Equitable Remedies Clause
(NY)

Summary

This equitable remedies clause grants the parties to a contract the right to seek and obtain from any court of competent jurisdiction, in the State of New York, any equitable or provisional relief or remedy enforcing any right or interest it may have in connection with the contract. This template includes practical guidance and drafting notes. Equitable remedies are court-ordered remedies when monetary compensation is either unavailable, incalculable, or insufficient under the circumstances. Unlike legal remedies, they are not automatically available but rather enforced and/or awarded in a court's discretion. Equitable remedy clauses can be made mutual or one-way and can be made to the agreement as a whole or simply to certain types of breaches and/or forms of relief. They are most commonly seen in confidentiality agreements, agreements that contain non-competes and/or non-solicitations (such as employment and other personal service contracts), and agreements for the sale or license of unique goods. For more information on equitable remedies, see Equitable Remedies, Remedies, and Damages for Breach of Commercial Contract (NY). For a clause template where parties agree to not seek equitable relief, see No Equitable Relief Clauses.