Injunctive relief clause: Copy, customize, and use instantly
Introduction
An injunctive relief clause provides for the possibility of seeking injunctive relief (a court order requiring a party to do or refrain from doing a particular act) in the event of a breach of the agreement. This clause is essential for addressing situations where monetary damages would not adequately remedy the harm caused by a breach, particularly in cases involving violations of intellectual property, confidentiality, or non-compete provisions.
Below are templates for injunctive relief clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard injunctive relief clause
This version provides a general framework for seeking injunctive relief.
The Parties agree that in the event of a breach or threatened breach of this Agreement, the non-breaching Party shall be entitled to seek injunctive relief, including a temporary restraining order or permanent injunction, to prevent further harm or violation of the Agreement. This remedy is in addition to any other legal or equitable remedies available.
Injunctive relief clause with provision for irreparable harm
This version emphasizes irreparable harm.
The Parties acknowledge that any breach of this Agreement, including but not limited to the unauthorized disclosure of confidential information or violation of non-compete obligations, would cause irreparable harm to the non-breaching Party. Therefore, the non-breaching Party shall be entitled to seek immediate injunctive relief to prevent such harm, without the need to prove actual damages.
Injunctive relief clause with a waiver of bond requirement
This clause waives the need for a bond when seeking injunctive relief.
In seeking injunctive relief, the Parties agree that the non-breaching Party shall not be required to post a bond or security, as the harm caused by the breach is deemed to be irreparable and beyond the ability to calculate in monetary terms. The Court may issue an injunction without requiring such bond.
Injunctive relief clause with provision for specific performance
This version includes the possibility of specific performance.
In the event of a breach of this Agreement, the non-breaching Party may seek an injunction requiring the breaching Party to specifically perform their obligations under this Agreement, in addition to or in lieu of other remedies such as monetary damages, as determined by the Court.
Injunctive relief clause with provision for both parties
This version allows both parties to seek injunctive relief.
Both Parties agree that in the event of a breach or anticipated breach of this Agreement, either Party may seek injunctive relief, including a temporary restraining order or permanent injunction, without the need for a bond, to prevent any harm to the business or assets of the Parties.
Injunctive relief clause with expedited proceedings
This clause ensures that the injunction process is expedited.
In the event of a breach, the non-breaching Party is entitled to seek expedited judicial proceedings to obtain an injunction to prevent further damage or harm. The Parties agree that the court will give priority to resolving the injunctive relief request.
Injunctive relief clause with provision for judicial discretion
This version gives the court discretion in granting injunctive relief.
The Parties agree that the court may, in its discretion, issue injunctive relief to prevent further breach of this Agreement. The court will assess the need for such relief based on the facts and circumstances surrounding the breach and the extent of potential harm.
Injunctive relief clause with provision for third-party enforcement
This clause allows a third party to seek injunctive relief.
In the event that a third party is affected by a breach of this Agreement, the third party may also seek injunctive relief, in addition to the rights of the Parties, to prevent further harm or damages resulting from the breach.
Injunctive relief clause with provision for non-compete violations
This version is specifically for non-compete violations.
The Parties agree that in the event of a violation of the non-compete provisions of this Agreement, the non-breaching Party shall be entitled to immediate injunctive relief to prevent the breaching Party from engaging in competitive activities in violation of the terms of this Agreement.
Injunctive relief clause with remedy for intellectual property breaches
This clause specifically applies to intellectual property breaches.
If there is a breach related to the unauthorized use, disclosure, or infringement of intellectual property under this Agreement, the non-breaching Party shall be entitled to seek immediate injunctive relief to prevent further use or infringement of the intellectual property, in addition to any other remedies available.
Injunctive relief clause with provision for continued performance
This version requires the continued performance of contractual obligations.
The Parties agree that in the event of a breach, injunctive relief may be sought to compel the breaching Party to continue performing their obligations under this Agreement, as the non-breaching Party’s damages may not be fully compensated by monetary damages alone.
Injunctive relief clause with provision for judicial order of compliance
This version allows for judicial enforcement of compliance.
The non-breaching Party may seek an injunction from a court requiring the breaching Party to fully comply with the terms of this Agreement, as failure to do so may cause irreparable harm that cannot be adequately remedied by monetary damages.
Injunctive relief clause with provision for no requirement of showing monetary damages
This clause specifies that no monetary damages need to be shown.
The Parties agree that the non-breaching Party is not required to show evidence of monetary damages in order to obtain injunctive relief, as a breach of the Agreement may cause harm that is difficult to quantify and cannot be compensated with money alone.
Injunctive relief clause with provision for permanent injunction
This version includes the possibility of a permanent injunction.
In the event of a substantial breach, the non-breaching Party may seek a permanent injunction, preventing the breaching Party from further violating the terms of this Agreement, in addition to any other available remedies, including monetary damages.
Injunctive relief clause with provision for enforcement of confidentiality obligations
This clause addresses confidentiality breaches.
If there is a breach of the confidentiality obligations outlined in this Agreement, the non-breaching Party is entitled to seek immediate injunctive relief to prevent further unauthorized disclosure of confidential information, as well as other legal remedies.
Injunctive relief clause with provision for an alternative dispute resolution mechanism
This version includes an alternative dispute resolution process.
In the event of a breach, the Parties agree that, before seeking judicial injunctive relief, they will first engage in mediation or arbitration as outlined in Section [X] of this Agreement. If the breach is not resolved through alternative dispute resolution, the non-breaching Party may proceed with seeking injunctive relief.
Injunctive relief clause with provision for reasonable steps before seeking relief
This clause requires reasonable steps before seeking relief.
Before seeking injunctive relief, the non-breaching Party agrees to take reasonable steps to address the breach, including providing the breaching Party with written notice of the breach and an opportunity to cure the breach within [X] days. If the breach is not remedied, the non-breaching Party may seek injunctive relief.
Injunctive relief clause with provision for multiple remedies
This version allows for multiple remedies in addition to injunctive relief.
The non-breaching Party may seek injunctive relief in addition to, or in lieu of, any other available legal remedies, including monetary damages, specific performance, or other equitable remedies. The granting of injunctive relief will not preclude the pursuit of other legal actions.
Injunctive relief clause with provision for temporary relief
This clause allows for temporary injunctive relief.
In the event of a breach or threatened breach, the non-breaching Party may seek temporary injunctive relief to prevent immediate harm or disruption to the business while the matter is being resolved, with a hearing scheduled within [X] days.
Injunctive relief clause with provision for preventing disclosure of trade secrets
This version applies to trade secret breaches.
If there is a breach involving the unauthorized disclosure or use of trade secrets, the non-breaching Party is entitled to seek immediate injunctive relief to prevent further disclosure and to protect the confidentiality of its proprietary information.
Injunctive relief clause with provision for expedited judicial procedures
This version provides for expedited legal procedures.
The Parties agree that in the event of a breach, any request for injunctive relief will be treated as an expedited matter by the court, and the non-breaching Party may seek a ruling within [X] days to minimize the impact of the breach.
Injunctive relief clause with provision for judicial determination of harm
This clause allows for judicial determination of harm.
If the court finds that the non-breaching Party has suffered irreparable harm from a breach of this Agreement, the court may issue an injunction to prevent further harm, without requiring the non-breaching Party to prove the extent of the harm or demonstrate monetary damages.
Injunctive relief clause with provision for injunctive relief as an alternative remedy
This version includes injunctive relief as an alternative remedy.
The Parties agree that injunctive relief is an alternative remedy and may be sought when monetary damages would not fully compensate the non-breaching Party for the harm caused by the breach. The granting of an injunction does not preclude other remedies available under the law.
Injunctive relief clause with provision for the non-breaching party’s discretion
This version gives the non-breaching party discretion.
The non-breaching Party may, in its sole discretion, seek injunctive relief as a remedy for any breach of this Agreement, in addition to or in lieu of any other legal remedies available. This includes the ability to seek both temporary and permanent injunctions.
Injunctive relief clause with provision for the protection of business operations
This clause focuses on protecting business operations.
In the event of a breach, the non-breaching Party may seek injunctive relief to prevent any disruption to business operations, including halting any actions that would harm the company’s financial, operational, or reputational interests.
Injunctive relief clause with immediate remedy in case of breach
This version provides for immediate remedy in case of breach.
In the event of a breach or threatened breach of this Agreement, the non-breaching Party is entitled to seek immediate injunctive relief to prevent further damage or loss, without the need for a hearing or a waiting period.
Injunctive relief clause with provisions for enforcement of non-compete obligations
This clause addresses non-compete obligations.
If a Party breaches the non-compete provisions of this Agreement, the non-breaching Party shall be entitled to seek immediate injunctive relief to prevent the breaching Party from engaging in competitive activities in violation of the non-compete terms.
Injunctive relief clause with provision for preventing harm to public interest
This version ensures the protection of the public interest.
If a breach threatens the public interest or poses harm to the company’s stakeholders, the non-breaching Party is entitled to seek immediate injunctive relief to prevent further harm and protect the public interest.
Injunctive relief clause with provision for early intervention
This version allows for early intervention.
The non-breaching Party may seek injunctive relief early in the dispute resolution process to prevent further violations or breaches of the Agreement, even before the full resolution of the underlying issue, if it is deemed necessary to prevent harm.
Injunctive relief clause with provision for cross-jurisdictional enforcement
This clause allows for enforcement across jurisdictions.
In the event of a breach, the non-breaching Party may seek injunctive relief in any jurisdiction where the breaching Party operates, with the injunction enforceable across jurisdictions to prevent further violations.
Injunctive relief clause with provision for protecting employee rights
This version focuses on protecting employee rights.
If a breach of this Agreement impacts the rights or welfare of employees, the non-breaching Party may seek injunctive relief to ensure employees’ rights are protected and that no harm is caused to their employment conditions.
Injunctive relief clause with expedited hearings for urgent breaches
This clause calls for expedited hearings.
In the case of urgent breaches, the non-breaching Party may seek an expedited hearing and injunction within [X] business days to prevent immediate harm and avoid further damage to the company's interests.
Injunctive relief clause with provision for regulatory compliance violations
This version addresses regulatory compliance violations.
If a breach of this Agreement results in a violation of applicable regulations or laws, the non-breaching Party may seek injunctive relief to prevent further non-compliance and ensure that the company complies with all regulatory requirements.
Injunctive relief clause with provision for damages in addition to injunctive relief
This version includes both injunctive relief and damages.
The non-breaching Party may seek both injunctive relief and damages for any breach of this Agreement. Injunctive relief will serve to prevent further harm, while damages will compensate for any losses already incurred.
Injunctive relief clause with provision for temporary restraining orders
This clause provides for temporary restraining orders.
In addition to injunctive relief, the non-breaching Party may request a temporary restraining order to prevent further violations of this Agreement until a hearing for permanent injunctive relief can be scheduled and heard by the court.
Injunctive relief clause with provision for enforcement against affiliates and third parties
This version extends relief to affiliates and third parties.
The non-breaching Party may seek injunctive relief not only against the breaching Party but also against any affiliates, agents, or third parties acting on behalf of the breaching Party who are involved in the breach of this Agreement.
Injunctive relief clause with provision for non-breach parties
This version includes non-breaching parties.
If any non-breaching Party is adversely affected by a breach, that Party is entitled to seek injunctive relief independently to prevent further harm, in addition to the rights of the principal non-breaching Party.
Injunctive relief clause with provision for independent third-party enforcement
This clause includes third-party enforcement.
In the event of a breach, any independent third-party with vested interests in the Agreement may seek injunctive relief on behalf of the non-breaching Party to prevent further violations and protect the interests of all parties involved.
Injunctive relief clause with provision for judicial review of breach impact
This version involves judicial review of breach impact.
Before granting injunctive relief, the court will review the extent of the breach and its impact on the non-breaching Party, including potential irreparable harm, to determine if immediate relief is warranted.
Injunctive relief clause with provision for enforcing post-breach remedies
This clause allows for enforcement of post-breach remedies.
The non-breaching Party may seek injunctive relief to enforce any post-breach remedies agreed upon in this Agreement, including restoring the original state of affairs or preventing any further detrimental actions by the breaching Party.
Injunctive relief clause with provision for notice and cure period before seeking relief
This version includes notice and a cure period.
The non-breaching Party agrees to provide the breaching Party with written notice of the breach and a [X]-day period to cure the breach. If the breach is not cured within the specified period, the non-breaching Party may proceed with seeking injunctive relief.
Injunctive relief clause with provision for shared responsibility in enforcement
This clause involves shared enforcement responsibility.
Both Parties agree to collaborate in good faith to seek injunctive relief, if necessary, and work together to ensure that any breach is remedied swiftly, minimizing harm to both parties and their business interests.
Injunctive relief clause with provision for consideration of the public interest
This version considers public interest.
In granting injunctive relief, the court will also consider the public interest, including the potential impact of the breach on consumers, competition, and regulatory compliance, to ensure that the remedy is just and equitable.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.