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Old 03-17-2019, 05:01 AM   #1
seacell
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Default licensee breach issues

California

''Licensee shall not be in breach of any of its obligations hereunder unless and until Licensor has given Licensee written notice thereof, and Licensee has failed to cure such breach within 30 days following Licensee’s receipt of such written notice; provided, however, in no event shall Licensor be entitled to seek or to obtain injunctive or other equitable relief for any breach or noncompliance by Licensee with any of its obligations hereunder''

Does this mean that even if the licensee infringes the terms and doesn't take corrective action within 30 days I cannot sue him or end the agreement?
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Old 03-17-2019, 10:48 AM   #2
adjusterjack
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Default Re: licensee breach issues

I think what you are really asking is:

Quote:
Does this mean that even if the licensee infringes the terms and doesn't take corrective action within 30 days I cannot successfully sue him or successfully end the agreement?
Sure looks that way.

I'm guessing that you didn't create that contract. I'm also guessing that you didn't catch that part when you signed it.
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Old 03-17-2019, 11:42 AM   #3
AFFA
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Default Re: licensee breach issues

I wish to inform you that you may inform the Licensee in writing about your observations in the matter and seek suitable modification of the Licensing Agreement to correctly reflect the understanding of the parties and the intent. You may contact an attorney and seek guidance in the matter.

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Old 03-17-2019, 12:32 PM   #4
tad46
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Default Re: licensee breach issues

I dont think that a prohibition on injunctive relief means the licensee cannot be sued for damages or to end the agreement for breach.

It is just that injunctive relief is not allowed.
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Old 03-17-2019, 01:30 PM   #5
adjusterjack
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Default Re: licensee breach issues

The prohibition is for:

Quote:
injunctive or other equitable relief
Not just injunctive relief.
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Old 03-18-2019, 04:07 AM   #6
tad46
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Default Re: licensee breach issues

The licensee can still be sued for damages and to end the contract.
"Equitable relief" is non monetary special orders like injunctions or similar types.
It is a remedy outside of normal court damages.

__


Equitable Relief

(Definition from Nolo’s Plain-English Law Dictionary)

When a court awards a nonmonetary judgment, such as an order to do something (mandamus or specific performance) or refrain from doing something (injunction), when monetary damages are not sufficient to repair the injury.
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Old 03-18-2019, 04:08 AM   #7
tad46
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Default Re: licensee breach issues

I think the contract is intended only to prevent "equitable relief" - not to mean the licensee cannot be sued or cannot breach the contract.
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Old 03-19-2019, 04:58 PM   #8
Mack10
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Default Re: licensee breach issues

And even that ban on equitable relief may not be enforceable as against public policy (or for other reasons) in some circumstances.
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Old 03-26-2019, 07:16 AM   #9
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Default Re: licensee breach issues

I wish to inform you that you may inform the Licensee in writing about your observations in the matter and seek suitable modification of the Licensing Agreement to correctly reflect the understanding of the parties and the intent. You may contact an attorney and seek guidance in the matter.
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