Common use of Preservation of Remedies Clause in Contracts

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.

Appears in 3 contracts

Samples: Assumption Agreement (Columbia Sportswear Co), Assumption Agreement (Columbia Sportswear Co), Loan Agreement (Elmers Restaurants Inc)

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Preservation of Remedies. No provision of, nor the exercise excise of any rights under, this arbitration clause Arbitration Program shall limit the right of any Party to: (1a) foreclose against and/or sale of any real or personal property collateral or other security, or obtain a personal or deficiency award; (2b) exercise self-help remedies (including repossession and setoff rights); or (3c) 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.

Appears in 1 contract

Samples: Grip Technologies Inc

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Preservation of Remedies. No provision of, nor the exercise excise of any rights under, this arbitration clause Arbitration Program shall limit the right of any Party to: (1a) foreclose against and/or sale of any real or personal property collateral or other security, or obtain a personal or deficiency award; (2b) exercise self-self- help remedies (including repossession and setoff rights); or (3c) 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.

Appears in 1 contract

Samples: Grip Technologies Inc

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