District’s Remedies. The District may, upon default of the Purchaser, immediately suspend deliveries of Output to Purchaser and sell such Output to third parties and permanently retain funds received from such sales for the suspension period until the default is cured, or becomes an Event of Default. If the price received for the Output is less than the Contract Price as defined in Appendix A to the Collateral Annex, the Purchaser shall pay the District the difference. If an Event of Default by the Purchaser occurs, the District may elect to: (i) terminate some or all transactions between the Parties, including this Contract, other Slice Contracts and WSPP Transactions and calculate a Slice Termination Payment as set forth in Section 16 below and any termination payment and other payments due upon termination as described in this Contract and other terminated agreements or transactions; or (ii) seek specific performance or maintain successive proceedings for payment of amounts due. If the District chooses to terminate this Contract, the District may terminate all transactions between the Parties and payments due and owing or accrued shall be netted and set off. If the District terminates this Contract and (a) uses the Quotation Methodology in Section 16(b) to calculate the Slice Termination Payment, the District shall calculate and include in the net termination payment any gain or loss incurred for the period between the Event of Default and the first delivery date stated in the Replacement Slice Contract; or (b) uses the Alternative Determination Methodology in Section 16(c) to calculate the Slice Termination Payment, the District shall calculate and include any gain or loss incurred for the period between the Event of Default and the calculation date in the net termination payment. In either event (as described in (a) and (b) above), the gains or losses, will be calculated by comparing the Annual Contract Price to the Day Ahead Mid-C Peak Index Price and Day Ahead Mid-C Off-Peak Index Price for the respective hours. If the Day Ahead Mid-C Peak Index Price and Day Ahead Mid-C Off-Peak Index Price is no longer published or primarily utilized by the industry, the District will select another industry recognized index and notify Purchaser of the index to be used for this calculation. Payment of these amounts by Purchaser shall be subject to the provisions of Sections 5(c) and (g) and 16(h).
District’s Remedies. District’s exclusive remedy hereunder is termination of this Agreement.
District’s Remedies. In the event of a default by Customer, District shall have the following rights and remedies, in addition to any rights and remedies now or hereafter provided by law or District Enactments:
District’s Remedies. Pursuant to Section 1951.2 of the California Civil Code:
District’s Remedies. If an Event of Default occurs and is continuing, District shall have the following remedies in addition to all rights and remedies provided by law or equity to which District may resort cumulatively or in the alternative:
District’s Remedies. If the closing does not occur by reason of a breach of Seller, and the District has complied with the terms of this Agreement, the District may terminate this Agreement by written notice to Seller. In addition, the District shall have all remedies available at law or equity for such breach, including specific performance.
District’s Remedies. After an event of default occurs, PHSD may, at PHSD’s option, without further notice or demand, exercise any remedy available to it at law or in equity including the termination of this Agreement. The rights and remedies of PHSD under this Agreement and any others provided by law shall be construed as cumulative and no one of them is exclusive of any other right or remedy. Such rights and remedies shall further be continuing rights, none of which shall be exhausted by being exercised on one or more occasions.
District’s Remedies. 8.2.1 If, on or before Close of Escrow, TGV breaches any of the terms or provisions of this Agreement or otherwise defaults hereunder, and fails to cure such breach within ten (10) days following written notice thereof given by District to TGV, District may either (i) terminate this Agreement by written notice to TGV and to Escrow Agent; or (ii) waive such default and consummate the transaction contemplated hereby in accordance with the terms hereof. District hereby waives and covenants not to assert any right to seek or obtain monetary damages resulting from TGV’s breach.
District’s Remedies. (1) In the event of any material default by Operator, then in addition to any other remedies available to District at law or in equity, District shall have the immediate option to terminate this Agreement and all rights of Operator hereunder by giving written notice of such intention to terminate. In the event that District shall elect so to terminate this Agreement, then District may recover from Operator:
District’s Remedies. Upon the occurrence of an event of default hereunder, the District shall be entitled to protect and enforce the rights vested in the District by the Contract by appropriate judicial proceedings as the District may deem most effective or convenient, either in equity or law. The use by the District of any remedy specified herein for the enforcement of the Contract is not exclusive and shall not deprive the District of, or limit the application of, any other remedy provided hereunder or by law or by equity. Without limiting the generality of the foregoing, the District shall be entitled to pursue any of the following remedies:
