Current Construction Schedule; Exclusive Remedies Sample Clauses

Current Construction Schedule; Exclusive Remedies. The Initial Work will be completed on or before March 1, 2016, as such date may be extended by the number of days that Landlord is delayed in the performance of the Initial Work by Landlord’s Force Majeure and/or any Tenant Delays (the “Initial Work Completion Date”). The Interim Completion Elements will be completed on or before June 1, 2016 as such date may be extended by the number of days that Landlord is delayed in the performance of the Interim Completion Elements by Landlord’s Force Majeure and/or any Tenant Delays (the “Interim Conditions Completion Date”). The Essential Base Building Work will be substantially completed on or before August 1, 2016, as such date may be extended by the number of days that Landlord is delayed in the performance of the Essential Base Building Work by Landlord’s Force Majeure and/or any Tenant Delays. The Initial Work Completion Date, the Interim Conditions Completion Date and the Substantial Completion Date may be referred to herein as the “Milestone Dates” and are more particularly set forth on Schedule 6 attached hereto. Landlord shall provide Tenant with notice within a reasonable period after Landlord has knowledge that Landlord will not satisfy one or more of the Milestone Dates. Landlord shall use reasonable speed and diligence to achieve such the foregoing Milestone Dates; provided, however, except as expressly provided in this Exhibit B, the failure of Landlord to satisfy the Milestone Dates shall in no way affect the validity of this Lease or the obligations of Tenant hereunder and the sole and exclusive cure rights and remedies available to Tenant for any delay by Landlord in the Substantial Completion of the Landlord’s Work or any of the Milestone Dates shall be the rights and remedies set forth in Section l.1(A)(2) and Section 1.1(A)(3) below (collectively, the “Remedies”). Any notice or cure period set forth in the Lease (other than in this Section 1.1) that may be generally applicable to Landlord’s and Tenant’s respective obligations under this Lease shall not apply to the obligations and time periods set forth in this Section 1.1. Time is of the essence with respect to all dates and time periods set forth in this Section 1.1.
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Related to Current Construction Schedule; Exclusive Remedies

  • Non-Exclusive Remedies The remedies provided for in this Section 7 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any Indemnified Person at law or in equity.

  • Release; Exclusive Remedy (a) This Section 5.4 shall apply notwithstanding anything else contained in this Agreement or any stock option or other equity-based award agreement to the contrary. As a condition precedent to any Company obligation to the Executive pursuant to Sections 5.3(b) or (c), the Executive shall, upon or promptly following his or her last day of employment with the Company (and in any event within twenty-one (21) days following the Executive’s last day of employment), execute a general release agreement in substantially the form of Exhibit A (with such amendments that may be necessary to ensure the release is enforceable to the fullest extent permissible under then applicable law), and such release agreement shall have not been revoked by the Executive pursuant to any revocation rights afforded by applicable law.

  • Exclusive Remedies Subject to Section 10.13, the Parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from fraud, criminal activity or intentional misconduct on the part of a Party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in Article VI and this Article VIII. In furtherance of the foregoing, each Party hereby waives, to the fullest extent permitted under Law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other Parties hereto and their Affiliates and each of their respective Representatives arising under or based upon any Law, except pursuant to the indemnification provisions set forth in Article VI and this Article VIII. Nothing in this Section 8.9 shall limit any Person’s right to seek and obtain any equitable relief to which any Person shall be entitled or to seek any remedy on account of any Party’s fraudulent, criminal or intentional misconduct.

  • Waivers, Non-Exclusive Remedies No failure on the part of Agent or any Lender to exercise, and no delay in exercising and no course of dealing with respect to, any right under this Agreement or the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise by Agent or any Lender of any right under this Agreement or any other Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights in this Agreement and the other Loan Documents are cumulative and shall in no way limit any other remedies provided by law.

  • Non-exclusive Remedy; Survival The indemnification and contribution provided for under this Agreement shall be in addition to any other rights to indemnification or contribution that any indemnified party may have pursuant to law or contract and shall remain in full force and effect regardless of any investigation made by or on behalf of the indemnified party or any officer, director or controlling Person of such indemnified party and shall survive the transfer of Registrable Securities and the termination or expiration of this Agreement.

  • Non-Exclusive Remedy Notwithstanding anything herein to the contrary, termination of this Agreement by a Party shall be without prejudice to other remedies such Party may have at law or equity.

  • Exclusive Remedy The foregoing payments upon termination or resignation of the Executive’s employment shall constitute the exclusive severance payments due the Executive upon a termination or resignation of Executive’s employment under this Employment Agreement.

  • No Waivers; Non-Exclusive Remedies No failure by any Agent or any Lender to exercise, no course of dealing with respect to, and no delay in exercising any right, power or privilege hereunder or under any Note or other Loan Document shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided herein and in the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

  • Indemnification Exclusive Remedy In the absence of fraud, and -------------------------------- except for non-monetary equitable relief, if the Closing occurs, indemnification pursuant to the provisions of this Article 10 shall be the sole and exclusive remedy of the parties for any breach of any representation or warranty contained in this Agreement.

  • WAIVER AND CUMULATIVE REMEDIES One or more waivers by Landlord or Tenant of any breach of any term, covenant or condition contained in this Lease shall not be a waiver of any subsequent breach of the same or any other term, covenant or condition. Consent to any act by one of the parties shall not be deemed to render unnecessary the obtaining of that party's consent to any subsequent act. No breach by Tenant of this Lease shall be deemed to have been waived by Landlord unless the waiver is in a writing signed by Landlord. The rights and remedies of Landlord under this Lease shall be cumulative and in addition to any and all other rights and remedies which Landlord may have.

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