Additional Rights of Parties. A. No right or remedy herein conferred upon or reserved to Landlord or Tenant is intended to be exclusive of any other right or remedy, and every right or remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law. The failure of Landlord or Tenant to insist at any time upon the strict performance or observance of any covenant or condition, or to exercise any right, power of remedy under this Lease shall not be construed as a waiver or relinquishment thereof for the future. The receipt by Landlord of any Base Rent, additional rent or other sum payable hereunder with knowledge of the breach of any covenant or agreement in this Lease shall not be deemed a waiver of such breach, and no waiver by Landlord or Tenant of any provision of this Lease shall be deemed to have been made unless expressed in writing by Landlord or Tenant, as the case may be. Landlord or Tenant shall be entitled to the extent permitted by applicable law, to injunctive relief in case of the violation or attempted or threatened violation of any covenant, agreement, condition or provision of this Lease or to a decree compelling performance of any covenant, agreement, condition or provision of this Lease, or to any other remedy allowed by law.
B. If either party shall be in default in the performance of any of its obligations under this Lease, the defaulting party shall pay to the other party the reasonable expenses incurred in connection therewith, including reasonable attorneys' fees and expenses. If a party shall, without fault on its part, be made a party to any litigation commenced against the other, and if the other party shall not provide the party without fault with counsel reasonably satisfactory to it, said other party shall pay all costs and reasonable attorneys' fees and expenses incurred or paid by the other in connection with such litigation. Notwithstanding the above, counsel provided by an insurance carrier shall be considered reasonably satisfactory unless such counsel shall refuse to act for the party.
Additional Rights of Parties. At its option, Secured Party may discharge taxes, liens or security interests or other encumbrances at any time levied or placed on the Collateral, may place and pay for insurance on the Collateral upon failure by the Debtor, after having been requested to do so, to provide insurance satisfactory to the Secured Party, and may pay for the maintenance, repair, and preservation of the Collateral. To the extent permitted by applicable law, Debtor agrees to reimburse Secured Party on demand for any payment made, or any expense incurred by Secured Party pursuant to the foregoing authorization. Until default Debtor may have possession of the Collateral and use it in any lawful manner not inconsistent with this agreement and not inconsistent with any policy of insurance thereon.
Additional Rights of Parties. 10 ARTICLE XIII. INDEMNITY................................................11
Additional Rights of Parties. In addition to any other rights or remedies specified herein, either party may institute legal proceedings to cure, correct or remedy any breach, or to specifically enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation of the provisions of this Agreement, in accordance with Government Code Section 65865.4.
Additional Rights of Parties. 115 In the event that Tenant disputes the List of Damages, Tenant may bring suit in either the general sessions or circuit 116 court of the county in which the Leased Property is located for those items to which Xxxxxx specifically dissented in 117 Xxxxxx’s statement of dissent referenced above. Landlord shall not be entitled to retain any portion of the Security 118 Deposit if Security Deposit was not deposited into a separate account solely used for that purpose and if Landlord fails 119 to provide Tenant with a copy of the List of Damages as required herein. 120 Landlord may recover the costs of any and all contractual damages to which Xxxxxxxx is entitled herein, plus the cost 121 of any additional physical damages to the Leased Property which are discovered by Landlord after an inspection has 122 been completed. Any additional physical damages must be discovered by Landlord by the earlier of: 123 1. Thirty (30) days after Xxxxxx has vacated or abandoned the Leased Property 124 OR 125 2. Seven (7) days after a new tenant takes possession of the Leased Property. 126 If Tenant vacates the Leased Property not owing any monies and a refund from the security deposit is due, Owner 127 shall have Landlord send notice to the last known or reasonably determinable address of the amount of said refund to 128 Tenant. If Xxxxxx does not respond to said notice within sixty days from the sending of the notice, then Owner may 129 remove the Security Deposit and retain it free from any claim by Xxxxxx or any other person.
Additional Rights of Parties. At Xxxx Atlantic’s or Vodafone’s election, such Party may cause the Partnership to distribute to it the towers and related assets which are, or become, the subject of a Compliant Tower Monetization transaction by such Party or its Affiliates, as a preliminary step in including such towers and related assets in a Compliant Tower Monetization transaction, so long as (i) such Compliant Tower Monetization transaction is consummated within ninety (90) days of such distribution and (ii) such Party reimburses the Partnership for any Partnership Costs incurred in connection with such distribution. With respect to communications towers and related assets held by Xxxx Atlantic’s Affiliate UCN, it is Xxxx Atlantic’s intention to contribute such towers and related assets to its joint venture with Crown Castle. Upon the completion of such transaction the Partnership or its Affiliates will enter into one or more leases of capacity on the contributed towers, effective as of April 1, 2000. Any payments under such leases will be reduced by any expenses incurred by the Partnership with respect to such towers (other than the payments due under such leases) (i.e., ground rents, real estate and taxes and maintenance expenses except to the extent any of the foregoing relate to communications equipment that will continue to be owned or operated by the Partnership).
Additional Rights of Parties. At its option, Secured Party may discharge taxes, liens or security interests or other encumbrances at any time levied or placed on the Collateral. To the extent permitted by applicable law, Debtor agrees to reimburse Secured Party on demand for any payment made, or any expense incurred by Secured Party pursuant to the foregoing authorization.
Additional Rights of Parties. At its option, Secured Party may discharge taxes, liens or security interests or other encumbrances at any time levied or placed on the Collateral, may place and pay for insurance on the Collateral upon failure by the Debtor, after having been requested to do so, to provide insurance satisfactory to the Secured Party, and may pay for the maintenance, repair, and preservation of the Collateral including additional governmental filings required to keep the Collateral in good standing. To the extent permitted by applicable law, Debtor agrees to reimburse Secured Party on demand for any payment made, or any expense incurred by Secured Party pursuant to the foregoing authorization. Until default Debtor may have possession of the Collateral and use it in any lawful manner not inconsistent with this agreement and not inconsistent with any policy of insurance thereon.
Additional Rights of Parties. While evaluation procedures may in many cases be related for disciplinary purposes to disciplinary and/or discharge proceedings, discipline and discharge procedures may in appropriate cases be undertaken independently of the evaluation and grievance procedures contained in the Agreement. This provision shall not, however, constitute a waiver of any rights a unit member may have to adequate notice of performance deficiencies and adequate opportunity to improve.
Additional Rights of Parties. 120 In the event that Tenant disputes the List of Damages, Tenant may bring suit in either the general sessions or circuit 121 court of the county in which the Leased Property is located for those items to which he specifically dissented in his 122 statement of dissent referenced above. Landlord shall not be entitled to retain any portion of the Security Deposit if 123 Security Deposit was not deposited into a separate account solely used for that purpose and if Landlord fails to 124 provide Tenant with a copy of the List of Damages as required herein. 125 Landlord may recover the costs of any and all contractual damages to which he is entitled herein, plus the cost of 126 any additional physical damages to the Leased Property which are discovered by Landlord after an inspection has 127 been completed. Any additional physical damages must be discovered by Landlord by the earlier of:
