Certain Other Remedies. CATLLC may, in its sole discretion and upon written notice to CAT Reporting Agent, suspend performance of any or all of its services under this Agreement (including access to the CAT System) until and unless CATLLC determines, in its sole discretion and upon whatever conditions CATLLC chooses to impose on CAT Reporting Agent, to resume performance of some or all of the suspended services or allow CAT Reporting Agent access to the CAT System.
Certain Other Remedies. In the event of damage or destruction, Master Tenant shall have the further right (but not the obligation) to enter into possession of the Premises and perform any and all work and labor necessary to repair the Improvements. All amounts so expended by Master Tenant to the extent not covered by insurance proceeds shall be secured by a lien against the Premises. For purposes of fulfilling obligations under this Section 10.3, Landlord hereby constitutes and appoints (which appointment is coupled with an interest and is therefore irrevocable) Master Tenant as Landlord’s attorney‑in‑fact, with full power of substitution to complete the Improvements in the name of Landlord, and hereby empowers Master Tenant, acting as Landlord’s attorney‑in‑fact, as follows: (i) to use any funds of Landlord (or any sums which Landlord may be entitled to receive); (ii) to make such additions and changes and corrections in the plans which shall be necessary or desirable to complete the Improvements in the manner contemplated by the plans; (iii) to negotiate all necessary construction contracts; (iv) to employ such contractors, subcontractors, agents, design professionals and inspectors as shall be required for said purposes; (v) to pay, settle or compromise all existing bills and claims which are or may be liens against the Premises, or may be necessary or desirable for the completion of the work or the clearing of title; (vi) to execute all the applications and certificates in the name of Landlord which may be required by any construction contract; and (vii) to do any and every act with respect to the construction of the Improvements which Landlord could do in Landlord’s own behalf. Master Tenant, acting as Landlord’s attorney‑in‑fact, shall also have power to prosecute and defend all actions or proceedings in connection with the Premises and to take such action and require such performance as is deemed necessary.
Certain Other Remedies. In addition to the remedies contemplated above in this Article VIII, United shall be entitled to the following remedies:
Certain Other Remedies. Notwithstanding the terms of this Section 10.2 or any provision to the contrary in the Arbitration Rules, at any time before and after arbitration is initiated pursuant to the Arbitration Rules, the parties shall be free to apply to any court of competent jurisdiction for interim or conservatory measures (including temporary conservatory injunctions). The parties acknowledge and agree that any such action by a party shall not be deemed to be a breach of such party's obligation to arbitrate all disputes under this Section 10.2 or infringe upon the powers of any arbitrator. The parties hereby consent to the non-exclusive jurisdiction of the U.S. District Court for the District of Minnesota.
Certain Other Remedies. Notwithstanding the terms of this Section or any provision to the contrary in the Arbitration Rules, at any time before and after arbitration is initiated pursuant to the Arbitration Rules, the parties shall be free to apply to any court of competent jurisdiction for interim or conservatory measures (including temporary conservatory injunctions). The parties acknowledge and agree that any such action by a party shall not be deemed to be a breach of such party's obligation to arbitrate all disputes under this Section or infringe upon the powers of any arbitrator. The parties hereby consent to the non-exclusive jurisdiction of the U.S. District Court for the Northern District of Illinois.
Certain Other Remedies. If a court of competent jurisdiction determines that you materially have breached any of your obligations under this Agreement, in addition to any other legal or equitable remedies it may have for such breach, the Company shall have the right to terminate its payment or provision of Advisor Payments to you or for your benefit under this Agreement and/or require immediate repayment of any Advisor Payments already paid (including the fair market value of any shares issued upon settlement of RSUs or upon the exercise of Company stock options); provided that before seeking these remedies, the Company first must provide you with written notice detailing the alleged material breach and afford you at least fifteen (15) days to effect a cure, to the extent one is reasonably possible. The above remedies in the event of your breach will not (i) affect your continuing obligations under this Agreement, including your release of Claims under the Agreement, which release shall remain in full effect and (ii) limit the Company’s other rights and remedies.
Certain Other Remedies. If you breach any of your obligations under this Agreement, in addition to any other legal or equitable remedies it may have for such breach, the Company shall have the right to terminate your employment (if you are still employed by the Company at the applicable time), terminate its payment or provision of Advisor Payments to you or for your benefit under this Agreement and/or require immediate repayment of any Advisor Payments already paid (including the fair market value of any shares issued upon settlement of RSUs or upon the exercise of Company stock options). The above remedies in the event of your breach will not (i) affect your continuing obligations under this Agreement, including your release of Claims under the Agreement, which release shall remain in full effect and (ii) limit the Company’s other rights and remedies.
Certain Other Remedies. Administrative Agent shall have the right (to be exercised at the direction of the Majority Lenders after the occurrence of an Event of Default), and each Borrower hereby irrevocably designates and appoints Administrative Agent and its designees as the attorney in fact of such Borrower, with power of substitution (which appointment is coupled with an interest and irrevocable) and with power and authority in such Borrower’s name, Administrative Agent’s name, or otherwise and for the use and benefit of Administrative Agent (but at the cost and expense of such Borrower), and with or without notice to such Borrower (a) to notify account debtors obligated to make payments or other remittances on or with respect to any account, chattel paper or general intangible constituting the Collateral to make such payments and other remittances directly to Administrative Agent, (b) to demand, collect, give receipt for, give renewals, extensions, discharges and releases of, sxx for, take control of, compromise, settle, change the terms of, release, exchange, substitute, surrender, or otherwise deal with any such accounts, chattel paper or general intangibles or with any account debtor in respect thereof, and (c) to, at the cost and expense of such Borrower, make use of any place of business of such Borrower as may be necessary or desirable to administer, control, collect, sell or otherwise dispose of any of such accounts, chattel paper or general intangibles. Administrative Agent shall have the right (to be exercised at the direction of the Majority Lenders) to effect any offset against the Cash Deposit on behalf of anyone or more of the Lenders in respect of any and all indebtedness owing by anyone or more of the Borrowers to any of such Lenders.
Certain Other Remedies. Lender shall have the further right (but not the obligation), upon the happening of an Event of Default, in addition to any rights or remedies available to it under all other Loan Documents, to enter into possession of the Mortgaged Property and operate the Improvements. All amounts so expended by Lender shall be deemed to have been disbursed to Borrower as Loan proceeds and secured by the Lien Instrument.
Certain Other Remedies. (a) Nothing in this Agreement shall limit the right of a party to seek specific performance of this Agreement or of any contract, document or other instrument executed and delivered pursuant to this Agreement.
(b) Nothing in this Agreement shall limit the right of any Buyer Indemnified Party to pursue any remedies against (i) any LLC Owner with respect to such LLC Owner’s obligations in such LLC Owner’s Joinder Agreement or (ii) any LLC Owner or Selling Party for any breach by such LLC Owner or Selling Party of Section 5.8.
(c) For the avoidance of doubt, and notwithstanding Section 10.10, each Employment Agreement is a separate agreement among the LLC Owner party to such Employment Agreement and the other parties thereto, and nothing in this Agreement shall limit the rights and remedies of the parties to such Employment Agreement.
