NON-EXCLUSIVITY OF REMEDY Sample Clauses

NON-EXCLUSIVITY OF REMEDY. No decision by the Issuing Authority or the Town to invoke any remedy under this Renewal License or under any statute, law or by-law shall preclude the availability of any other such remedy.

NON-EXCLUSIVITY OF REMEDY. No decision by the Issuing Authority or the Town to invoke any remedy under the Final License or under any statute, law or by-law shall preclude the availability of any other such remedy.

NON-EXCLUSIVITY OF REMEDY. No decision by the Issuing Authority or the Town to invoke any remedy under this Renewal License or under any statute, law or by-law shall preclude the availability of any other such remedy. Unless doing so would prejudice party giving notice, in the event that the Licensee or the Issuing Authority has reason to believe that the other has acted, or has failed to act, in such a manner as to give rise to a claim, in law or equity, against the other and the Licensee or the Issuing Authority intends to take legal action, it shall (i) give at least forty-five (45) days notice to the other party, unless, in good faith, time and events do not allow for such a period, that an action will be filed, (ii) meet with the other party before it files any such action, and (iii) negotiate the issue, which is the subject of any proposed legal action, in good faith with the other party or its representative.

NON-EXCLUSIVITY OF REMEDY. No decision by the Franchising Authority or the Town to invoke any remedy under the Franchise or under any statute, law or ordinance shall preclude the availability of any other such remedy.

NON-EXCLUSIVITY OF REMEDY. No right or remedy conferred upon or reserved to Franchisor or Franchisee by this Agreement is intended to be, nor shall be deemed, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy.

NON-EXCLUSIVITY OF REMEDY. The provisions of this Article supplement, rather than replace, any other sanctions or remedies available to the HSD under the provisions of this Agreement or of applicable law or regulations.

NON-EXCLUSIVITY OF REMEDY. (a) No waiver of, nor failure to exercise, any right or remedy by the Franchising Authority at any one time shall affect the exercise of such right or remedy or any other right or remedy by the Franchising Authority at any other time. In order for any waiver of the Franchising Authority to be effective it shall be in writing. (b) The failure of the Franchising Authority to take any action in the event of breach by the Franchisee shall not be deemed or construed to constitute a waiver of or otherwise affect the right of the Franchising Authority to take any action permitted by this Renewal Franchise at any other time in the event that such a breach has not been cured, or with respect to any other breach by the Franchisee.

NON-EXCLUSIVITY OF REMEDY. The indemnification provisions contained in this Section 8 shall not be deemed to be the exclusive remedy or exclusive means to obtain relief, as the case may be, of any party hereto, and the provisions of this Section 8 shall not prejudice any other rights or remedies that may be available to any party at law, in equity or otherwise.

NON-EXCLUSIVITY OF REMEDY. The right of any Party to terminate this Agreement under Section 5.2 is not an exclusive remedy, and any Party shall be entitled, if the circumstances warrant and except as otherwise expressly provided herein, alternatively or cumulatively, to damages for material breach of this Agreement, to an order requiring performance of the obligations of this Agreement or to any other legally available remedy, subject in all cases to Section 6.

NON-EXCLUSIVITY OF REMEDY. Stipulated penalties are not EPA’s exclusive remedy for violations of this Consent Agreement and Final Order. EPA expressly reserves the right to seek any other relief it deems appropriate for Respondent’s violation of this Consent Agreement and Final Order or applicable law, including but not limited to an action against Respondent for penalties, additional compliance, and mitigation or offset measures. However, the amount of any penalty assessed for a violation of this Consent Agreement and Final Order shall be reduced by an amount equal to the amount of any stipulated penalty assessed and paid pursuant to this Consent Agreement and Final Order.