing party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Disclosing Party disclosing party shall be entitled (ai) to seek obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the Receiving Partyreceiving party, without the necessity of proving actual damagesdamages , and (bii) to be indemnified by the Receiving Party receiving party from any loss or harm, including but not limited to reasonable attorney's fees and out-of-pocket expenses’s fees, arising out of or in connection with any breach or enforcement of the Receiving Party's receiving party’s obligations under this Agreement or the unauthorized use or disclosure of the Disclosing Party's disclosing party’s Confidential Information.

Appears in 1 contract

Sources: Mutual Non Disclosure Agreement

Remedies; Indemnification. Each Party agrees The Company and Institution each agree that its obligations set forth in this Agreement are necessary and reasonable in order to protect the Disclosing Party disclosing party and its business. The Parties Company and Institution each expressly agree that due to the unique nature of the Disclosing Party's disclosing party’s Confidential Information, monetary damages may would be inadequate to compensate the Disclosing Party disclosing party for any breach by the Receiving Party receiving party of its covenants and agreements set forth in this Agreement. Accordingly, the Parties Company and Institution each agree and acknowledge that any such violation or threatened violation may shall cause irreparable injury to the Disclosing Party disclosing party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Disclosing Party disclosing party shall be entitled (a) to seek obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the Receiving Partyreceiving party, without the necessity of proving actual damages, and (b) to be indemnified by the Receiving Party receiving party from any loss or harm, including but not limited to reasonable attorney's fees and out-of-pocket expenses’s fees, arising out of or in connection with any breach or enforcement of the Receiving Party's receiving party’s obligations under this Agreement or the unauthorized use or disclosure of the Disclosing Party's disclosing party’s Confidential Information.

Appears in 1 contract

Sources: Mutual Non Disclosure Agreement

Remedies; Indemnification. Each The Company and Third Party agrees each agree that its obligations set forth in this Agreement are necessary and reasonable in order to protect the Disclosing Party disclosing party and its business. The Parties Company and Third Party each expressly agree that due to the unique nature of the Disclosing Party's disclosing party’s Confidential Information, monetary damages may would be inadequate to compensate the Disclosing Party disclosing party for any breach by the Receiving Party receiving party of its covenants and agreements set forth in this Agreement. Accordingly, the Parties Company and Third Party each agree and acknowledge that any such violation or threatened violation may shall cause irreparable injury to the Disclosing Party disclosing party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Disclosing Party disclosing party shall be entitled (a) to seek obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the Receiving Partyreceiving party, without the necessity of proving actual damages, and (b) to be indemnified by the Receiving Party receiving party from any loss or harm, including but not limited to reasonable attorney's fees and out-of-pocket expenses’s fees, arising out of or in connection with any breach or enforcement of the Receiving Party's receiving party’s obligations under this Agreement or the unauthorized use or disclosure of the Disclosing Party's disclosing party’s Confidential Information.

Appears in 1 contract

Sources: Mutual Non Disclosure Agreement

Remedies; Indemnification. Each The Company and Third Party agrees each agree that its obligations set forth in this Agreement are necessary and reasonable in order to protect the Disclosing Party disclosing party and its business. The Parties Company and Third Party each expressly agree that due to the unique nature of the Disclosing Party's disclosing party’s Confidential Information, monetary damages may would be inadequate to compensate the Disclosing Party disclosing party for any breach by the Receiving Party receiving party of its covenants and agreements set forth in this Agreement. Accordingly, the Parties Company and Third Party each agree and acknowledge that any such violation or threatened violation may shall cause irreparable injury to the Disclosing Party disclosing party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Disclosing Party disclosing party shall be entitled (a) to seek obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the Receiving Partyreceiving party, without the necessity of proving actual damages, and (b) to be indemnified by the Receiving Party receiving party from any loss or harm, including but not limited to reasonable attorney's fees and out-of-pocket expenses’s fees, arising out of or in connection with any breach or enforcement of the Receiving Party's receiving party’s obligations under this Agreement or the unauthorized use or disclosure of the Disclosing Party's disclosing party’s Confidential Information.. The parties have executed this Mutual Nondisclosure Agreement as of the date first above written. By: Name:

Appears in 1 contract

Sources: Mutual Nondisclosure Agreement

Remedies; Indemnification. Each Party agrees The Company and Recipient each agree that its obligations set forth in this Agreement are necessary and reasonable in order to protect the Disclosing Party disclosing party and its business. The Parties Company and Recipient each expressly agree that due to the unique nature of the Disclosing Party's disclosing party’s Confidential Information, monetary damages may would be inadequate to compensate the Disclosing Party disclosing party for any breach by the Receiving Party receiving party of its covenants and agreements set forth in this Agreement. Accordingly, the Parties Company and Recipient each agree and acknowledge that any such violation or threatened violation may shall cause irreparable injury to the Disclosing Party disclosing party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Disclosing Party disclosing party shall be entitled (a) to seek obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the Receiving Partyreceiving party, without the necessity of proving actual damages, and (b) to be indemnified by the Receiving Party receiving party from any loss or harm, including but not limited to reasonable attorney's fees and out-of-pocket expenses’s fees, arising out of or in connection with any breach or enforcement of the Receiving Party's receiving party’s obligations under this Agreement or the unauthorized use or disclosure of the Disclosing Party's disclosing party’s Confidential Information.

Appears in 1 contract

Sources: Mutual Non Disclosure Agreement