Operator’s Remedies. In the event any Developer fails to pay its share of advances, costs and expenses hereunder, the Operator shall have the following remedies:
(i) Developer shall pay interest monthly on the unpaid balance at the prime rate in effect at PNC Bank, Pittsburgh, Pennsylvania, on the first day of the month in which delinquency occurs plus Two (2%) Percent, plus attorney's fees, court costs and other costs in connection with the collection of unpaid amounts, and Operator shall further have the right, without prejudice to any other rights or remedies to:
(ii) withhold payment of any working interest under this Agreement or any other account due such Developer; or
(iii) when operations are being conducted under Paragraph 20 (Additional Operations) the Operator may elect to treat such Developer as a "Non-Consenting" party with respect to such well for any unpaid amount. In the event that Operator exercises its rights under this clause, the defaulting Developer shall be deemed to have relinquished to Operator, and Operator shall be deemed to own, such Developer's interest in any such well or xxxxx provided; however, that Operator shall assume the obli-gations of the defaulting Developer with respect to such well or xxxxx.
Operator’s Remedies. If a Subscriber Default described in Section 11.2(a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Article 12, Operator may terminate this Agreement, sell Subscriber’s Allocated Percentage to one or more persons other than Subscriber, and recover from Subscriber the Termination Fee.
Operator’s Remedies. In the event any Developer fails to pay its share of advances, costs and expenses hereunder, the Operator shall have the following remedies:
(a) Developer shall pay interest monthly on the unpaid balance at the prime rate in effect at Bank of America, Virginia, on the first day of the month in which delinquency occurs plus two (2%) percent, plus attorney's fees, court costs and other costs in connection with the collection of unpaid amounts; and
(b) Operator shall further have the right, without prejudice to any other rights or remedies to: (i) withhold payment of any working interest under this Agreement or any other account due such Developer; or
(ii) when operations are being conducted under Section 28 below, Operator may elect to treat Developer as a "Non-Consenting" party with respect to such well for any unpaid amount. In the event that Operator exercises its rights under this clause, Developer shall be deemed to have relinquished to Operator, and Operator shall be deemed to own, Developer's Interest in any such well or wxxxx; provided, however, that Operator shall assume the obligations of Developer with respect to such well or wxxxx.
Operator’s Remedies. If a Subscriber Default described in Section 11.2(a) has occurred and is continuing, in addition to other remedies expressly provided herein, Operator may terminate this Agreement, sell Subscriber’s Allocated Percentage to one or more persons other than Subscriber, recover from Subscriber the actual, reasonable and verifiable damages related to lost Community Solar Garden subscription and REC revenues, and Operator may exercise any other remedy it may have at law or equity or under the Agreement. In the event of such termination, Operator shall use reasonable efforts to mitigate its damages.
Operator’s Remedies. Upon the occurrence of a Default by NYRA, Operator shall be entitled to:
17.2.1 terminate this Agreement by Operator’s written notice of termination to NYRA, and such termination shall be effective thirty (30) days after delivery of such notice; or
17.2.2 obtain specific performance of NYRA’s obligations hereunder and/or injunctive relief, to the extent appropriate.
Operator’s Remedies. If a Gateway Default occurs, in addition to any other rights or remedies the Operator may have at law or in equity, the Operator shall have the following rights:
(a) The Operator may enforce the provisions of this Agreement and may enforce and protect the rights of the Operator hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, including recovery of monetary damages and all moneys due or to become due from Gateway under any of the provisions of this Agreement, or any other relief or remedies to the extent permitted by law, by filing a cause of action or actions for such damages, equitable relief, or other appropriate remedies or relief from Gateway in any court of competent jurisdiction in the State of Ohio.
(b) After the time when the Operator has given notice and any applicable grace period provided has expired, if any sums payable by Gateway shall remain due and payable, or after the time for performance by Gateway of any other term, covenant, provision or condition of this Agreement, or before the expiration of that time in the event of a bona fide emergency (in which case the Operator shall only be required to give such notice as is reasonable and practical under the circumstances), the Operator may, at the Operator's election (but without obligation), make any payment required of Gateway under this Agreement, or perform or comply with any covenant or condition imposed on Gateway under this Agreement, as the Operator deems advisable. The amount so paid plus the cost of such performance or compliance, plus interest on such sums at the Interest Rate, shall be payable by Gateway immediately upon demand. No such payment, performance or observance by the Operator shall constitute a waiver of default or of any remedy for default or render the Operator liable for any loss or damage resulting from any such act. The Operator may, with notice to Gateway and at any time or from time to time, charge, set off and otherwise apply all or any part of any of the Operator's Obligations against Gateway's Obligations now or in the future.
(c) No termination of this Agreement shall deprive the Operator of any of its remedies or actions against Gateway for past or future sums due to the Operator from Gateway hereunder.
Operator’s Remedies. Operators shall look only to Owner's estate and property relating to the Facility for the satisfaction of Operators' remedies or for the collection of a judgment (or other judicial process) requiring the payment of money by Owner in the event of any default by Owner hereunder; no other property or assets of Owner or its shareholders, members, partners or principals, disclosed or undisclosed, shall be subject to levy, execution or other enforcement procedure for the satisfaction of Operators' remedies under or with respect to this Agreement, the relationship of Owner and Operators hereunder or Operators' use or occupancy of the Premises.
Operator’s Remedies. If a Subscriber Default described in Section 11.2(a) has occurred and is continuing, in addition to other remedies expressly provided herein, Operator may (i) terminate this Agreement and collect the Termination Fee; provided that if within three years after collecting the Termination Fee, Operator sells all of Subscriber’s Allocated Percentage (after making commercially reasonable efforts to do so and after filling any pre-existing unsubscribed portion of the Delivered Energy), then Subscriber will be entitled to recover from Operator an amount equal to the net present value, using a discount rate of 5.5%, ascribed by Operator to such new subscriber’s subscription minus the costs Operator incurred to sell Subscriber’s Allocated Percentage (including marketing costs associated with finding a new subscriber), (ii) sell Subscriber’s Allocated Percentage to one or more persons other than Subscriber, and (iii) exercise any other remedy it may have at law or equity or under the Agreement. In the event of any such termination, Operator shall use reasonable efforts to mitigate its damages.
Operator’s Remedies. Upon the occurrence of a Default by Owner which is not cured within the time permitted, Operator shall be entitled to:
15.2.1. Specific performance of Owner's obligations hereunder and injunctive relief, as applicable, under the laws of Colorado.
15.2.2. Demand payment of all amounts due Operator under the terms of this Agreement and demand the payment of all costs, damages, expenses and reasonable attorney's fees of Operator due to Owner's default. In the event Owner fails to pay any amount due Operator, after the applicable cure period, Operator shall be entitled to interest on the unpaid amount at the statutory judgment rate permitted under applicable law.
15.2.3. Remedy any Default of Owner, and in connection with such remedy, Operator may pay all expenses and employ counsel, and all sums so expended or obligations incurred by Operator in connection therewith shall be paid by Owner to Operator, upon demand by Operator, and on failure of such reimbursement, Operator may, at Operator's option, deduct all costs and expenses incurred in connection with remedying a Default of Owner from the next sums subsequently becoming due to Owner from Operator under the terms of this Agreement.
15.2.4. Terminate this Agreement by Operator's written notice of termination to Owner. No remedy granted to Operator is intended to be exclusive of any other remedy herein or by law provided, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute. No delay or omission of Operator to exercise any right or power accruing upon any Event of Default shall impair Operator's exercise of any right or power or shall be construed to be a waiver of any Default or acquiescence therein.
Operator’s Remedies. (a) Upon the occurrence of any Event of Default, Operator may, at its option, exercise any or all remedies available at law or in equity, including, without limitation, any or all of the following remedies, as Operator in its sole discretion shall elect by notice in writing, terminate this Agreement, whereupon all rights of User to the use of the Aircraft or any part thereof shall absolutely cease and terminate, but User shall remain liable as provided in this Agreement and Operator. User shall forthwith pay to Operator an amount equal to the total accrued and unpaid amounts due hereunder, plus any and all losses and damages incurred or sustained by Operator by reason of any default by User under this Agreement.
(b) User shall be liable for all costs, charges and expenses, including reasonable attorneys’ fees and disbursements, incurred by Operator by reason of the occurrence of any Event of Default or the exercise of Operator’s remedies with respect thereto.
