County’s Remedies. If an Event of Default occurs and is continuing, County shall have the following remedies in addition to all rights and remedies provided by law or equity to which County may resort cumulatively or in the alternative:
County’s Remedies.
a. The remedies set forth in this section shall be in addition to all other remedies that County may have in the event of breach of this Lease by Lessee, and nothing herein contained shall be construed to limit County's right to pursue the same, whether in law or in equity.
b. Pursuant to Section 1951.2 of the California Civil Code:
(1) In the event that Lessee breaches this Lease and abandons the property before the end of the Term hereof, or if Lessee's right to possession is terminated by County because of a breach of this Lease, this Lease terminates. Upon such termination, the County may recover from Lessee:
(a) the worth at the time of award of the unpaid Rent that had been earned at the time of termination;
(b) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided;
(c) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term hereof after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided; and
(d) any other amount necessary to compensate County for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease, or which in the ordinary course of things would be likely to result therefrom.
(2) The "worth at the time of award" of the amounts referred to in Subsections b(1)(a) and (b) of this section is computed by allowing interest at the rate of 10%. The "worth at the time of award" of the amount referred to in Subsection b(1)(c) of this section is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1 percent.
(3) Damages which County may recover pursuant to Subsection b(1)(c) of this section include the "worth at the time of award" of the amount by which the unpaid Rent for the balance of the Term hereof exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided; or County may recover damages pursuant to Subsection b(1)(c) of this section in the event that County relets the Premises prior to the time of award and proves that in reletting the property it acted reasonably and in a good-faith effort to mitigate the damages.
(4) Efforts by County to mitigate the damages caused by Lessee's breach of this Lease do not waive Cou...
County’s Remedies. If the State is in breach of any provision of this Agreement and does not cure such breach, County, following the notice and cure period in §11 and the dispute resolution process in §14, shall have all remedies available at law and equity.
County’s Remedies. If conditions or circumstances, constituting a Default as set forth in Section G exist, County shall have all rights and remedies available at law in equity under the Agreement, specifically including the right to terminate the Agreement, the right to pursue Contractor for damages and the right of Emergency take-over as set forth in Section K. All County's remedies shall be accumulative and shall be in addition to any other remedy available to the County.
County’s Remedies. In the event Contractor is in default under Section 11.1, County may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, which include, without limitation:
12.1.1 termination of this Contract under Section 13.2;
12.1.2 withholding all monies due for Services that Contractor is obligated but has failed to perform within thirty (30) days after County has notified Contractor of the nature of Contractor’s default;
12.1.3 with respect to Software and Services for which County has paid before Acceptance, returning the Software to Contractor for which County has paid in exchange for a return of all moneys previously paid for such Software and Services, and
12.1.4 initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief;
12.1.5 exercise of its right of setoff.
County’s Remedies. In the event of any default by District as described in Section 17 above, subject to all applicable laws that may restrict remedies against a school district, including, but not limited to, restrictions within the California Education Code, County's may, in addition to any other rights or remedies at law or in equity, terminate this Agreement.
County’s Remedies. In the event of any of the foregoing Events of Default of Tenant and following thirty (30) days’ notice by County and Tenant’s failure to remedy, County, 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. County’s remedies are as follows:
1. Allow this Lease to continue in full force and effect and enforce County’s right to collect Concession Space Rent and/or Additional Rent 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 Tenant’s default.
2. Upon thirty (30) days’ notice terminate Tenant’s rights under this Lease. This notice shall be final and shall at the option of County terminate all the rights hereunder of Tenant, and County may upon the date in the notice take possession of the Leased Premises, and expel Tenant 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, County will not be deemed to have thereby accepted a surrender of the Leased Premises, and Xxxxxx will remain liable for all payments or other sums due under this Lease up to and including the date of termination, and for all damages suffered by County because of Tenant’s breach of any of the covenants of this Lease, including but not limited to, all cost of reletting, reasonable attorney’s fees, repairs, and improvements. No delay, failure, or omission of County to re-enter the Leased Premises or to exercise any right, 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 Leased Premises. No option, right, power, remedy, or privilege of County will be construed as being exhausted or discharged by the exercise thereof in one or more instances. It is agreed that each and all of the rights, powers, options, or remedies given to County by this Lease are cumulative and that the exercise of one right, power, option, or remedy by County will not impair its rights to any other right, power, option, or remedy available under this Lease or provided by law. In th...
County’s Remedies. If Contractor is in breach under any provision of this Contract and fails to cure such breach, the County, following the notice and cure period set forth in Section 20, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Contract or at law. The County may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively.
County’s Remedies. If Contractor is in breach, then in addition to the remedies afforded elsewhere in this Contract, County shall be entitled to recover any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages. County may, at Department’s option, pursue any or all of the remedies available under this Contract and at law or in equity, including, but not limited to:
i. Termination of this Contract;
(1) Withholding payment of all amounts in Contractor’s invoices for Services that Contractor is obligated to but has failed to deliver or perform within any scheduled completion dates or has performed inadequately or defectively;
(2) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; or
(3) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor in an amount equal to County’s setoff right, without penalty.
(4) These remedies are cumulative to the extent the remedies are not inconsistent, and County may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If it is determined for any reason that Contractor was not in breach, the rights and obligations of the parties shall be the same as if this Contract was terminated pursuant to section 7.
County’s Remedies. In the event of a conflict between the Rules and Regulations and this Lease, the Lease is controlling.
