Our Remedies. Upon the occurrence of an Event of Default or while it is ongoing, that continues beyond the expiration of any applicable notice or cure period:
Our Remedies. If you do not pay all charges by the due date or fail to meet any other obligation under this Agreement, we may, without notice remove, suspend, or modify your Services without liability and recover all collection costs and legal fees, and pursue any other available legal or equitable remedies. You agree that we may report to credit reporting agencies your failure to make payments as required by this Agreement.
Our Remedies. Upon the occurrence of an event of Default and your failure to remedy the Default within five calendar days. We shall have the right to deny you access to your Unit and the Stored Property by placing a second lock on the Unit. If you do not remedy the default within a reasonable time, then upon notice to you as provided by law we may enter the Unit and enforce the lien given to us by Section5322.02 of the Ohio Revised Code and may recover from you as damages all unpaid rent and charges permitted by this Lease as well as all costs of foreclosing our lien, including reasonable attorney fees. OUR REMEDY IS NOT LIMITED TO A SALE OF YOUR STORED PROPERTY. WE CAN OBTAIN A JUDGEMENT IN THE OTTAWA COUNTY MUNICIPAL COURT FOR ALL AMOUNTS YOU OWE US AND WE MAY SATISFY BY JUDGEMENT; WAGE GARNISHMENT; ATTACHMENT; OR ANY OTHER MEANS ALLOWED BY LAW. A copy of the provisions of the Ohio Revised Code detailing our remedies may be obtained from the Wild Wings Mini-Storage Office.
Our Remedies. If you do not pay all charges by 30 days after the due date, fail to meet any other obligation under this Agreement or under any other agreement between us, or make any Client Representation or warranty that is or becomes untrue, we may, without notice: (i) require you to pay immediately all unpaid amounts you owe and will owe for all Services for the entire term of this Agreement; (ii) remove your Print Services from any publication that has not published; (iii) remove, suspend, or modify your Digital Services; (iv) suspend or terminate any Service without liability (v) recover all collection costs and attorneys’ fees; (vi) redirect to another company (possibly a competitor) or permanently or temporarily disconnect the unique tracking telephone numbers appearing in your Service; and (vii) pursue any other available legal or equitable remedies. If we receive notice from another party contesting your right to use or display a name, trademark, service mark or other content, in addition to the remedies above, we may, without liability to you, cancel or reject the Services until you have resolved the dispute with the other party to our satisfaction.
Our Remedies. 1. WHENEVER THIS AGREEMENT IS TERMINATED, WE WILL REMOVE THE HOTEL FROM DIRECTORIES AND ADVERTISING AND DISCONNECT THE HOTEL FROM THE ADVANCE RESERVATIONS SYSTEM.
2. IF WE TERMINATE THIS AGREEMENT BEFORE THE OPENING DATE DUE TO YOUR DEFAULT, YOU WILL PAY US, AS LIQUIDATED DAMAGES FOR THE PREMATURE TERMINATION AND NOT AS A PENALTY, THE PRODUCT OF THE RENTABLE ROOMS MULTIPLIED BY $3,000.
3. IF WE TERMINATE THIS AGREEMENT ON OR AFTER THE OPENING DATE DUE TO YOUR DEFAULT, YOU WILL PAY US, WITHIN 30 DAYS AFTER TERMINATION, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, THE PRODUCT OF:
(1) THE AVERAGE MONTHLY GROSS ROOM REVENUES DURING THE PRIOR 12 FULL CALENDAR MONTHS (OR THE SHORTER TIME THAT THE HOTEL HAS BEEN IN THE SYSTEM), MULTIPLIED BY
(2) THE ROYALTY FEE PAYABLE IN THE REMAINING MONTHS, MULTIPLIED BY
(3) THE NUMBER OF MONTHS UNTIL THE NEXT DATE ON WHICH YOU COULD HAVE TERMINATED THIS AGREEMENT WITHOUT A PENALTY ("REMAINING MONTHS"), NOT TO EXCEED 60 MONTHS. However, the product of (i) multiplied by (ii) will not be less than the product of $40.00 multiplied by the Rentable Rooms. We may also seek equitable relief to collect amounts accrued before termination, or to enforce survival of indemnification by you. You understand that the injury to us caused by your breach is difficult or impossible to accurately estimate, and that the above method of computation of liquidated damages constitutes a reasonable estimate of our probable loss from your breach. You will also pay us any applicable taxes assessed on the payment of liquidated damages.
Our Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the SNB Online and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law, or otherwise.
Our Remedies. You agree that we may, in our sole discretion, for any reason, subject to applicable law, and without penalty, terminate any account (or any part thereof) you or your Authorized Users may have with us or your and your Authorized Users’ use of the Services and remove and discard all or any part of your account or profile at any time. We may also in our sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your or your Authorized Users’ access to the Services or any account you may have, or any portion thereof, may be effected without prior notice to you or your Authorized Users, subject to applicable law, and you agree that we will not be liable to you or any third-party for any such termination. Upon termination for any reason, all licenses and other rights granted to you in this Agreement will immediately terminate and you and your Authorized Users must cease to use the Services. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. We reserve all rights and remedies against any User who violates this Agreement. YOU ACKNOWLEDGE THAT A VIOLATION OF THIS AGREEMENT MAY CAUSE IRREPARABLE HARM TO US AND YOU AGREE THAT, IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, WE SHALL BE ENTITLED TO SEEK INJUNCTIVE RELIEF AGAINST YOU FOR ANY SUCH VIOLATION WITHOUT HAVING TO POST A BOND.
Our Remedies. 6.1. If You fail to deliver the Goods and/or perform the Services by the applicable date, We shall, without limiting or affecting other rights or remedies available to us, have one or more of the following rights:
6.1.1. to terminate the Contract with immediate effect by giving written notice to You;
6.1.2. to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which You attempt to make;
6.1.3. to recover from You any costs incurred by Us in obtaining substitute goods and/or services from a third party;
6.1.4. to require a refund from You of sums paid in advance for Services that You have not provided and/or Goods have You have not delivered; and
6.1.5. to claim damages for any additional costs, loss or expenses incurred by Us which are in any way attributable to Your failure to meet such dates.
6.2. If You have delivered Goods that do not comply with the warranties set out in clause 4.10 then, without limiting or affecting other rights or remedies available to Us, We shall have one or more of the following rights whether or not we have accepted the Goods:
6.2.1. to terminate the Contract with immediate effect by giving written notice to You;
6.2.2. to reject the Goods (in whole or in part) whether or not title has passed and to return them to You at Your own risk and expense;
6.2.3. to require You to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods;
6.2.4. to refuse to accept any subsequent delivery of the Goods which You attempt to make;
6.2.5. to recover from You any expenditure incurred by Us in obtaining substitute goods from a third party; and
6.2.6. to claim damages for any additional costs, loss or expenses incurred by Us arising from Your failure to supply Goods in accordance with clause 4.10.
6.3. These Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by You.
6.4. Our rights under the Contract are in addition to Our rights and remedies implied by statute and common law.
Our Remedies. IF YOU DO NOT PAY ALL CHARGES BY THE DUE DATE OR FAIL TO MEET ANY OTHER OBLIGATION UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE REMOVE, SUSPEND, OR MODIFY YOUR SERVICES WITHOUT LIABILITY AND RECOVER ALL COLLECTION COSTS AND LEGAL FEES, AND PURSUE ANY OTHER AVAILABLE LEGAL OR EQUITABLE REMEDIES. YOU AGREE THAT WE MAY REPORT TO CREDIT REPORTING AGENCIES YOUR FAILURE TO MAKE PAYMENTS AS REQUIRED BY THIS AGREEMENT.
Our Remedies. If Landlord delays or fails to exercise lease rights, pursue remedies, give notices to you, or make demands to you, as guarantor, you will not consider it as a waiver of our rights against you as guarantor. All of our remedies against the resident(s) apply to guarantor as well. All residents and guarantors are jointly and severally liable. It is unnecessary for us to sue or exhaust remedies against residents in order for you to be liable.
