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. If an Event of Default occurs, 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. District’s exclusive remedy hereunder is termination of this Agreement.
District’s Remedies. Pursuant to Section 1951.2 of the California Civil Code:
a) In the event that Lessee breaches this Agreement and abandons the property before the end of the Term hereof, or if Lessee's right to possession is terminated by District because of a breach of this Agreement, this Agreement terminates. Upon such termination, the District may recover from Lessee:
b) The "worth at the time of award" of the unpaid Rent which had been earned at the time of termination;
c) 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;
d) Any other amount necessary to compensate District for all the detriment proximately caused by Lessee's failure to perform its obligations under this Agreement, or which in the ordinary course of things would be likely to result therefrom.
e) Efforts by District to mitigate the damages caused by Lessee's breach of this Agreement do not waive District's right to recover damages pursuant to said Section 1951.2 and this Section 3.09.
f) Nothing in this Section 3.09 affects the right of District under this Agreement to indemnification for liability arising prior to the termination of this Agreement for personal injuries or property damage, as herein provided.
g) Notwithstanding the foregoing, in the event of Lessee's breach of this Agreement and abandonment of the Leased Premises, pursuant to Section 1951.4 of the California Civil Code, District may, at its sole option, elect to continue this Agreement and enforce all its rights and remedies herein against Lessee, including the right to recover the Rent as it becomes due.
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:
(a) Any amount necessary to compensate District for all the detriment approximately caused by Operator's failure to perform its obligations under this Agreement or which in the ordinary course of things would be likely to result therefrom; and
(b) At District's election, such other amount in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law.
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.
8.2.2 If, after Closing, TGV shall breach any of the terms or provisions of this Agreement and fail to cure such breach within ten (10) business days after receipt of written notice thereof given by District, or if it shall be determined that TGV breached any of the representations, warranties or covenants made by TGV at, or as of, the Closing, District may pursue specific performance or recover actual damages, District waives all other remedies.
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. If the Contractor fails to cure any default within thirty (30) days after the Contractor has received the above described notice declaring default, the District may: (1) cancel or terminate the Agreement in its entirety, or cancel or rescind any or all terms affected by such default, without further notice to Contractor; (2) procure transportation services elsewhere without notice to the Contractor, regardless of whether or not the Agreement is canceled in whole or part; (3) without terminating or canceling the Agreement, suspend the operation of the Agreement, provided that in the event of actual or threatened cessation or disruption of transportation services under this Agreement, or other emergency, suspension shall be effective immediately and the District shall not be required to give the thirty (30) day notice of default described above before exercising its suspension rights under this paragraph; otherwise, suspension will commence thirty (30) days after said notice unless the default is cured. The prices paid by the District at the time replacement or substitute services are procured shall be considered the prevailing market price. Suspension under this paragraph shall continue until the end of the then current school year or until the Contractor provides evidence satisfactory to the District that any and all defaults have been cured, whichever occurs first. During the period of suspension, the District shall have the right, independent of its rights under paragraph 36 herein, to enter, use and operate the District's transportation facilities described in paragraph
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. In the event Contractor is in default under Section 10.1, District may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, which include, without limitation:
11.1.1 Termination of this Agreement under Section XII;
11.1.2 Withholding all monies due for Work that Contractor is obligated but has failed to perform within thirty (30) days after District has notified Contractor of the nature of Contractor’s default;
