(b) Article 13(a) shall not apply to any dispute arising out of or in connection with Sections 5, 6 or 7 of this Agreement, and the following in this Section 13(b) shall apply to any dispute arising out of Articles 5, 6 or 7 of this Agreement. The Officer agrees that the Company would suffer irreparable damage if the Agent violated or threatened to violate its agreements in Sections 5, 6 or 7 and that the Company would be entitled to seek an injunction in an appropriate court as a result of such breach or threat of breach. Management also agrees that, in addition to the injunction, the Company may also assert and claim monetary damages. In addition, in the event that the Commission violates or threatens to violate any of its agreements in Articles 5, 6 or 7, any acquired or unpaid portion of the amounts set out in Article 3(b) above will be forfeited. An injunction clause is an integral part of a contract that expressly orders one or both parties to refrain from an act that would cause harm to the other party. It is used in cases where there is no recourse for causing the declared damage by exchanging money or other valuables, and the only way to prevent damage is to stop the specified action. That judgment reflects the entirely reasonable need for the General Court to preserve its discretion and jurisdiction to grant a fair remedy. The judgment therefore refuses to cede this power to the parties. A court of equity will not allow the parties to confer substantive jurisdiction on the court by its own agreement if it would not otherwise exist. Similarly, the court will refuse to be bound by a contractual provision relating to irreparable damage if the facts clearly do not justify the finding of irreparable damage. The court noted that in the Martin Marietta case, the Supreme Court reviewed the records to determine whether there had been actual harm in support of the contractual provision and found such damage. Similarly, former Chancellor William B. Chandler III was arrested in Kansas City Southern v.

Grupo TMM S.A., C.A. No. 20518-NC (Del. Ch. Nov. 4, 2003), noted that such contractual provisions allow the court to determine irreparable damage, but cannot limit the court`s discretion to refuse an injunction or to require the court to ignore facts that clearly do not justify the finding of irreparable harm. The right to an injunction is not always granted by the court. A judge must decide whether the act that is the subject of a preliminary injunction really represents a burden on the person`s future career or represents a real difficulty for the employer. Injunction clauses in contracts can give the parties who sign the agreement a false sense of security because approval of injunctions in court is not guaranteed. The main problems with injunction clauses are: As mentioned earlier, proving irreparable damage without a clause could take a long time.

This delay could mean that any irreparable damage suffered as a result of the breach could be exacerbated by the delay. Courts may grant a fair remedy to a party if the court finds that financial damages would not compensate that party for the harm suffered. In other words, courts can offer a fair remedy if they find that without a fair remedy, that party would suffer irreparable harm – harm that the financial remedy would not compensate. 12. Injunction. The parties agree that any breach of Articles 1, 4 or 6 of the Agreement could cause significant and irrevocable harm to the non-infringing party and, therefore, in the event of a breach, the non-infringing party will be entitled to special enforcement and injunction in addition to other available remedies. WHAT YOU CAN DO: When looking at an employment contract, read every section and every word, even if it seems to make you drowsy to do so. Don`t be afraid of injunctions, as they don`t pose a real risk to you, but beware of other elements that might be inserted into them: REAL CASE HISTORY: Most employment contracts include a section, usually towards the end of the contract, called an “injunction,” or a sentence that contains similar words. It is inserted in employment contracts by the employer`s legal adviser.

In summary, the parties intend that the court will use the clause to presume irreparable harm in the court`s decision whether or not to grant an appropriate remedy. Right to certain performances and omissions. Nothing in this document limits the Investor`s right to seek other remedies available to it under law or equity, including, but not limited to, an order on a particular service and/or injunction. In this regard, the Issuer hereby agrees that the Investor shall be entitled to receive a particular performance and/or not to provide with respect to the Issuers` failure to deliver common shares in a timely manner upon conversion of the Debenture, as required by the terms of this Agreement or the obligations of the Issuer with respect to the reservation of shares and its transfer agents. including the use, termination, replacement or withdrawal of the transfer agent and the obligation to issue an irrevocable instruction and share the booking letter with any onward transfer agent. The Issuer accepts that, in such a case, all the conditions for a particular performance and/or a provisional and permanent injunction are met, including the fact that the investor would suffer irreparable damage for which there would be no adequate remedy. The Issuer further agrees not to object to a court or arbitrator granting or ordering a particular service or an interim and/or permanent injunction if the Investor demonstrates that the Issuer has failed to comply with any of the obligations contained herein. Such an allocation or order may require the issuer to issue shares to the investor without undue delay in accordance with a notice of conversion and/or require the issuer to comply promptly with its obligations with respect to the reservation of shares and its transfer agent, including the use, termination, replacement or withdrawal of the issuer`s transfer agent and the obligation to issue an irrevocable instruction and a Share the booking letter to be issued with each onward transfer agent. .