Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default.
Preservation of Remedies. Termination of this Agreement is without prejudice to the rights of either party with regard to a breach by the other party of this Agreement, or any obligation surviving termination or expiration of this Agreement. Full legal remedies remain available for any such breach or continuing obligation, including the right to recover damages or to secure other appropriate relief.
Preservation of Remedies. Notwithstanding the preceding binding arbitration provisions, the parties agree to preserve, without diminution, certain remedies that any party may exercise before, during or after an arbitration proceeding is brought. The parties shall have the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: obtaining provisional or ancillary remedies, including injunctive and other equitable relief with regard to disputes over the covenants contained in Sections 5, 6 and 19 hereof. If you are in agreement with the foregoing, please sign the duplicate original in the space provided below and return it to the Company. C&D TECHNOLOGIES, INC. By: /s/ Xxxxxxx X. Xxxxxx -------------------------------------------- Xxxxxxx X. Xxxxxx Title: President & Chief Executive Officer Agreed as of the date above written: /s/ Xxxxxxx Xxxxxxxx --------------------------- Xxxxxxx Xxxxxxxx EXHIBIT A TO EMPLOYMENT AGREEMENT (THE "AGREEMENT") OF XXXXXXX XXXXXXXX ("EXECUTIVE") (Capitalized terms used herein and not otherwise defined have the meanings given to them in the Agreement.)
Preservation of Remedies. In addition to the conditions precedent to Hexcel’s obligations hereunder for any payments or benefits, Hexcel shall also be entitled to all of its legal and equitable remedies resulting from any breach or violation of this Agreement by Employee, including, without limitation, recovery from Employee of all damages resulting from such breach or violation.
Preservation of Remedies. No provision of, nor the exercise of any rights under, this arbitration clause shall limit the right of any Party to: (1) foreclose against any real or personal property collateral or other security, or obtain a personal or deficiency award; (2) exercise self-help remedies (including repossession and setoff rights); or (3) obtain provisional or ancillary remedies such as injunctive relief, sequestration, attachment, replevin, garnishment, or the appointment of a receiver from a court having jurisdiction. Such rights can be exercised at any time except to the extent such action is contrary to a final award or decision in any arbitration proceeding. The institution and maintenance of an action as described above shall not constitute a waiver of the right of any Party to submit the Dispute to arbitration, nor render inapplicable the compulsory arbitration provisions hereof. Any claim or Dispute related to exercise of any self-help, auxiliary or other rights under this paragraph shall be a Dispute hereunder.
Preservation of Remedies. Except as provided in Section 16 hereof, no ------------------------ right or remedy herein conferred upon or reserved to any party hereto is intended to be exclusive of any other right or remedy, and every right or remedy shall, to the extent permitted by law, be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. Without limiting the foregoing, nothing herein shall limit AOLA's or AOLB's recourse to Itau for any amounts due under the Marketing Agreement, and neither AOLA nor AOLB shall be obligated to exercise its rights under this Escrow Agreement prior to taking other actions available to it under the Marketing Agreement or at law or in equity or otherwise with respect to any amounts due under the Marketing Agreement. AOLA and AOLB shall have the right and discretion to proceed with any and all remedies available to them under this Escrow Agreement, the Marketing Agreement or otherwise, in such order, or simultaneously, as they shall determine in their sole discretion.
Preservation of Remedies. The parties hereto agree that the delivery by the Borrower of any Closing Date Schedule shall not be construed as a waiver of any Event of Default that may arise under Section 6.01 or any right or remedy of the Agent or the Lenders provided for herein.
Preservation of Remedies. After exhaustion of the claims procedure as provided herein, nothing shall prevent the claimant from pursuing any other legal or equitable remedy otherwise available.
Preservation of Remedies. No delay or omission in the exercise of any power or remedy herein provided or otherwise available to Owner shall impair or affect Owner’s right thereafter to exercise the same.
Preservation of Remedies. The remedies provided herein shall not be exclusive of other remedies. A failure by the Town to take action on any past violation(s) shall not constitute a waiver of the Town's right to take action on any subsequent violation(s).
