This is a follow up question from the following stack exchange question found below:
I would like the paragraph to convey that mediation needs to happen first before the injunction relief occurs. I wanted to check if my edits to the paragraph make that clear.
- The Parties agree that the disclosing Party will suffer irreparable injury if its Confidential Information is made public, released to a third party, or otherwise disclosed in breach of this Agreement and that the disclosing Party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach according to the procedure outline in section 13 below and, in the event of such breach, an award of actual and exemplary damages.
Section 13 is as follows:
- The interpretation and validity of this Agreement and the rights of the parties shall be governed by the laws of the State of Ohio. Any action brought to enforce this Agreement shall be brought in Ohio but only after first having gone through mediation at a location reasonably convenient to all parties in an attempt to efficiently resolve any disputes that might arise.
If this doesn't express mediation needs to occur first, is there better language I can use to convey this idea?
As a side note, MNDA stands for Mutual Non-Disclosure Agreement.