Licensor’s Remedies. Failure by Licensor to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such default.
(a) In the event that Licensor shall obtain possession by reentry, summary proceedings, legal or equitable actions or proceedings or other lawful measures as a result of any Default by Licensee, Licensee agrees to pay to Licensor all reasonable and ordinary legal expenses incurred by Licensor in obtaining possession of the Licensed Premises and the usual and ordinary commissions for re-letting the same for any term not extending beyond the term of this License. Licensee further agrees in such event to remain liable for and to pay all License Fees and other sums herein reserved, less the net amount of License Fees which shall be collected and received by Licensor from the Licensed Premises, for and during the balance of the term of this License. If Licensor does not re-let the Licensed Premises, Licensor may elect to recover, as liquidated damages and not as a penalty, an amount equal to the License Fees provided herein to be paid by Licensee to Licensor for the remainder of the term of this License, less the fair rental value of the Licensed Premises for said period.
(b) Licensor may terminate this License as to such location upon ten (10) days written notice, in which event Licensee shall immediately surrender the Licensed Premises to Licensor. If Licensee fails to do so, Licensor may, without prejudice to any other remedy which Licensor may have for possession or arrearages in License Fees (including any interest which may have accrued pursuant to Article III of this License), enter upon and take possession of the Licensed Premises. In addition, Licensee agrees to pay to Licensor on demand the amount of all loss and damage which Licensor may suffer by reason of any termination effected pursuant to this Subsection. Licensee hereby waives any statutory requirement of prior written notice for filing eviction or damage suits for nonpayment of License Fees. Licensee hereby waives any claim that may arise against Licensor as a consequence of Licensor's re-entry. In addition, Licensor may choose to terminate either a specific location or the entire License agreement at Licensor's sole discretion. Terminating one location does not mean all locations are automatically terminated.
(c) When Licensor desires, Licensor may demand a final settlement. Upon demand for a final settlement, Licensor sha...
Licensor’s Remedies. In the event of any such default by Licensee, Licensor may at any time after expiration of the applicable cure period:
(i) terminate this Agreement and Licensee’s right to occupancy of the Premises by any lawful means, in which case Licensee shall vacate the Premises within a reasonably practical period of time thereafter. In such event, Licensor shall be entitled to recover from Licensee all reasonable damages incurred by Licensor by reason of Licensee’s default;
(ii) maintain Licensee’s right to occupancy in which case this Agreement shall continue in effect. In such event, Licensor shall be entitled to enforce all of Licensor’s rights and remedies under this Agreement, including the right to recover the Fees due hereunder; or
(iii) pursue any other remedy now or hereafter available to Licensor under the laws or judicial decisions of the state where the Premises are located. Unpaid installments of Base Annual Fee and Additional Fees and other unpaid monetary obligations of Licensee under the terms, covenants or conditions of this Agreement shall bear interest from the date due at the maximum rate then allowable by law. In the case of Licensee’s default as contemplated herein, Licensor shall have a duty to mitigate its damages.
Licensor’s Remedies. Licensee acknowledges that its failure (except as otherwise provided herein) to cease the manufacture, sale, distribution, advertising, or promotion of the Licensed Products covered by this Agreement or any class or category thereof at the termination or expiration of this Agreement or any portion thereof may result in immediate and irreparable damage to Licensor and to the rights of any subsequent licensee. Licensee acknowledges and admits that there is no adequate remedy at law for such failure to cease manufacture, sale, distribution, advertising, or promotion, and Licensee agrees that in the event of such failure, Licensor shall be entitled to equitable relief by way of temporary and permanent injunctions and such other and further relief as any court of competent jurisdiction may deem just and proper.
Licensor’s Remedies. Each Licensee acknowledges and agrees that its selling of, or failure to cease sales of, Licensed Products not in substantial compliance with the standards set forth in this Article 6 may cause irreparable injury to Licensor. Any action taken pursuant to this Article 6 shall be without prejudice to any Party’s right to the remedies set forth in Article 9 herein. In addition, Licensor reserves its rights with respect to all equitable remedies in the event of any failure by a Licensee to comply with the terms of this Article 6, including the sale or distribution of products not in compliance with the quality control provisions stated herein. Without limiting the foregoing, Licensor shall have the right to (i) require a Licensee to suspend sale, distribution and marketing of any Licensed Products that are, in Licensor’s sole but reasonable discretion, not in substantial compliance with the standards set forth in this Article 6, and such Licensee shall immediately comply with any such instruction and (ii) have such Licensee declare a recall of any line of Licensed Products if Licensor reasonably determines that such recall is necessary to prevent further damage or destruction of property and/or to prevent or eliminate any threat to the health or safety of consumers. Such Licensee shall bear all reasonable costs (but excluding Licensor’s internal time and efforts) related to any such recall of Licensed Products, whether voluntary, required by government, or by Licensor. In the event of such a recall, such Licensee will consult with Licensor, regarding all aspects of handling such recall including media releases.
Licensor’s Remedies. Licensee acknowledges that its failure to comply with its obligations and covenants as set forth in this Agreement (after notice, if applicable, in accordance with Section 7), will result in immediate and irremediable damage to Licensor. Licensee acknowledges and admits that there is no adequate remedy at law for such default, and Licensee agrees that in the event of such default, Licensor shall be entitled to equitable relief by way of temporary and permanent injunctions and such other further relief as any court may deem just and proper. Resort to any remedies referred to herein shall not be construed as a waiver of any other rights and remedies to which Licensor is entitled under this Agreement or otherwise at law or equity. In addition, Licensee agrees to publish, at its sole expense, a statement (approved by Licensor) in such trade journals and other periodicals that collectively have a circulation reasonably likely to be seen by Licensee's customers acknowledging Licensee's breach of this Agreement.
Licensor’s Remedies. In the event of a LICENSEE Default, LICENSOR shall have all remedies available at law or in equity including without limitation damages and injunctive relief. In the event of a LICENSEE Default, LICENSOR shall have the right to terminate the SLA(s) at issue (after the expiration of any applicable cure periods set forth above) but not this MLA. If, as a result of a LICENSEE Default, LICENSOR incurs any costs or expenses on behalf of LICENSEE or in connection with LICENSEE’S obligations thereunder, such sums shall be due to LICENSOR within thirty (30) days after rendering of an invoice to LICENSEE as an additional fee hereunder.
Licensor’s Remedies. (a) Licensee acknowledges that its failure to commence in good faith to offer to sell, manufacture, distribute and promote the Articles listed in Schedule B within the period specified in Paragraph 13, and to continue during the term hereof to use its best efforts to offer to sell, manufacture, distribute and promote the Articles covered by this Agreement will result in immediate and irreparable damage to Licensor.
(b) Licensee acknowledges that its failure (except as otherwise provided herein) to cease the manufacture, sale, distribution or promotion of the Articles covered by this Agreement at the termination or expiration of this Agreement or any portion thereof will result in immediate and irreparable damage to Licensor and to the rights of subsequent licensee. Licensee acknowledges and admits that there is no adequate remedy at law for such failure to cease manufacture, sale, distribution or promotion, and Licensee agrees that in the event of such failure, YAMAHA shall be entitled to terminate this Agreement and to equitable relief by way of temporary and permanent injunctions and such other and further relief as any court of competent jurisdiction may deem just and proper.
Licensor’s Remedies. It is agreed and understood that any breach of this Agreement by Licensee shall cause irreparable harm and damage to Licensor, thereby entitling Licensor to any and all remedies available at law or in equity, including, without limitation, the right to immediate termination hereof, and all other forms of injunctive relief. The waiver by Licensor of any breach of this Agreement by Licensee shall not constitute a waiver of any subsequent breach. Any waiver must be in writing to be effective.
Licensor’s Remedies. Licensee acknowledges that the unauthorized use, transfer or disclosure of the Software, its output, or copies thereof will: (1) substantially diminish the value to Licensor of the trade secrets and other proprietary interests that are the subject of this Agreement; (2) render Licensor's remedy at law for such unauthorized use, disclosure or transfer inadequate; and (3) cause irreparable injury in a short period of time. If Licensee breaches any of its obligations with respect to the use or confidentiality of the Software, Licensor shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief.
Licensor’s Remedies. If Licensor terminates this Agreement because of any reasons set forth in Section 11.1, or if Customer terminates this Agreement without just cause, Customer agrees to pay to Licensor, within ten (10) days of such termination: (i) an amount equal to the total of any and all discounts given Customer from the License Service Fees as reflected on the License and Service Provisions Addendum up to the date of termination, and (ii) since the contract damages suffered by Licensor would be extremely difficult, if not impossible, to determine, Customer agrees to pay Licensor an amount equal to one-hundred percent (100%) of the License Service Fees payable for all of the months remaining on the Term of this Agreement, as liquidated damages and not as a penalty. These damages shall be in addition to the amounts due pursuant to Sections 9, 11.3 and 11.4 hereof.
