Authority's Remedies Cumulative. 34 Authority’s rights to suspend or terminate the Agreement under Section 11.02, to obtain 35 specific performance under Section 11.03, and to perform and use property under 36 Section 11.04 are not exclusive, and shall not be construed as a limitation on any of the 37 Authority’s other rights or remedies, and the Authority’s exercise of one such right shall 38 not constitute an election of remedies. Instead, they shall be in addition to any and all 39 other legal and equitable rights and remedies that the Authority may have, including a 40 legal action for damages under Section 11.05 or imposition of liquidated damages under 41 Section 11.07.
Authority's Remedies Cumulative. 1792 The Authority's rights to seek dispute resolution in accordance with Section 8.17, suspend or terminate 1793 this Agreement in accordance with Section 7.2, to perform under Section 7.3, or to seek other available 1794 remedies under Section 7.4, are not mutually exclusive. Exercise of one remedy is not an election of
Authority's Remedies Cumulative. Specific Performance Authority’s rights to terminate the Agreement under Section 10.2 and to take possession of the Contractor's records under Section 10.4 are not exclusive, and Authority’s termination of the Agreement and/or the imposition of Liquidated Damages shall not constitute an election of remedies. Instead, these rights shall be in addition to any and all other legal and equitable rights and remedies that Authority may have. By virtue of the nature of this Agreement, the urgency of timely, continuous, and high-quality service, the lead time required to effect alternative service, and the rights granted by Authority to the Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and Authority shall be entitled to injunctive relief (including, but not limited to, specific performance).
Authority's Remedies Cumulative. 1603 1604 1605 1606 The Authority's rights to seek dispute resolution in accordance with Section 8.17, suspend or terminate this Agreement in accordance with Section 7.02, to perform under Section 7.03, or to seek other available remedies under Section 7.04 are not mutually exclusive. Exercise of one remedy is not an election of remedies but is cumulative with any other remedies under this Agreement. 1607
Authority's Remedies Cumulative. Authority’s rights to suspend or terminate the Agreement under Section 11.02, to obtain specific performance under Section 11.03, and to perform and use property under Section 11.04 are not exclusive and shall not be construed as a limitation on any of the Authority’s other rights or remedies, and the Authority’s exercise of one such right shall not constitute an election of remedies. Instead, they shall be in addition to any and all other legal and equitable rights and remedies that the Authority may have, including a legal action for damages under Section 11.05 or imposition of Liquidated Damages under Section 11.07.
Authority's Remedies Cumulative. 51 9.06 Excuse from Performance 52
Authority's Remedies Cumulative. 1589 The Authority's rights to seek dispute resolution in accordance with Section 8.17, suspend or terminate 1590 this Agreement in accordance with Section 7.2, to perform under Section 7.3, or to seek other available 1591 remedies under Section 7.4, are not mutually exclusive. Exercise of one remedy is not an election of 1592 remedies but is cumulative with any other remedies under this Agreement. 1593 7.6 Waiver 1594 The Authority’s waiver of any breach or Contractor Default shall not be deemed to be a waiver of any 1595 other breach or Contractor Default including ones with respect to the same obligations under this 1596 Agreement; provided however, that nothing herein abrogates applicable statutes of limitations for any 1597 claims which were or could have been brought. The Authority's decision not to demand damages shall 1598 not be deemed a waiver of any Contractor breach under this Agreement. The Authority's subsequent 1599 acceptance of any damages or other money paid by Contractor shall not be deemed to be a waiver by 1600 the Authority of any pre-existing or concurrent breach or Contractor Default; provided however, that 1601 nothing herein abrogates applicable statutes of limitations for any claims which were or could have 1602 been brought . 1603 Contractor acknowledges that it is solely responsible for providing Services and except as provided 1604 below in this paragraph, by this Agreement irrevocably and unconditionally waives defenses to the 1605 payment and performance of its obligations under this Agreement based upon failure of consideration; 1606 contract of adhesion; impossibility or impracticability of performance; commercial frustration of 1607 purpose; or the existence, non-existence, occurrence or non-occurrence of any foreseen or unforeseen 1608 fact, event, or contingency that may be a basic assumption of Contractor with regard to any provision of 1609 this Agreement; provided, however that Contractor does not waive defenses to impossibility or 1610 impracticability of performance; commercial frustration of purpose; or the existence, non-existence, 1611 occurrence or non-occurrence of any unforeseeable fact, event, or contingency that may arise during 1612 the Term of this Agreement. Contractor does not waive any defenses of Uncontrollable Circumstances at 1613 any time. 1614 1615
