Application of Remedies. The provisions of this Article 12 will govern the Parties’ remedies for breach of this Agreement.
Application of Remedies. The rights and remedies given to Lessor in this Lease are distinct, separate and cumulative, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others herein, by law or by equity provided.
Application of Remedies. This Article 11 shall govern the Parties' rights to terminate this Agreement and the Parties' remedies for breach or failure under this Agreement.
Application of Remedies. The rights and remedies given in this Lease are distinct, separate and cumulative, and no one of them, whether or not exercised, shall be deemed to be in exclusion of any of the other herein, by law or equity provided.
Application of Remedies. This Article 10 shall govern the Parties' remedies for breach or failure under this Agreement.
Application of Remedies. The provisions of this Article 19 shall govern the parties' remedies for breach of this Ground Lease.
Application of Remedies. This Article 9 will govern the Parties' remedies for breach or failure under this Agreement prior to the Lease Execution Date or Phased Improvement Milestone, as applicable; thereafter the terms and provisions of the Lease will apply.
Application of Remedies. The provisions of this Article 6 shall govern the Parties' remedies for breach or failure under this Agreement.
Application of Remedies. Any or all proceeds resulting from the exercise of any or all the foregoing remedies will be applied as set forth below, or otherwise at the sole option of the Payee
(i) First, to the costs and expenses, including reasonable attorneys’ fees, incurred by Xxxxx relating to the exercise of its remedies;
(ii) Second, to the expenses of curing the default that has occurred, if Payee, in its reasonable discretion, incurs expenses to cure the default that has occurred, including maintaining the services of a monitor;
(iii) Third, to the payment of the Obligations, including but not limited to the payment of accrued but unpaid interest, then to the principal;
(iv) Fourth, the remainder, if any, to Maker or to any other person lawfully thereunto entitled. If any deficiency remains after the payments as set forth above, Maker shall remain liable to Payee for such deficiency.
Application of Remedies. The General Partner may, in its sole discretion, waive or apply, in whole or in part, any provision of this Section 3.5. In addition, each Limited Partner acknowledges that the General Partner may, in its sole discretion, apply different default remedies to each defaulting Limited Partner, in light of the specific circumstances applicable to each such defaulting Limited Partner (including taking into account any legal or regulatory restrictions applicable to such Limited Partner with respect to the application of the default remedies in respect of its Interest). The remedies available to the General Partner herein may be applied to each separate event of default hereunder by a Limited Partner. The General Partner shall notify the Advisory Committee in writing of any waiver or application of any provision of this Section 3.5 with respect to Defaulting Limited Partners that are KKR Affiliates.
