Other Available Remedies. The CITY’s election of one (1) or more of the remedies described herein shall not limit the CITY from any and all other remedies at law and in equity including injunctive relief, etc.
Other Available Remedies. The enumeration of the rights and remedies of the Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under any other Loan Documents or that may now or hereafter exist in law or in equity or by suit or otherwise.
Other Available Remedies. Service Provider acknowledges and agrees that Liquidated Damages shall not be ALU’s sole or exclusive remedy as such relates to breach of this MSA, any failure by Service Provider to meet the Service Levels or failure to perform under this MSA by Service Provider. ALU shall not be precluded from claiming general damages should Liquidated Damages not fully compensate ALU for its recoverable losses; provided, however, Service Provider shall be granted a credit for any Liquidated Damages already paid to ALU relating to the Dispute against any damages awarded to ALU pursuant to such Dispute under this MSA. THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. MASTER SERVICES AGREEMENT TERMS AND CONDITIONS
Other Available Remedies. The Agency’s election of one (1) or more of the remedies described herein shall not preclude the Agency from pursuing any other remedies in this Agreement or at law or in equity.
Other Available Remedies. At Landlord's election, upon an Event of Default, Landlord may pursue such other amounts or other remedies in addition to or in lieu of any one or more of the specific remedies listed in this Section and no articulation of any remedy shall be construed to be in lieu of any others that may be available to Landlord at law or in equity.
Other Available Remedies. The RA Members’ election of one (1) or more of the remedies described herein shall not limit the RA Members from all other remedies at law and in equity including injunctive relief, etc.
Other Available Remedies. In case the Company shall fail forthwith to pay amounts due under Section 3.02 or the First Mortgage Bond upon such demand, the Trustee shall be entitled and empowered to pursue any and all available remedies and institute any actions or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company and collect in the manner provided by law out of the property of the Company the moneys adjudged or decreed to be payable. Notwithstanding the foregoing, the Trustee shall in no event have any responsibility, obligation or duty to enter upon, or otherwise take possession or control of, the Project Facilities, or take any other action that could constitute taking possession or control of the Project Facilities. In case the Trustee shall have proceeded to enforce any right under this Agreement or the Mortgage and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Trustee, then and in every such case the Company and the Trustee shall be restored to their respective positions and rights hereunder, and all rights, remedies and powers of the Company and the Trustee shall continue as though no such proceeding had been taken, but subject to the limitations of any such adverse determination.
Other Available Remedies. 50 10.5 Waiver of Marshalling of Assets..................................50
Other Available Remedies. If Rocky Mountain should commit a ------------------------ Default under this Agreement (regardless of whether Rocky Mountain has purchased the Facility), Thermo shall also be entitled to such other remedies as it may have at law or in equity on account of such Default, including without limitation the right to obtain equitable relief such as injunction or a decree of specific performance, and to proceed against property mortgaged under the terms of the Mortgage (if any) then granted pursuant to paragraph 5.8. The remedies to which Thermo may resort under this Agreement are cumulative and are not intended to be exclusive of, and Thermo shall be entitled to exercise, any other remedy to which Thermo may be entitled by law or in equity.
Other Available Remedies. The City’s election of one or more remedies described herein shall not limit the 1953 City from any and all other remedies at law and in equity, such as a right to immediately contract with another 1954 service provider. 1955 11.7 Specific Performance 1956 By virtue of the nature of this Agreement, the urgency of timely, continuous, and high quality service, the lead time 1957 required to effect alternative service, and the rights granted by the City to Contractor, the remedy of damages for a 1958 breach hereof by Contractor is inadequate and the City shall be entitled to injunctive relief. 1959
