Host’s Remedies Sample Clauses

Host’s Remedies. Upon the occurrence of any System Owner Default and during its continuation beyond any applicable cure periods, Host may exercise one or more of the following remedies: (i) terminate this Agreement immediately upon a System Owner Default pursuant to Section 12.1(a)(i) or (ii) and with at least fifteen (15) days’ written notice upon a System Owner Default pursuant to Section 12.1(a)(iii); (ii) cease making Services Payments hereunder other than accrued and unpaid amounts for the period prior to the occurrence of such System Owner Default; (iii) coincident with its delivery of a notice of termination with respect to a System Owner Default under Section 12.1(a)(iii), elect to purchase the System pursuant to the requirements of Section 2.2 (provided, that the sixty (60) day period referenced in Section 2.2 shall be extended to the ninety (90) day period of the Financing Parties’ opportunity to cure such System Owner Default as set forth in the final paragraph of this Section 12.1(b)); and (iv) exercise any other remedy it may have at law or equity or under this Agreement, subject to the provisions of SECTION 13. Notwithstanding the foregoing, in the case of an System Owner Default, Host shall provide the Financing Parties (if any) with notice of such System Owner Default in accordance with the provisions of Section 16.3 and the Financing Parties, as applicable, shall have the right (but not the obligation) for ninety (90) days after receipt of such notice or after such Financing Parties have received actual notice of an System Owner Default either to cure the System Owner Default on behalf of System Owner, or, upon payment to Host of amounts due from System Owner but not paid by System Owner or upon performance of obligations of System Owner hereunder but not performed by System Owner, to assume, or cause their designee to assume, all of the rights and obligations of System Owner under this Agreement arising after the date of such assumption. In the event that any Financing Parties, as applicable, or a designee thereof, assumes this Agreement: (i) System Owner shall be released and discharged from any obligations to Host arising or accruing hereunder from and after the date of such assumption; (ii) Host shall continue this Agreement with such Financing Parties, as applicable, or a designee thereof, as the case may be, substituted in the place of System Owner hereunder; and (iii) if the assuming party is the Financing Party such party shall assume all of the ri...
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Host’s Remedies i. If a Provider Default described in Section 11.1(a)(i) or Section 11.1(a)(ii) has occurred, Host may terminate this Agreement without cost or liability, including, but not limited to, the Early Termination Fee (other than the payment of undisputed sums due and payable under the terms of this Agreement, prior to the termination thereof) and require Provider, upon notice of termination, to remove the System from the Property in compliance with the timeframe specified in Section 2.4 herein upon at least fifteen (15) days prior written notice to Provider; ii. If a Provider Default described in Section 11.1(a)(iii), Section 11.1(a)(iv) or Section 11.1(a)(v) has occurred and is continuing, Host may terminate this Agreement without cost or liability, including, but not limited to, the Early Termination Fee (other than the payment of undisputed sums due and payable under the terms of this Agreement, prior to the termination thereof) and require Provider, upon notice of termination, to remove the System from the applicable Property in compliance with the timeframe specified in Section 2.4 herein immediately upon the expiration of the respective grace periods set forth in such provisions; and iii. If a Provider Default described in Section 11.1(a) has occurred and is continuing, Host may exercise any other remedy it may have at law or equity or under this Agreement and require Provider to immediately remove the System from the Property in compliance with the timeframe specified in Section 2.4 herein.
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Host’s Remedies. Upon the occurrence of any Supplier Default and during its continuation beyond any applicable cure periods, Host may exercise one or more of the following remedies: (i) terminate this Agreement immediately upon a Supplier Default pursuant to Section 11.1.1 (a) and with at least fifteen (15) days’ written notice upon a Supplier Default pursuant to Section 11.1.1(b) or (c); (ii) cease making Supplier Services Payments hereunder other than accrued and unpaid amounts for the period prior to termination; (iii) coincident with its delivery of a notice of termination with respect to a Supplier Default under 11.1.1 (a) or (b), elect to acquire and take control and custody of the System at no cost; (iv) exercise any other remedy it may have under the Solar Lease Agreement; and (v) exercise any other remedy it may have at law or equity or under this Agreement.
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Host’s Remedies. If a Provider Default described in Section 11.1(a) has occurred and is continuing, Host may terminate this Agreement (upon the expiration of any applicable grace period) upon thirty (30) days’ prior written notice without penalty and without any obligation or liability of payment of any fees, charges or liquidated damages provided under this Agreement, such as the Early Termination Fee; or exercise any other remedy it may have at law or equity or under this Agreement, including but not limited to procuring substitute performance upon terms and in whatever manner Host may deem appropriate. Without limiting the generality of the foregoing, if a Provider Default described in Section 11.1(a)(i) or (ii) has occurred, Host shall be entitled to the payment by Provider of a sum in the amount of seventy-five percent (75%) of the Grant Award as liquidated damages and not as a penalty
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Host’s Remedies. If a Provider Event of Default has occurred and is continuing, Host may terminate this Agreement by written notice to Provider following the expiration of the applicab e cure period, and may exercise any other remedy it may have at law or equity.
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Related to Host’s Remedies

  • Additional Remedies Upon the occurrence and during the continuation of an Event of Default, Secured Party shall have the right and power to: (a) instruct Grantor, at its own expense, to notify any parties obligated on any of the Collateral, including any Account Grantors, to make payment directly to Secured Party of any amounts due or to become due thereunder, or Secured Party may directly notify such obligors of the security interest of Secured Party, and/or of the assignment to Secured Party of the Collateral and direct such obligors to make payment to Secured Party of any amounts due or to become due with respect thereto, and thereafter, collect any such amounts due on the Collateral directly from such Persons obligated thereon; (b) enforce collection of any of the Collateral, including any Accounts, by suit or otherwise, or make any compromise or settlement with respect to any of the Collateral, or surrender, release or exchange all or any part thereof, or compromise, extend or renew for any period (whether or not longer than the original period) any indebtedness thereunder; (c) take possession or control of any proceeds and products of any of the Collateral, including the proceeds of insurance thereon; (d) extend, renew or modify for one or more periods (whether or not longer than the original period) the Obligations or any obligation of any nature of any other obligor with respect to the Obligations; (e) grant releases, compromises or indulgences with respect to the Obligations, any extension or renewal of any of the Obligations, any security therefor, or to any other obligor with respect to the Obligations; (f) transfer the whole or any part of Capital Securities which may constitute Collateral into the name of Secured Party or Secured Party's nominee without disclosing, if Secured Party so desires, that such Capital Securities so transferred are subject to the security interest of Secured Party, and any corporation, association, or any of the managers or trustees of any trust issuing any of such Capital Securities, or any transfer agent, shall not be bound to inquire, in the event that Secured Party or such nominee makes any further transfer of such Capital Securities, or any portion thereof, as to whether Secured Party or such nominee has the right to make such further transfer, and shall not be liable for transferring the same; (g) vote the Collateral; (h) make an election with respect to the Collateral under Section 1111 of the Bankruptcy Code or take action under Section 364 or any other section of Bankruptcy Code; provided, however, that any such action of Secured Party as set forth herein shall not, in any manner whatsoever, impair or affect the liability of Grantor hereunder, nor prejudice, waive, nor be construed to impair, affect, prejudice or waive Secured Party's rights and remedies at law, in equity or by statute, nor release, discharge, nor be construed to release or discharge, Grantor, any guarantor or other Person liable to Secured Party for the Obligations; and (i) at any time, and from time to time, accept additions to, releases, reductions, exchanges or substitution of the Collateral, without in any way altering, impairing, diminishing or affecting the provisions of this Security Agreement, the Loan Documents, or any of the other Obligations, or Secured Party's rights hereunder, under the Obligations. Grantor hereby ratifies and confirms whatever Secured Party may do with respect to the Collateral and agrees that Secured Party shall not be liable for any error of judgment or mistakes of fact or law with respect to actions taken in connection with the Collateral other than as a result of intentional misconduct or gross negligence.

  • CUSTOMER REMEDIES 5.1. If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s), the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights to: 5.1.1. terminate the Agreement with immediate effect by giving written notice to the Supplier; 5.1.2. reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. These Terms shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. The Customer’s rights under the Agreement are in addition to its rights and remedies implied by statute and common law.

  • Breach; Remedies Failure of either party to perform any obligation of this Contract shall be deemed a breach. Except as otherwise provided for by law or this Contract, the rights and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including but not limited to actual damages, and to a prevailing party reasonable attorneys' fees and costs. It is specifically agreed that reasonable attorneys' fees shall not exceed $150.00 per hour.

  • Default Remedies (a) If an Event of Default (other than an insolvency Event of Default) has occurred and is continuing, the Lender, by notice to the Company, may declare the Loan Amount of this Note and all accrued interest thereon to be immediately due and payable, and upon any such declaration, such Loan Amount and accrued interest shall thereupon become due and payable immediately within five (5) business days from the Lender’s written request. In the event the Company fails to pay all outstanding Amounts within this five (5) business day period, the interest rate on the unpaid and outstanding Loan Amount of this Note shall be increased to, and this Note shall bear interest at, a monthly rate equal to one and a half percent (1.5%) or to the maximum rate permitted by law (the "Default Rate") from the expiration of the five (5) business day period until such unpaid and outstanding Loan Amount of this Note is repaid in full. If an insolvency Event of Default has occurred, the Loan Amount of this Note and accrued Interest thereon will become immediately due and payable without any declaration or any act on the part of any Lender. Such declaration of acceleration may be rescinded and past defaults may be waived by the Lender. (b) No course of dealing or delay or failure on the part of the Lender to exercise any right under this Section shall operate as a waiver of such right or otherwise prejudice the Lender’s rights, powers and remedies. The Company will pay or reimburse the Lender, to the extent permitted by law, for all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, incurred by the Lender in collecting any sums due on this Note or in otherwise enforcing any of the Lender's rights hereunder. (c) No right or remedy herein conferred upon the Lender is intended to be exclusive of any other right or remedy contained herein or existing at law, in equity, by statute or otherwise, and every such right or remedy shall be cumulative and shall be in addition to every other such right or remedy contained herein and therein or now or hereafter existing at law, in equity, by statute or otherwise.

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