Owner’s Remedies. 13.14.1 Should Contractor at any time: (i) refuse or neglect to supply sufficient and properly skilled workers; (ii) refuse or neglect to supply materials of the proper quality; (iii) fail in any respect to follow revised construction schedules; (iv) fail in any respect to complete the Work with promptness and diligence; or (v) fail in the performance of any of the covenants contained herein; and fail to correct such default or neglect with diligence and promptness within one (1) work day of written notice from Owner, then Owner may, without additional written notice and without prejudice to any other remedy, either:
13.14.1.1 Provide such labor, materials, or services or other Work as is required by this Contract and deduct the cost thereof from any money then due or thereafter to become due to Contractor under this Agreement;
13.14.1.2 Terminate this Agreement for the Work and enter upon the premises and take possession for the purpose of completing the Work included under this Agreement of all materials, tools and appliances thereon, and to employ any other person or persons to finish the Work, and to provide the materials required under this Agreement.
13.14.2 Owner shall be entitled to recover all of its expenses under this paragraph, including all labor, materials, and services (whether by Owner or others) and any other cost (including attorneys’ fees) or damages incurred as a result of Contractor’s default. If such expense exceeds the unpaid balance of the amount to be paid under this Agreement, Contractor shall pay the difference to Owner on demand. If this Agreement is terminated, Contractor shall not be entitled to receive any further payment under this Agreement until the Work is completed.
13.14.3 If at any time there shall be evidence of any invoice, bill, lien or claim arising from Contractor’s operations under this Agreement, or any other agreement between the parties (Claim) for which Owner, a surety, or any property, might be or become liable or subject to, Owner shall have the right to retain out of any payment then due or thereafter to become due Contractor, an amount sufficient to discharge such Claim and reimburse the Contractor, Owner, and surety for all costs and expenses (including attorneys’ fees) in connection with such Claim. If Contractor has failed to resolve a Claim or provide a bond to protect Owner and any surety against such Claim within thirty (30) days after written notice, Owner or a surety shall have the right to make p...
Owner’s Remedies. After written request to the Association to prevent any violation of this Declaration, and failure to act by Declarant or the Association within fifteen (15) days after receipt of such request, any Owner shall additionally have all enforcement rights provided for in this Declaration. In addition, any other party to whose benefit this Declaration inures shall have the right, in the event of violation or breach of this Declaration, to prosecute a proceeding at law or in equity against the Person or Persons who have violated or are attempting to violate this Declaration, to enjoin or prevent them from doing so, to cause said violation to be remedied and to recover damages for said violation.
Owner’s Remedies. Upon the occurrence of an event of default, the Owner will have the following remedies, which are cumulative:
11.2.1 Order the Contractor to stop the Work, which the Contractor will do immediately;
11.2.2 To perform through others all or any part of the Work remaining to be done and to deduct the cost thereof from the unpaid balance of the Contract Sum or, if the unpaid balance of the Contract Sum is inadequate, to demand reimbursement of amounts previously paid to the Contractor;
11.2.3 To terminate this Agreement and take possession of, for the purpose of completing the Work or any part of it, all materials, equipment, scaffolds, tools, appliances, and other items belonging to or possessed by the Contractor, all of which the Contractor hereby transfers and assigns to the Owner for such purpose, and to employ any person or persons to complete the Work, including the Contractor’s employees, and the Contractor will not be entitled to receive any further payment until the Work is completed; and/or,
11.2.4 All other remedies which the Owner may have at law or in equity or otherwise under the Contract Documents.
Owner’s Remedies. Notwithstanding Section 20 above, in the event that Occupant breaches this Lease, Owner shall be allowed at Owner’s discretion, but not by way of limitation, to exercise any or all remedies provided herein or at law or in equity. MISCELLANEOUS
Owner’s Remedies. If an Event of Default shall occur, the following provisions shall apply and Owner shall have the rights and remedies, cumulatively if possible, set forth herein, which rights and remedies may be exercised, separately or cumulatively, notwithstanding any election of remedies, upon or at any time following the occurrence of an Event of Default unless, prior to such exercise, Owner shall agree in writing with Tenant that the Event of Default has been cured by Tenant in all respects; Tenant will be granted a ten (10) day grace period for late payment of rent, as stipulated in paragraph 7. page 4 of 23. /s/RA -------------------- --------------------- Owner's Initials Tenant's Initials 14A
(a) Acceleration of Rent.
(i) By notice to Tenant, Owner shall have the right to accelerate all Base Rent and all Additional Rent due hereunder and otherwise payable in installments over the remainder of the Term, and, at Owner's option, any other Additional Rent and other Rent to the extent that such Additional Rent and other Rent can be determined and calculated (which may be reasonably estimated by Owner) to a fixed sum; and the amount of all of such accelerated Rent, without further notice or demand for payment, shall be due and payable by Tenant within five (5) days after Owner has so notified Tenant. Additional Rent and other Rent which has not been included in accelerated Rent, shall be due and payable by Tenant during the remainder of the Term, in the amounts and at the times otherwise provided for in this Lease.
(ii) Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated Rent in full when due, Owner thereafter shall have the right by notice to Xxxxxx.
(A) to terminate Tenant's further right to possession of the Premises and (B) to terminate this Lease under subparagraph (c) below; and if Tenant shall have paid part but not all of the accelerated Rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Owner's termination of possession or termination of this Lease shall be applied by Owner against Tenant's obligations owing to Owner as determined by the applicable provisions of subparagraphs (d) and (f) below.
Owner’s Remedies. If it should appear at any time prior to Final Payment that Consultant has failed or refused to prosecute, or has delayed in the prosecution of the Services with diligence at a rate that assures completion of the Services in full compliance with the requirements of this contract, or has attempted to assign this Contract or Consultant’s rights under this contract, either in whole or in part, or has falsely made any representation or warranty in this Contract, or has otherwise failed, refused or delayed to perform or satisfy any other requirement of this Contract, or has failed to pay its debts as they come due (“Event of Default”), and has failed to cure any such Event of Default within five (5) business days after Consultant’s receipt of written notice of such Event of Default, Owner shall have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies:
A. Owner may require Consultant, within such reasonable time as may be fixed by Owner, to complete or correct all or any part of the Services that are defective, damaged, flawed, unsuitable, nonconforming or incomplete to accelerate all or any part of the Services, and to take any or all other action necessary to bring Consultant and the Services into strict compliance with this Contract.
B. Owner may accept the defective, damaged, flawed, unsuitable, nonconforming, incomplete or dilatory Services as part thereof and make an equitable reduction in the Contract Price.
C. Owner may terminate this Contract without liability for further payment of amounts due or to become due under this Contract.
D. Owner may withhold from any Progress Payment or Final Payment, whether or not previously approved, or may recover from Consultant any and all costs including attorneys’ fees and administrative expenses incurred by Owner as the result of any Event of Default or as a result of actions taken by Owner in response to any Event of Default.
E. Owner may recover any damages suffered by Owner.
Owner’s Remedies. In the event Engineer defaults in its performance of the services hereunder, Owner shall be entitled to enforce all rights and remedies available at law or in equity. Additionally, in the event Engineer fails to complete the Engineering Services on or before the Engineering Services Completion Date, Owner shall be entitled a per diem liquidated damage amount (the
Owner’s Remedies. If the Contractor fails to promptly correct all deficiencies and defects shown by the report, the Owner may do so, after giving the Contractor ten (10) days’ written notice of its intent to do so. The Owner shall be entitled to collect from the Contractor all costs and expenses incurred in correcting such deficiencies and defects, as well as all damages resulting from such deficiencies and defects. The guarantee and warranties of the Contractor provided for herein are in addition to and not in lieu of any other remedies available to the Owner.
Owner’s Remedies. In the event of a default by the Tenant under this Lease, the Owner shall have all rights and remedies allowed by law or equity including, but not limited to, the following:
Owner’s Remedies. If an Event of Default shall occur, the following provisions shall apply and Owner shall have the rights and remedies, cumulatively if possible, set forth herein, which rights and remedies may be exercised, separately or cumulatively, notwithstanding any election of remedies, upon or at any time following the occurrence of an Event of Default unless, prior to such exercise, Owner shall agree in writing with Tenant that the Event of Default has been cured by Tenant in all respects:
