Licensor Remedies Sample Clauses

Licensor Remedies. In the event of a Default, Licensor shall have the right to exercise all of its available rights and remedies at law and in equity. Without limiting any other right or remedy available to Licensor, Licensor, at its sole election, shall have the right to (a) terminate this Agreement (and any Addenda. Order Forms and/or any other agreement between Customer and Licensor), and (b) require that Customer pay to Licensor, within ten (10) days of Licensor’s delivery• of its notice of such election, an amount equal to one-hundred percent (100%) of the Service Fees, License Fees and all other amounts payable for all of the remaining applicable term of this Agreement. All rights and remedies of Licensor shall be cumulative and not alternative and shall be in addition to all rights and remedies given to Licensor by law or at equity, and the exercise of one or more rights or remedies shall not impair Licensor’s right to exercise any other right or remedy. If Customer fails to perform any act to be performed under this Agreement. Licensor may, but shall not be obligated to, without waiving or releasing Customer from any obligations of Customer, perform such act on Customer’s part. All sums so paid by Licensor shall be paid to Licensor by Customer within thirty (30) days after demand.
AutoNDA by SimpleDocs
Licensor Remedies. All remedies in the Agreement are cumulative. Licensee agrees that monetary damages alone may not be an adequate remedy for material breach of the license restrictions or confidentiality provisions of this Agreement and that BrightWork will be entitled to apply for injunctive relief in case of breach of such provisions.
Licensor Remedies. Upon a default hereunder, should Licensee fail within the time period, if any, specified in Paragraph 21.1 to fully cure such default, then without limiting Licensor in the exercise of any other right or remedy at law or in equity which Licensor may have (all remedies provided herein being non-exclusive and cumulative), Licensor may do any one or more of the following :
Licensor Remedies. A. Licensor may demand any money due and owning to it under this Agreement defined as Implementation and development fees, support and maintenance fees and time and material charges.
Licensor Remedies. A. Licensor may demand any money due and owning to it under this Agreement.
Licensor Remedies. [Confidential treatment has been requested]
Licensor Remedies. In the event of a Default, Licensor shall have the right to exercise all of its available rights and remedies at law and in equity. Without limiting any other right or remedy available to Licensor, Licensor, at its sole election, shall have the right to (a) terminate this Agreement (or any Addenda, Order Forms and/or any other agreement between Customer and Licensor), and (b) require that Customer pay to Licensor, as additional damages, within ten (10) days of Licensor's delivery of its notice of such election: (i) an amount equal to the total of any and all discounts given Customer in connection with this Agreement, and (ii) since the contract damages suffered by Licensor would be extremely difficult, if not impossible, to determine, an amount equal to one-hundred percent (100%) of the Service Fees, License Fees and all other amounts payable for all of the remaining applicable term of this Agreement (and Customer acknowledges that the same is not deemed a penalty). These damages shall be in addition to all of Licensor's other rights and remedies. All rights, powers and remedies of Licensor under this Agreement and under any other agreement now or hereafter in force between Licensor and Customer shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to Licensor by law, and the exercise of one or more rights or remedies shall not impair Licensor's right to exercise any other right or remedy. Customer understands and agrees that in the event of any breach of this Agreement by Customer, Licensor may be irreparably and immediately harmed; accordingly, Licensor, in addition to all other rights and remedies, shall be entitled to seek injunctive relief to prevent breaches of this Agreement and/or specific performance to compel compliance with this Agreement.
AutoNDA by SimpleDocs
Licensor Remedies. 14.1. If the Master Licensee breaches any of its obligations hereunder, the Licensor shall be entitled to seek equitable relief to protect their interests herein and in the Software including but not limited to injunctive or other equitable relief, it being acknowledged by the Master Licensee that the Licensor would suffer irreparable harm and that damages do not form an adequate remedy.
Licensor Remedies 

Related to Licensor Remedies

  • UCC Remedies (a) Upon the occurrence of and during the continuance of an Event of Default under this Agreement or the other Financing Documents, Agent, in addition to all other rights, options, and remedies granted to Agent under this Agreement or at law or in equity, may exercise, either directly or through one or more assignees or designees, all rights and remedies granted to it under all Financing Documents and under the UCC in effect in the applicable jurisdiction(s) and under any other applicable law; including, without limitation:

  • Specific Remedies Upon the occurrence of any Event of Default:

  • Waiver; Remedies No failure on the part of Purchaser to exercise, and no delay in exercising, any right under this Guaranty shall operate as a waiver, nor shall any single or partial exercise of any right under this Guaranty preclude any other or further exercise of any other right. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or equity. In the event that Merchant fails to perform any obligation under the Agreement, Purchaser may enforce its rights under this Guaranty without first seeking to obtain performance for such default from Merchant or any other guarantor.

  • Other Remedies Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

  • Breach; Remedies Notwithstanding anything to the contrary in this Agreement, the Participant agrees and acknowledges that the breach of this Section would cause substantial loss to the goodwill of the Company and/or its Affiliates, and cause irreparable harm for which there is no adequate remedy at law. Further, because the Participant’s employment with the Employer is personal and unique, because damages alone would not be an adequate remedy and because of the Participant’s access to the Confidential Information, the Company and/or its Affiliates shall have the right to enforce this Section, including any of its provisions, by injunction, specific performance, or other equitable relief, without having to post bond or prove actual damages, and without prejudice to any other rights and remedies that the Company and/or its Affiliates may have for a breach of this Section, including, without limitation, money damages. The Participant agrees and acknowledges that notwithstanding the arbitration provisions in this Agreement, the Company may elect to file and pursue claims which arise from or relate to the Participant’s actual or threatened breaches of this Section in state or federal court of competent jurisdiction. The Participant shall be liable to pay all costs, including reasonable attorneys’ and experts’ fees and expenses, that the Company and/or its Affiliates may incur in enforcing or defending this Section, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Company and/or its Affiliates where the Company and/or its Affiliates succeed in enforcing any provision of this Section.

  • Default Remedies Any one of the following occurrences shall constitute an ----------------- "EVENT OF DEFAULT" under this Note: (i) failure by the Maker to make any payment of principal or interest when the same becomes due and payable, said failure continuing for thirty (30) days or more; or (ii) if Maker shall fail to pay its debts, make an assignment for the benefit of its creditors, or shall commit an act of bankruptcy, or shall admit in writing its inability to pay its debts as they become due, or shall seek a composition, readjustment, arrangement, liquidation, dissolution or insolvency proceeding under any present or future statute or law, or shall file a petition under any chapter of federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing, or shall become "insolvent" as that term is generally defined under the Federal Bankruptcy Code, or shall in any involuntary bankruptcy case commenced against it file an answer admitting insolvency or inability to pay its debts as they become due, or shall fail to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or be the subject of an order for relief in such bankruptcy case, or to be adjudged a bankruptcy or insolvent, or shall have a custodian, trustee or receiver appointed for, or have any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution or liquidation, and such custodian, trustee, liquidator or receiver shall not be discharged, or such jurisdiction shall not be relinquished, vacated or stayed within sixty (60) days of the appointment. Upon occurrence of an Event of Default hereunder, the entire outstanding principal balance and any unpaid interest then accrued under this Note, shall at the option of the Payee hereof and without demand or notice of any kind to the undersigned or any other person (including, but not limited to, any guarantor now or hereafter existing), immediately become and be due and payable in full. In such event, Payee shall have and may exercise any and all rights and remedies available at law or in equity.

  • Acceleration; Remedies Upon the occurrence and during the continuance of an Event of Default, then, and in any such event, (a) if such event is a Bankruptcy Event, automatically the Commitments shall immediately terminate and the Loans (with accrued interest thereon), and all other amounts under the Credit Documents (including, without limitation, the maximum amount of all contingent liabilities under Letters of Credit) shall immediately become due and payable, and (b) if such event is any other Event of Default, any or all of the following actions may be taken: (i) with the written consent of the Required Lenders, the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, declare the Commitments to be terminated forthwith, whereupon the Commitments shall immediately terminate; (ii) the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, declare the Loans (with accrued interest thereon) and all other amounts owing under this Agreement and the Notes to be due and payable forthwith and direct the Borrower to pay to the Administrative Agent cash collateral as security for the LOC Obligations for subsequent drawings under then outstanding Letters of Credit an amount equal to the maximum amount of which may be drawn under Letters of Credit then outstanding, whereupon the same shall immediately become due and payable; and/or (iii) with the written consent of the Required Lenders, the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, exercise such other rights and remedies as provided under the Credit Documents and under applicable law.

  • Additional Remedies The rights, powers and remedies given to Bank hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to Bank by law against Borrower or any other person, including but not limited to Bank's rights of setoff or banker's lien.

  • Default Breach Remedies Notwithstanding anything to the contrary contained in Paragraph 13.1 or elsewhere in the Lease:

  • No Waiver; Remedies No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!