Either Party may apply to the arbitrators for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either Party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any injunctive or provisional relief necessary to protect the rights or property of that Party pending the arbitration award. The arbitrators shall have no authority to award any damages excluded by Section 8.4. Each Party shall bear its own costs and expenses and attorneys’ fees and an equal share of the arbitrators’ fees and any administrative fees of arbitration.

EitherNotwithstanding the foregoing, prior to or following the appointment of an arbitrator, either Party may apply to the arbitrators for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either Party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction hereof any interim, provisional, or injunctive or provisional relief that may be necessary to protect the rights or property of thatany Party pendingor maintain the arbitration award.status quo. The arbitratorsinstitution or maintenance of any judicial action or proceeding for any such interim, provisional, or injunctive relief shall have no authority to award any damages excluded by Section 8.4. Each Party shall bear its own costs and expenses and attorneys’ fees and an equal sharenot constitute a waiver of the arbitrators’ fees and any administrative feesright or obligation of either Party to submit the Dispute to arbitration.

Any party may, without waiving any remedy underinconsistency with this Agreement, seek from a court any court having jurisdiction any injunctiveinterim or provisional relief that may be necessary to protect the rights or property of that Partyparty pending the arbitration award. The arbitrators shall have no authority to award any damages excluded by [Section 8.4]. Each Party shall bear its own costs and expenses and attorneys’ fees and an equal shareestablishment of the arbitrators’ fees and any administrative feesarbitral tribunal, or pending the arbitral tribunal’s determination of arbitration.the merits of the controversy.

Either Party may apply to the arbitrators for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either PartyParry also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any injunctive or provisionalother equitable relief necessaryin the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding, In addition, either Party may bring an action in any court of competent jurisdiction to protectresolve disputes pertaining to the rightsvalidity, construction, scope, enforceability, infringement or other violations of Patents or other intellectual property of that Party pending therights, and no such claim shall be subject to arbitration award. The arbitratorspursuant to [Section 12.6(b)]. Further, no claim under any antitrust, anti-monopoly or competition law or regulation, whether or not statutory, shall have no authoritybe subject to award any damages excluded by Section 8.4. Each Party shall bear its own costs and expenses and attorneys’ fees and an equal share of the arbitrators’ fees and any administrative fees of arbitration.arbitration pursuant to [Section 12.6(b)].

EitherProvisional Remedies. Notwithstanding any provision of this Agreement to the contrary, either Party may applyimmediately initiate litigation in any court of competent jurisdiction seeking any remedy at law or in equity, including the issuance of a preliminary, temporary or permanent injunction, to preserve or enforce its rights under this Agreement. The procedures specified in this Section 10.9 shall be the sole and exclusive procedures for the resolution of Disputes between the Parties arising out of or relating to this Agreement; provided, that a Party, without prejudice to the arbitrators for interimabove procedures, may seek injunctive relief untilor other provisional judicial relief if in its sole judgment such action is necessary to avoid irreparable damage; provided that, both Parties agree the arbitration award is renderedarbitrators shall be fully empowered to modify, set aside or the controversy is otherwise resolved. Either Party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction anycontinue such injunctive or other provisional relief necessaryin the arbitrators’ discretion. Despite such action the Parties will continue to protectparticipate in good faith in the rights or property of that Party pending the arbitration award. The arbitrators shall have no authority to award any damages excluded byprocedures specified in this Section 8.4. Each Party shall bear its own costs and expenses and attorneys’ fees and an equal share of the arbitrators’ fees and any administrative fees of arbitration.10.9.

Either PartyThe arbitrators may applygrant any legal or equitable remedy or relief that the arbitrators deem just and equitable, to the same extent that remedies or relief could be granted by a state or federal court, provided however, that no punitive damages may be awarded. No court action shall be maintained seeking punitive damages. The decision of any two of the three arbitrators for interim injunctive relief untilappointed shall be binding upon the arbitration award is rendered orParties. Notwithstanding anything to the controversy is otherwise resolved. Either Party also may, without waiving any remedy undercontrary in this Agreement, prior to or while an arbitration proceeding is pending, either Party has the right to seek and obtain injunctive and other equitable relief from anya court havingof competent jurisdiction any injunctive or provisional relief necessary to protect theenforce that Party’s rights or property of that Party pending the arbitration award. The arbitrators shall have no authority to award any damages excluded by Section 8.4. Each Party shall bear its own costs and expenses and attorneys’ fees and an equal share of the arbitrators’ fees and any administrative fees of arbitration.hereunder.