Backup Remedy Sample Clauses

Backup Remedy. If M&I fails to remedy the breach in the time periods specified in Section 9.3 above, Customer may file a claim for Damages pursuant to the dispute resolution procedure set forth in Section 15.1 below and, in addition, terminate the Agreement for cause pursuant to Section 11.2 below.
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Backup Remedy. If Metavante fails to remedy the breach in the time periods specified in Section 6.3 above, Customer may file a claim for Damages pursuant to the dispute resolution procedure set forth in Section 11.1 below and, in addition, terminate the Agreement for cause pursuant to Section 8.2 below and claim Damages as provided in Section 9.3 below. THE BACKUP REMEDY SET FORTH IN THIS SECTION 6.4 IS CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR METAVANTE'S BREACH OF THE PERFORMANCE WARRANTY, TO THE EXCLUSION OF ALL OTHER REMEDIES, IN CONTRACT, TORT, OR OTHERWISE.
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Backup Remedy. If Metavante fails to remedy the breach in the time ------------- periods specified in Section 5.3 above, Reseller may terminate the Agreement for cause pursuant to Section 9.2 below. . THE REMEDIES SET FORTH IN SECTION 5.3 AND THIS SECTION 5.4 ARE RESELLER'S SOLE AND EXCLUSIVE REMEDIES FOR Metavante's BREACH OF THE PERFORMANCE WARRANTY, TO THE EXCLUSION OF ALL OTHER REMEDIES, IN CONTRACT, TORT, OR OTHERWISE.
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Backup Remedy. If Metavante fails to remedy the breach in the time ------------- periods specified in Section 7.4 above, Customer may file a claim for Damages pursuant to the dispute resolution procedure set forth in Section 13.1 below and, in addition, terminate the Agreement for cause pursuant to Section 9.2 below. THE BACKUP REMEDY SET FORTH IN THIS SECTION 7.5 IS CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR Metavante's BREACH OF THE PERFORMANCE WARRANTY, TO THE EXCLUSION OF ALL OTHER REMEDIES, IN CONTRACT, TORT, OR OTHERWISE.
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Backup Remedy. If after ninety (90) days M&I remains in breach of the Performance Warranty, the Customer may terminate this Agreement without penalty or payment of any Termination Fee upon giving M&I at least thirty (30) days' prior written notice, with such notice to run after the expiration of the ninety (90) day cure period. THE BACKUP REMEDY SET FORTH IN THIS SECTION 9.4 IS CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE PERFORMANCE WARRANTY, TO THE EXCLUSION OF ALL OTHER REMEDIES, IN CONTRACT, TORT, OR OTHERWISE.
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Backup Remedy. 3 9.5 DISCLAIMER OF ALL OTHER WARRANTIES ..................................... 3 10.
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Backup Remedy. If M&I fails to remedy the breach in the time periods ------------- specified in Section 7.3 above, Customer may file a claim for Damages pursuant to the dispute resolution procedure set forth in Section 13.1 below and, in addition, terminate the Agreement for cause pursuant to Section 9.2 below. THE BACKUP REMEDY SET FORTH IN THIS SECTION 7.4 IS CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR M&I's BREACH OF THE PERFORMANCE WARRANTY, TO THE EXCLUSION OF ALL OTHER REMEDIES, IN CONTRACT, TORT, OR OTHERWISE.
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Backup Remedy. If Metavante fails to remedy the breach in the time periods specified in Section 5.3 above, Spectrum may terminate this Agreement for cause pursuant to Section 9.2 below, and/or the Xxxx Payment Customer may terminate its agreement with Metavante, and Spectrum or the Xxxx Payment Customer may seek Damages as allowed under Article 10 hereof. THE BACKUP REMEDY SET FORTH IN THIS SECTION 5.4 IS SPECTRUM'S SOLE AND EXCLUSIVE REMEDY FOR METAVANTE's BREACH OF THE PERFORMANCE WARRANTY, TO THE EXCLUSION OF ALL OTHER REMEDIES, IN CONTRACT, TORT, OR OTHERWISE.
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Related to Backup Remedy

  • UCC Remedies (a) Upon the occurrence of and during the continuance of an Event of Default under this Agreement or the other Financing Documents, Agent, in addition to all other rights, options, and remedies granted to Agent under this Agreement or at law or in equity, may exercise, either directly or through one or more assignees or designees, all rights and remedies granted to it under all Financing Documents and under the UCC in effect in the applicable jurisdiction(s) and under any other applicable law; including, without limitation:

  • Specific Remedy In addition to such other rights and remedies as the Company may have at equity or in law with respect to any breach of this Agreement, if you commit a material breach of any of the provisions of Sections 9.1, 9.2, or 10, the Company shall have the right and remedy to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company.

  • Remedy Except as provided by the Act and this Agreement, arbitration will be the sole, exclusive, and final remedy for any dispute between Executive and the Company. Accordingly, except as provided for by the Act and this Agreement, neither Executive nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.

  • Default Remedies Any one of the following occurrences shall constitute an ----------------- "EVENT OF DEFAULT" under this Note: (i) failure by the Maker to make any payment of principal or interest when the same becomes due and payable, said failure continuing for thirty (30) days or more; or (ii) if Maker shall fail to pay its debts, make an assignment for the benefit of its creditors, or shall commit an act of bankruptcy, or shall admit in writing its inability to pay its debts as they become due, or shall seek a composition, readjustment, arrangement, liquidation, dissolution or insolvency proceeding under any present or future statute or law, or shall file a petition under any chapter of federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing, or shall become "insolvent" as that term is generally defined under the Federal Bankruptcy Code, or shall in any involuntary bankruptcy case commenced against it file an answer admitting insolvency or inability to pay its debts as they become due, or shall fail to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or be the subject of an order for relief in such bankruptcy case, or to be adjudged a bankruptcy or insolvent, or shall have a custodian, trustee or receiver appointed for, or have any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution or liquidation, and such custodian, trustee, liquidator or receiver shall not be discharged, or such jurisdiction shall not be relinquished, vacated or stayed within sixty (60) days of the appointment. Upon occurrence of an Event of Default hereunder, the entire outstanding principal balance and any unpaid interest then accrued under this Note, shall at the option of the Payee hereof and without demand or notice of any kind to the undersigned or any other person (including, but not limited to, any guarantor now or hereafter existing), immediately become and be due and payable in full. In such event, Payee shall have and may exercise any and all rights and remedies available at law or in equity.

  • Waiver; Remedies No failure on the part of Purchaser to exercise, and no delay in exercising, any right under this Guaranty shall operate as a waiver, nor shall any single or partial exercise of any right under this Guaranty preclude any other or further exercise of any other right. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or equity. In the event that Merchant fails to perform any obligation under the Agreement, Purchaser may enforce its rights under this Guaranty without first seeking to obtain performance for such default from Merchant or any other guarantor.

  • Specific Remedies Upon the occurrence of any Event of Default:

  • Additional Remedies The rights, powers and remedies given to Bank hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to Bank by law against Borrower or any other person, including but not limited to Bank's rights of setoff or banker's lien.

  • Default Breach Remedies Notwithstanding anything to the contrary contained in Paragraph 13.1 or elsewhere in the Lease:

  • Breach; Remedies Notwithstanding anything to the contrary in this Agreement, the Participant agrees and acknowledges that the breach of this Section would cause substantial loss to the goodwill of the Company and/or its Affiliates, and cause irreparable harm for which there is no adequate remedy at law. Further, because the Participant’s employment with the Employer is personal and unique, because damages alone would not be an adequate remedy and because of the Participant’s access to the Confidential Information, the Company and/or its Affiliates shall have the right to enforce this Section, including any of its provisions, by injunction, specific performance, or other equitable relief, without having to post bond or prove actual damages, and without prejudice to any other rights and remedies that the Company and/or its Affiliates may have for a breach of this Section, including, without limitation, money damages. The Participant agrees and acknowledges that notwithstanding the arbitration provisions in this Agreement, the Company may elect to file and pursue claims which arise from or relate to the Participant’s actual or threatened breaches of this Section in state or federal court of competent jurisdiction. The Participant shall be liable to pay all costs, including reasonable attorneys’ and experts’ fees and expenses, that the Company and/or its Affiliates may incur in enforcing or defending this Section, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Company and/or its Affiliates where the Company and/or its Affiliates succeed in enforcing any provision of this Section.

  • Termination Remedies In the event of any such material default under or material breach of the terms of this Lease by the Relevant Asset Owner, the Related Refinery Owner may, at the Related Refinery Owner’s option, at any time thereafter that such default or breach remains uncured, without further notice or demand:

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