This excerpt taken from the EYE 10-Q filed Aug 9, 2006.
7.3. Injunctive Relief. The Parties agree that nothing in this Agreement shall be construed as precluding injunctive relief following the mediation or otherwise altering the legal standard for the imposition of such relief under the appropriate legal standards. The Parties further agree that a Partys participation in, or delays resulting from, the dispute resolution procedures described herein shall not be used either in support of or in opposition to any claim or defense, whether equitable or at law, in any subsequent litigation.