This excerpt taken from the WTW 10-K filed Mar 17, 2005.
Dispute Resolution. (a) lf either party commits a breach of or is in default under this Agreement, the other party shall provide written notice thereof specifying the nature of the breach or default and identifying the steps required to cure the same.
(b) Upon the occurrence of any breach or default under this Agreement, each Party, in addition to any other right provided in this Agreement or otherwise, shall have the right to make application for a temporary, preliminary or permanent injunction and/or specific performance in order to prevent the continuation of such breach or default. Each party waives any requirement that the other party be required to post a bond in connection with any request for an injunction. Each party acknowledges that an injunction or an order of specific performance may be necessary to protect the Food Trademarks and Program Information and the rights of Weight Watchers and Heinz hereunder as the case may be, because the Food Trademarks and Program Information are unique and the success and viability of sales of the Licensed Products and the marketing of the Weight Watchers Business depends upon Weight Watchers and Heinz performance.
(c) Notwithstanding Section 2.09(b), it is agreed expressly by the parties to this Agreement that termination is not available as a remedy for any breach or default committed by another party under this Agreement.