Additional Enforcement Rights Sample Clauses

Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the Association, acting through the Board of Directors, may elect to enforce any provision of the Declaration, these By-Laws, or the rules and regulations of the Association by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations) or by suit at law or in equity to enjoin any violation or to recover monetary damages or both without the necessity of compliance with the procedure set forth above. In any such action, to the maximum extent permissible, the Owner or occupant responsible for the violation of which abatement is sought shall pay all costs, including reasonable attorney's fees actually incurred.

Additional Enforcement Rights. Notwithstanding anything to the contrary in this Article, the Board may elect to enforce any provision of the Governing Documents by self help (specifically including, but not limited to, towing vehicles that are in violation of parking rules) of, following compliance with the dispute resolution procedures set forth in Article XIII of the Declaration, if applicable, by suit at law or in equity to enjoin any violation or to recover monetary damages or both, without the necessary compliance with the procedure set forth above. In any such action, to the maximum extent permissible, the Owner or Person responsible for the violation of which abatement is sought shall pay all costs, including reasonable attorney's fees actually incurred. Any entry onto a Unit for purposes or exercising this power of self help shall not be deemed as trespass.

Additional Enforcement Rights. If the Party with the original right to engage in enforcement activities pursuant to Section 5.2 or Section 5.3 (in each case, the “First Right Party”) refuses to take action against an Infringement within ninety (90) calendar days of the Notice provided by either Party pursuant to Section 5.1, such First Right Party shall notify the other Party (the “Second Right Party”) of such decision and the Second Right Party may, at its sole risk, cost and expense, commence and prosecute legal proceedings in its own name. Should the Second Right Party proceed with any such action, (i) the Second Right Party shall keep the First Right Party reasonably informed of the status of, and its activities regarding, such action; and (ii) the First Right Party shall reasonably cooperate with the Second Right Party in any such action, including joining the action as a party if necessary to maintain standing, at the Second Right Party’s expense. If the First Right Party becomes a party to any action pursuant to this Section 5.4, it shall have the right to be represented by its own counsel if it so chooses, at its own expense. Any award, or portion of an award, recovered by the Second Right Party in any action commenced by it pursuant to this Section 5.4 shall belong solely to the Second Right Party after recovery by both Parties of their respective actual out-of-pocket costs.

Additional Enforcement Rights. In addition to all other rights afforded Secured Party hereunder, Secured Party may, at Secured Party’s option, from time-to-time, and without notice to Debtor except as otherwise required hereunder, and without affecting the obligations of Debtor: (a) pay, purchase, contest, compromise or discharge any Security Interests, which, in Secured Party’s judgment, may affect or appear to affect the Collateral or Secured Party’s rights under this Agreement; (b) pay for the maintenance and preservation of the Collateral, with all amounts advanced by Secured Party under this Article V, together with all costs and expenses, including reasonable attorney fees, shall be repaid by Debtor; (c) release, renew, or extend the time or terms of payment of any Obligation; (d) release, surrender, or substitute any property or other security; (e) accept any type of further security therefore; (f) demand that Debtor shall, and Debtor shall act to, at the sole expense of Debtor, promptly execute and deliver any and all such further instruments and documents and take such further action as Secured Party Debtor may reasonably deem necessary to obtain the full benefits of the rights and powers herein granted; (g) take all action as Secured Party may reasonably deem necessary to obtain the full benefits of the rights and powers herein granted, including but not limited to filing any financing or continuation statements under the UCC or any federal law with respect to the Granted Interest granted hereby, executing and filing any mortgage or other agreement, paying any necessary filing fees or taxes, executing any additional agreement, granting any proxy or power, giving any notice, or otherwise; and (h) file financing statements and continuation statements without the signature of or other authentication by Debtor to the extent permitted by applicable law.

Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the Association may elect to enforce any provisions of the Declaration, the By-Laws or the Rules and Regulations by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations) or by suit at law or in equity to enjoin any violation or to recover monetary damages or both without the necessity of compliance with the procedure set forth above. In any such action, to the maximum extent permissible, the violator shall pay all costs, including reasonable attorneys' and paralegal fees incurred by the Association.