Further action on part of Lessor Sample Clauses

Further action on part of Lessor. 10.8.1 If PPC is, pursuant to clause 10.7, entitled to give a notice of abandonment, the Lessor shall upon the request and at the cost of PPC promptly execute such documents as may be required to enable PPC to abandon the Haewene Brim Equipment to the insurers and/or claim a constructive total loss of the Haewene Brim Equipment and the Lessor shall, provided that the Lessor is secured to its reasonable satisfaction against its cost of so doing, give PPC all reasonable assistance in pursuing the said claim, provided that the Lessor may (taking into account paragraph (b) below) in its absolute discretion, refuse to permit PPC or any person claiming through PPC to pursue any such claim in the name of the Lessor or any other member of the Lessor's Group. 10.8.2 The Lessor shall, at the request of PPC, consult with PPC, for a period not exceeding thirty (30) days, in good faith if PPC or any person claiming through PPC requests permission to pursue any claim in the name of the Lessor or any other member of the Lessor's Group, provided that the Lessor shall be under no obligation and have no liability other than to the extent of its agreement to hold discussions with PPC as set out above.
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Further action on part of Lessor. (a) If the Lessee is, pursuant to Clause 10.7 above, entitled to give a notice of abandonment, the Lessor shall upon the request and at the cost of the Lessee promptly execute such documents as may be required to enable the Lessee to abandon the Vessel to the insurers and/or claim a constructive total loss of the Vessel and, subject to paragraph (c) below, the Lessor shall give the Lessee all reasonable assistance in pursuing the said claim, provided that the Lessor may, (taking into account paragraph (b) below) in its absolute discretion, refuse to permit the Lessee or any person claiming through the Lessee to pursue any such claim in the name of the Lessor or any other member of the Lessor's Group. (b) The Lessor shall, at the request of the Lessee consult with the Lessee for a period not exceeding thirty (30) days in good faith if the Lessee or any person claiming through the Lessee requests permission to pursue any claim in the name of the Lessor or any other member of the Lessor's Group provided that the Lessor shall be under no obligation and have no liability other than to the extent of its agreement to hold discussions with the Lessee as set out above. (c) The Lessee will indemnify the Lessor against all costs and expenses incurred by the Lessor in complying with this Clause 10.8. Such indemnity will initially be set at an interim maximum of Pounds-Sterling 50,000. The Lessor will notify the Lessee as soon as practicable after the Lessor has incurred costs and expenses of Pounds-Sterling 50,000. The Lessor will have no obligation to take any action which would incur further costs or expenses until all accrued costs and expenses have been paid and a further interim maximum liability is agreed.
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Further action on part of Lessor. (a) If the Lessee is, pursuant to Clause 10.7 above, entitled to give a notice of abandonment, the Lessor shall upon the request and at the cost of the Lessee promptly execute such documents as may be required to enable the Lessee to abandon the Vessel to the insurers and/or claim a constructive total loss of the Vessel and the Lessor shall, provided that the Lessor is indemnified to its reasonable satisfaction against its cost of so doing, give the Lessee all reasonable assistance in pursuing the said claim, provided that the Lessor may (taking into account paragraph (b) below) in its absolute discretion, refuse to permit the Lessee or any person claiming through the Lessee to pursue any such claim in the name of the Lessor or any other member of the Lessor's Group. (b) The Lessor shall, at the request of the Lessee consult with the Lessee for a period not exceeding thirty (30) days in good faith if the Lessee or any person claiming through the Lessee requests permission to pursue any claim in the name of the Lessor or any other member of the Lessor's Group provided that the Lessor shall be under no obligation and have no liability other than to the extent of its agreement to hold discussions with the Lessee as set out above.
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Related to Further action on part of Lessor

  • No Obligation to Mitigate Damages; No Effect on Other Contractual Rights (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise. (b) The provisions of this Agreement, and any payment provided for hereunder, shall not reduce any amounts otherwise payable, or in any way diminish the Executive's existing rights, or rights which would accrue solely as a result of the passage of time, under any benefit plan, incentive plan or stock option plan, employment agreement or other contract, plan or arrangement.

  • Action on Instructions of Lenders The Agent shall in all cases be fully protected in acting, or in refraining from acting, hereunder and under any other Loan Document in accordance with written instructions signed by the Required Lenders (or, when expressly required hereunder, all of the Lenders), and such instructions and any action taken or failure to act pursuant thereto shall be binding on all of the Lenders. The Lenders hereby acknowledge that the Agent shall be under no duty to take any discretionary action permitted to be taken by it pursuant to the provisions of this Agreement or any other Loan Document unless it shall be requested in writing to do so by the Required Lenders. The Agent shall be fully justified in failing or refusing to take any action hereunder and under any other Loan Document unless it shall first be indemnified to its satisfaction by the Lenders pro rata against any and all liability, cost and expense that it may incur by reason of taking or continuing to take any such action.

  • REMEDIES OF LESSOR At any time after the occurrence of any Event of Default, Lessor may exercise one or more of the following remedies: (a) Lessor may terminate any or all of the Leases with respect to any or all items of Equipment subject thereto; (b) Lessor may recover from Lessee all Rent and other amounts then due and to become due under any or all of the Leases; (c) Lessor may take possession of any or all items of Equipment, wherever the same may be located, without demand or notice, without any court order or other process of law and without liability to Lessee for any damages occasioned by such taking of possession, and any such taking of possession shall not constitute a termination of any Lease; (d) Lessor may demand that Lessee return any or all items of Equipment to Lessor in accordance with Paragraph 16; and (e) Lessor may pursue any other remedy available at law or in equity, including, without limitation, seeking damages, specific performance or an injunction. Upon repossession or return of any item of the Equipment, Lessor shall sell, lease or otherwise dispose of such item in a commercially reasonable manner, with or without notice and on public or private bid, and apply the net proceeds thereof (after deducting the estimated fair market value of such item at the expiration of the term of the applicable Lease, in the case of a sale, or the rents due for any period beyond the scheduled expiration of such Lease, in the case of any subsequent lease of such item, and all expenses, including, without limitation, reasonable attorneys' fees, incurred in connection therewith) towards the Rent and other amounts due under such Lease, with any excess net proceeds to be retained by Lessor. Each of the remedies under this Lease shall be cumulative, and not exclusive, and in addition to any other remedy referred to herein or otherwise available to Lessor in law or in equity. Any repossession or subsequent sale or lease by Lessor of any item of Equipment shall not bar an action for a deficiency as herein provided, and the bringing of an action or the entry of judgment against Lessee shall not bar Lessor's right to repossess any or all items of Equipment.

  • Powers and Remedies Cumulative; Delay or Omission Not Waiver of Default Except as provided in Section 5.6, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders of Securities or Coupons is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Trustee or of any Holder of Securities or Coupons to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and, subject to Section 5.6, every power and remedy given by this Indenture or by law to the Trustee or to the Holders of Securities or Coupons may be exercised from time to time, and as often as shall be deemed expedient, by the Trustee or by the Holders of Securities or Coupons.

  • Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies This Guaranty may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

  • Choice of Law; Submission to Jurisdiction This Agreement shall be subject to and governed by the laws of the State of Texas, excluding any conflicts-of-law rule or principle that might refer the construction or interpretation of this Agreement to the laws of another state. Each Party hereby submits to the jurisdiction of the state and federal courts in the State of Texas and to venue in Houston, Texas.

  • Choice of Law; Consent to Jurisdiction This Agreement shall be governed by and its provisions construed in accordance with the laws of the State of Delaware, as applied to contracts between Delaware residents entered into and to be performed entirely within Delaware, without regard to the conflict of law principles thereof. The Company and Indemnitee each hereby irrevocably consents to the jurisdiction of the courts of the State of Delaware for all purposes in connection with any Proceeding which arises out of or relates to this Agreement and agree that any action instituted under this Agreement shall be brought only in the state courts of the State of Delaware.

  • Conditions Precedent and Secured Party’s Rights and Remedies The following Termination Events will be a “Specified Condition” for the party specified (that party being the Affected Party if the Termination Event occurs with respect to that party): With respect to Party A: any Additional Termination Event with respect to which Party A is the sole Affected Party. With respect to Party B: None.

  • CHOICE OF LAW; CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL 15.1. CHOICE OF LAW. THE LOAN DOCUMENTS (OTHER THAN THOSE CONTAINING A CONTRARY EXPRESS CHOICE OF LAW PROVISION) SHALL BE CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF WISCONSIN, BUT GIVING EFFECT TO FEDERAL LAWS APPLICABLE TO NATIONAL BANKS.

  • Laws Applicable to Construction; Consent to Jurisdiction The interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Delaware without reference to principles of conflict of laws, as applied to contracts executed in and performed wholly within the State of Delaware. In addition to the terms and conditions set forth in this Agreement, the Restricted Stock Units are subject to the terms and conditions of the Plan, which is hereby incorporated by reference.

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