Common use of City’s Remedies Clause in Contracts

City’s Remedies. City shall have the following remedies upon Licensee's default, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. City may cure the default at Licensee's expense, by taking any action reasonably determined by Licensor to be necessary to correct such default, including without limitation making any repair or modification to or removing any of the Encroachments. Licensee shall reimburse Licensor for all costs it incurs to correct such default within thirty (30) calendar days after Licensor presents Licensee with a statement of such costs. Licensee hereby releases and agrees to indemnify, defend and hold harmless Licensor from all damages resulting to Licensee from the correction of such default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the Encroachments. ii. City may continue this License in full force and effect, in which case the License Fees shall be increased by 10% per month for each month during which the Default continues to exist. iii. City shall be entitled to recover from Licensee all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation. iv. City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy. v. Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Rate.

City’s Remedies. City shall have the following remedies upon Licensee's defaultDefault, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. a. City may cure the default Default at Licensee's expense, by taking any action reasonably determined by Licensor to be necessary to correct such defaultDefault, including without limitation making any repair or modification to or removing any of the EncroachmentsLicensed Improvements. Licensee shall reimburse Licensor for all costs it incurs to correct such default Default within thirty (30) calendar days after Licensor presents Licensee with a statement of such costs. Licensee hereby releases and agrees to indemnify, defend and hold harmless Licensor from all damages resulting to Licensee from the correction of such default Default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the EncroachmentsLicensed Improvements. ii. b. City may continue this License Agreement in full force and effect, in which case City may impose a License fee equal to double the License Fees shall be increased by 10% fees established in the Tempe City Code for similar encroachments per month for each month during which the Default continues to exist. iii. c. City shall be entitled to recover from Licensee all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation. iv. d. City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy. v. e. Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Rate.

City’s Remedies. City shall have ‌ In the following remedies upon Licensee's default, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. City may cure the default at Licensee's expense, by taking any action reasonably determined by Licensor to be necessary to correct such default, including without limitation making any repair or modification to or removing event of any of the Encroachments. Licensee shall reimburse Licensor for all costs it incurs to correct such foregoing events of default within of Concessionaire and following thirty (30) calendar days after Licensor presents Licensee days’ notice by City and Concessionaire’s failure to remedy, City, at its election, may exercise any one or more of the following options or remedies, the exercise of any of which will not be deemed to preclude the exercise of any other remedy herein listed or otherwise provided by statute or general law. Unless the default, stated in such notice, is by its nature curable and shall have been cured within such thirty (30) days. Nothing in this Section 12.02 shall be construed to grant a right to Concessionaire to cure a default, which by its nature is not capable of being cured. City remedies are as follows: 1. Allow this Agreement to continue in full force and effect and enforce City’s right to collect compensation as it becomes due together with past due interest and draw upon the Surety in any amount necessary to satisfy the damages sustained or reasonably expected from Concessionaire’s default. 2. Upon thirty (30) days’ notice terminate Concessionaire’s rights under this Agreement. This notice shall be final and shall at the option of City terminate all the rights hereunder of Concessionaire, and City may upon the date in the notice take possession of the Premises, and expel Concessionaire with or without process of law, without liability for trespass, and using such force as may be necessary, and without prejudice to any remedies for damages or breach. In doing so, City will not be deemed to have thereby accepted a statement surrender of such costs. Licensee hereby releases the Premises, and agrees Concessionaire will remain liable for all payments or other sums due under this Agreement up to indemnifyand including the date of termination, defend and hold harmless Licensor from for all damages resulting to Licensee from the correction suffered by City because of such default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal Concessionaire’s breach of any of the Encroachments. ii. City may continue covenants of this License in full force and effectAgreement, in which case the License Fees shall be increased by 10% per month for each month during which the Default continues to exist. iii. City shall be entitled to recover from Licensee all expenses, costs, fees and damages arising out of any Default, including, including but not limited to, cleanupall cost of reletting, repairreasonable attorney’s fees, repairs, and improvements; or 3. Treat this Agreement as remaining in existence, and reenter and take possession of the Premises and expel Concessionaire and those claiming through or under Concessionaire and remove the effects of as may be necessary with or without process of law, without liability for trespass, using such force as may be necessary, and without prejudice to any remedies for damages or breach. No such reentry shall be construed as an election on City’s part to terminate this Agreement. City reserves the right to terminate the Agreement at any time after reentry. Following reentry, City may relet the Premises, and make alterations, legal expenses (whether repairs, or improvements as City deems appropriate for reletting. City shall not suit is brought)be responsible for any failure to relet the Premises or any failure to collect compensation due for such reletting. City shall not be liable to Concessionaire for any claim for damages resulting from remedial action by City. Concessionaire shall continue to be liable for all amounts due as under this Agreement on the dates specified plus interest thereon at the Past Due Interest Rate together with such amounts as would be payable, including costs, attorney's fees, repairs, and costs and expenses improvements. No delay, failure, or omission of litigation. iv. City may also to re-enter the Premises or to exercise any other rights City may have at law or in equity. City may exercise any remedy without court actionright, power, privilege, or option arising from any default nor subsequent acceptance of fees or charges then or thereafter accrued will impair any such right, power, privilege, or option, or be construed to be a waiver of any such default or relinquishment, or acquiescence of the Premises. No option, right, power, remedy, or privilege of City will be construed as being exhausted or discharged by the exercise thereof in one or more court actionsinstances. It is agreed that each and all of the rights, powers, options, or remedies given to City by this Agreement are cumulative and in exercising any remedy may obtain partial relief without waiving its right to further relief. The that the exercise of any one right, power, option, or remedy by City shall will not waive City's right impair its rights to exercise any other remedy. v. Except as otherwise right, power, option, or remedy available under this Agreement or provided hereinby law. In the event, City shall also be entitled terminates this Agreement or reclaims the Premises under this Section 12.02, City has no liability to collect interest on Concessionaire for any unpaid sums due from the date due or the date advanced until paid at the Default RateUnamortized Investment.

City’s Remedies. City shall have the following remedies upon Licensee's default, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. City may cure the default at Licensee's expense, by taking any action reasonably determined by Licensor to be necessary to correct such default, including without limitation making any repair or modification to or removing any of the Encroachments. Licensee shall reimburse Licensor for all costs it incurs to correct such default within thirty (30) calendar days after Licensor presents Licensee with a statement of such costs. Licensee hereby releases and agrees to indemnify, defend and hold harmless Licensor from all damages resulting to Licensee from the correction of such default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the Encroachments. ii. City may continue this License in full force and effect, in which case the License Fees shall be increased by 10% per month for each month during which the Default continues to exist. iii. City shall be entitled to recover from Licensee all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation. iv. City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy. v. iv. Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Rate.

City’s Remedies. City shall have the following remedies upon Licensee's default, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. (i) City may cure the default at Licensee's expense, by taking any action reasonably determined by Licensor to be necessary to correct such default, including without limitation making any repair or modification to or removing any of the Encroachmentsnecessitated by Licensee’s breach. Licensee shall reimburse Licensor for all costs it incurs to correct such default within thirty (30) calendar days after Licensor presents Licensee with a statement of such costs. Licensee hereby releases and agrees to indemnify, defend and hold harmless Licensor from all damages resulting to Licensee from the correction of such default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the Encroachments20. (ii. City may continue this License in full force and effect, in which case the License Fees shall be increased by 10% per month for each month during which the Default continues to exist. iii. ) City shall be entitled to recover from Licensee all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation. iv. (iii) City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy. v. (iv) Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Raterate of 10% per annum, compounded daily.

City’s Remedies. If Mill Market is in default under this Agreement and the parties do not resolve the default pursuant to the nonbinding mediation described below, then the City shall have the right to terminate this Agreement immediately upon written notice to Mill Market and to pursue any other rights or remedies provided hereunder, at law or in equity. City shall have the following remedies upon Licensee's defaultremedies, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. a. City may cure the default at Licensee's Mill Market’s expense, by taking any action reasonably determined by Licensor City to be necessary to correct such default, including without limitation making any repair or modification to or removing trash or debris remaining after any of the EncroachmentsFarmers Market. Licensee Mill Market shall reimburse Licensor City for all costs it incurs to correct such default within thirty (30) calendar days after Licensor City presents Licensee Mill Market with a statement of such costs. Licensee Mill Market hereby releases and agrees to indemnify, defend and hold harmless Licensor City from all damages resulting to Licensee Mill Market from the correction of such default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the Encroachments3.2(a). ii. City may continue this License in full force and effect, in which case the License Fees shall be increased by 10% per month for each month during which the Default continues to exist. iii. b. City shall be entitled to recover from Licensee Mill Market all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation. iv. c. City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy. v. e. Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Raterate of 10% per annum.

City’s Remedies. City shall have the following remedies upon Licensee's defaultDefault, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. a. City may cure the default Default at Licensee's expense, by taking any action reasonably determined by Licensor to be necessary to correct such defaultDefault, including without limitation making any repair or modification to or removing any of the Encroachments. Licensee shall reimburse Licensor for all costs it incurs to correct such default Default within thirty (30) calendar days after Licensor presents Licensee with a statement of such costs. Licensee hereby releases and agrees to indemnify, defend and hold harmless Licensor from all damages resulting to Licensee from the correction of such default Default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the Encroachments. ii. b. City may continue this License in full force and effect, in which case the License Fees shall be increased by 10% per month for each month during which the Default continues to exist. iii. c. City shall be entitled to recover from Licensee all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation. iv. d. City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy. v. e. Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Rate.