Parties Rights. (a) Upon the occurrence of the Concessionaire Event of Default, the Concessioning Authority shall without prejudice to any other rights and remedies available to it under this Agreement be entitled to terminate this Agreement.
(b) Upon the occurrence of the Concessioning Authority Event of Default, the Concessionaire shall without prejudice to any other rights and remedies available to it under this Agreement be entitled to terminate this Agreement. Provided that before proceeding to terminate this Agreement, the Party entitled to do so shall give due consideration and shall have due regard to the nature of the underlying Event of Default, its implication on the performance of the respective obligations of Parties under this Agreement and the circumstances in which the same has occurred.
Parties Rights. (a) Upon the occurrence of the Concessionaire Event of Default, the Authority shall, subject to the provisions of this Article 15, without prejudice to any other rights and remedies available to it under this Agreement be entitled to terminate this Agreement.
(b) Upon the occurrence of the Authority Event of Default, the Concessionaire shall, subject to the provisions of this Article 15, without prejudice to any other rights and remedies available to it under this Agreement be entitled to terminate this Agreement: Provided that before proceeding to terminate this Agreement, the Party entitled to do so shall (i) in terms of Clause 15.3 issue a Consultation Notice and follow the Remedial Process in Clause 15.4, (ii) give due consideration and shall have due regard to the nature of the underlying Event of Default, its implication on the performance of the respective obligations of Parties under this Agreement and the circumstances in which the same has occurred.
Parties Rights. (a) Upon the occurrence of the Concessionaire Event of Default, the Concessioning Authority shall without prejudice to any other rights and remedies available to it under this Agreement be entitled to terminate this Agreement.
(b) Upon the occurrence of the Concessioning Authority Event of Default, the Concessionaire shall without prejudice to any other rights and remedies available to it under this Agreement be entitled to terminate this Agreement.
Parties Rights. 5.1 Nothing in this letter shall prevent the Finance Parties from taking any Enforcement Action after the Waiver Period or after the Waiver ceases to apply in respect of any Event of Default which has occurred or may occur during the Waiver Period or which occurs or continues after the termination of the Waiver, regardless of whether such Event of Default occurred prior to or during the Waiver Period. Accordingly, this letter shall not constitute any waiver by the Finance Parties of any breach or default by any Group Member and the Finance Parties reserve all rights in relation thereto (the "Reservation"), except as otherwise expressly set out in this letter and subject only to the terms of this letter.
5.2 Neither the passing of time nor any inaction, action, omission, statement or discussion by, or on the part of, any Finance Party in relation to all matters referred to above or any other matter arising under the Finance Documents shall be taken in any way as constituting a waiver of, or as prejudicing or limiting, any of the rights, powers or remedies which that Finance Party may now, or hereafter, have under and pursuant to the Finance Documents or otherwise.
5.3 The Reservation is made without prejudice to, and without intention of amending, Clause 33 (Remedies and Waivers) of the Loan Agreement, the content of which is hereby expressly repeated and averred.
5.4 Nothing in this letter, any document or in any correspondence, meeting or discussion a Finance Party has had or may have with any Group Member in relation to (i) the matters related to the Waiver, (ii) any other Events of Default which occur or may occur after the date of this letter, (iii) the refinancing or restructuring of the Borrowers' Loan and other obligations under the Finance Documents or (iv) any other matters shall, except as otherwise expressly provided in this letter:
(a) prejudice the position of the Finance Parties under the Finance Documents or be construed as a waiver of any Group Member's obligations under or pursuant to the Finance Document to which that Group Member is a party; or
(b) be deemed to constitute an amendment or waiver of any provision of the Loan Agreement, the Guarantee or any other Finance Document (other than clause 4 of this letter) or a commitment to amend, waive or restructure any provision in the Loan Agreement, the Guarantee or any other Finance Document. Any such correspondence, meeting or discussion in each case shall be entirely without prejudice to ...
Parties Rights. A Party may exercise a Right at its discretion, and separately or concurrently with another Right. A single or partial exercise of a right by a Party does not prevent a further exercise of that or an exercise of any other Right. Failure by a Party to exercise or delay in exercising a Right does not prevent its exercise.
Parties Rights a. Upon the occurrence of the SPV Event of Default, the Authority shall without prejudice to any other rights and remedies available to it under the Agreement be entitled to terminate the Agreement.
b. Upon the occurrence of the Authority Event of Default, the SPV shall without prejudice to any other rights and remedies available to it under the Agreement be entitled to terminate the Agreement.
c. Provided that before proceeding to terminate the Agreement, the Party entitled to do so shall give due consideration and shall have due regard to the nature of the underlying Event of Default, its implication on the performance of the respective obligations of Parties under the Agreement and the circumstances in which the same has occurred.
Parties Rights. (a) Upon the occurrence of the Authorisee Event of Default, the Grantor shall without prejudice to any other rights and remedies available to it under this Agreement be entitled to Terminate this Agreement.
(b) Upon the occurrence of the Grantor Event of Default, the Authorisee shall without prejudice to any other rights and remedies available to it under this Agreement be entitled to Terminate this Agreement: Provided that before proceeding to Terminate this Agreement, the Party entitled to do so shall (i) in terms of Clause 18.3 provide an opportunity to the other party to state its position and give explanation in the matter, (ii) give due consideration and shall have due regard to the nature of the underlying Event of Default, its implication on the performance of the respective obligations of Parties under this Agreement and the circumstances in which the same has occurred.
Parties Rights. 11.1 Any express statement of a right of the Parties under this agreement is without prejudice to any other right of the Parties expressly stated in this agreement or arising at law.
Parties Rights. A. GCTD Management’s Rights The parties hereto recognize that the rights reserved by GCTD include, but are not limited to, the exclusive right to determine the mission of its constituent departments; set standards of service; establish fare collection and sales procedures and methods; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of transit operations; determine the methods, means and personnel by which transit operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work, except as amended by this agreement.
B. SEIU 721’s Rights The parties hereto recognize that SEIU 721 retains the right to 1) file grievances as to decisions that impact or effect wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order, as set forth in Government Code section 3504, and
Parties Rights. Nothing in the preceding paragraph shall require arbitration prior to the Agent's or the Noteholders' exercise of any rights and remedies under Article X. In addition, nothing in this Section 13.07, nor the exercise of any right to arbitrate thereunder, shall limit the right of the Borrower, the Agent, the Trustee or any Noteholder: (a) to foreclose against any Collateral by the exercise of the power of sale under, or to secure direct payment of the proceeds of any Collateral as provided under, any deed of trust, mortgage, or other security agreement or instrument or applicable law; (b) to exercise self-help remedies such as setoff or repossession; or (c) to obtain provisional or ancillary remedies or relief such as replevin, injunctive relief, attachment or appointment of a receiver from a court having jurisdiction, before, during or after the pendency of any arbitration proceeding. Any foreclosure action, or the institution and maintenance of any action for such judicial relief, or pursuit of provisional or ancillary remedies, or exercise of self-help remedies shall not constitute a waiver of the right of the exercising party to submit any claim or dispute to arbitration.
