Collection and Enforcement Efforts Sample Clauses

Collection and Enforcement Efforts. Landlord acknowledges and agrees that Tenant shall have no obligation or responsibility to enforce the terms of the Sublease against Passport or to take enforcement action to collect from Passport any delinquent payments of Base Rent and/or Sublessee's Proportionate Share of Operating Expenses due under the Sublease. In the event Passport fails to pay any Base Rent or Sublessee's Proportionate Share of Operating Expenses due under the Sublease (or any other payments due under the Sublease) on the date such payment is due, then Tenant shall promptly notify Landlord in writing that such payment is delinquent and stating the amount of such delinquent payment. The foregoing notwithstanding, in the event of a default by Passport under the Sublease with respect to any performance obligations, Landlord shall not require performance thereof by Tenant under the Lease. Landlord shall have the right to seek to enforce such performance obligations on Tenant's behalf. Landlord may elect in its sole discretion, as managing agent for Tenant, to enforce the Sublease against Passport as provided below and take all reasonable and necessary steps to collect any delinquent payments owing by Passport under the Sublease (including, without limitation, the limitation of an unlawful detainer action to recover possession). In such event, Landlord shall indemnify and hold harmless Tenant against any claims by Passport directly arising out of the manner in which Landlord enforced the Sublease. Such indemnification and hold harmless obligation shall not extend to or cover any claims by Passport arising out of, or related to, any breach or alleged breach of the Sublease by Tenant. In the event it is necessary that collection and enforcement efforts against Passport include the institution of an unlawful detainer action to recover possession of the Sublease Premises from Passport, Landlord may initiate such action against Passport on behalf of Tenant and Landlord shall be responsible for the cost thereof. Landlord shall be entitled to take all reasonable action to collect from Passport all payments of Base Rent and Sublessee's Proportionate Share of Operating Expenses due under the Sublease and apply such payments to sums due under the Lease by Tenant.
Sample 1
AutoNDA by SimpleDocs

Related to Collection and Enforcement Efforts

  • Authorization and Enforcement The Company has the requisite corporate power and authority to enter into and to consummate the transactions contemplated by this Agreement and otherwise to carry out its obligations hereunder. The execution and delivery of this Agreement by the Company and the consummation by it of the transactions contemplated hereby have been duly authorized by all necessary action on the part of the Company and no further action is required by the Company, the Board or the Company’s stockholders in connection herewith other than in connection with the Required Approvals. This Agreement has been duly executed and delivered by the Company and, when delivered in accordance with the terms hereof, will constitute the valid and binding obligation of the Company enforceable against the Company in accordance with its terms, except (i) as limited by general equitable principles and applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies and (iii) insofar as indemnification and contribution provisions may be limited by applicable law.

  • Construction and Enforcement This Agreement shall be construed in accordance with the laws of the State of Florida, without and application of the principles of conflicts of laws. If it becomes necessary for any party to institute legal action to enforce the terms and conditions of this Agreement, and such legal action results in a final judgment in favor of such party ("Prevailing Party"), then the party or parties against whom said final judgment is obtained shall reimburse the Prevailing Party for all direct, indirect or incidental expenses incurred, including, but not limited to, all attorney's fees, court costs and other expenses incurred throughout all negotiations, trials or appeals undertaken in order to enforce the Prevailing Party's rights hereunder. Any suit, action or proceeding with respect to this Agreement shall be brought in the state or federal courts located in St. Lucie County in the State of Florida. The parties hereto hereby accept the exclusive jurisdiction and venue of those courts for the purpose of any such suit, action or proceeding. The parties hereto hereby irrevocably waive, to the fullest extent permitted by law, any objection that any of them may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any judgment entered by any court in respect thereof brought in St. Lucie County, Florida, and hereby further irrevocably waive any claim that any suit, action or proceeding brought in St. Lucie County, Florida, has been brought in an inconvenient forum.

  • Authorization and Enforcement of Obligations Such party (a) has the corporate power and authority and the legal right to enter into this Agreement and to perform its obligations hereunder, and (b) has taken all necessary corporate action on its part to authorize the execution and delivery of this Agreement and the performance of its obligations hereunder. This Agreement has been duly executed and delivered on behalf of such party, and constitutes a legal, valid, binding obligation, enforceable against such party in accordance with its terms.

  • Patent Prosecution and Enforcement There are no provisions in such related license agreement concerning the prosecution, maintenance, enforcement or defense with respect to the Licensed Patents.

  • Remedies and Enforcement A. Executive acknowledges and agrees that the Company's remedy at law for a breach of any of the provisions of Section 7 herein would be inadequate and the breach shall be per se deemed as causing irreparable harm to the Company. In recognition of this fact, in the event of a breach by Executive of any of the provisions of Section 7, Executive agrees that, in addition to any remedy at law available to the Company, including, but not limited to monetary damages, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available to the Company.

  • Default and Enforcement If any Guarantor fails to pay in accordance with Section 11.07 hereof, the Trustee may proceed in its name as trustee hereunder in the enforcement of the Note Guarantee of any such Guarantor and such Guarantor’s obligations thereunder and hereunder by any remedy provided by law, whether by legal proceedings or otherwise, and to recover from such Guarantor the obligations.

  • Patent Enforcement (a) If either Party learns of an infringement, unauthorized use, misappropriation or ownership claim or threatened infringement or other such claim (any of the foregoing, an “infringement”) by a Third Party with respect to any Licensed Technology within the Territory, such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such infringement.

  • Governing law and enforcement (a) The choice of English law as the governing law of the Finance Documents will be recognised and enforced in its jurisdiction of incorporation.

  • Specific Enforcement Each party hereto acknowledges that the remedies at law of the other parties for a breach or threatened breach of this Agreement would be inadequate and, in recognition of this fact, any party to this Agreement, without posting any bond, and in addition to all other remedies that may be available, shall be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy that may then be available.

Time is Money Join Law Insider Premium to draft better contracts faster.