Provider’s Remedies. Provider's sole and exclusive remedies for any damages or loss in any way connected with the Software or SAP Support furnished by SAP and its licensors, including due to SAP's negligence or breach of any other duty, shall be, at SAP's option: (i) to bring the performance of the Software into substantial compliance with the functional specifications; (ii) re- performance of SAP Support; or (iii) return of an appropriate portion of any payment made by Provider with respect to the applicable portion of the Software or SAP Support.
Provider’s Remedies. (a) Upon the occurrence of any Event of Default, Provider may, at its option, exercise any or all remedies available at law or in equity, including, without limitation, any or all of the following remedies, as Provider in its sole discretion shall elect:
(i) By notice in writing, terminate this Agreement, whereupon all rights of Recipient to the use of the Aircraft or any part thereof shall absolutely cease and terminate, but Recipient shall remain liable as provided in this Agreement and Provider, at its option, may enter upon the premises where the Aircraft is located and take immediate possession of and remove the same by summary proceedings or otherwise. Recipient specifically authorizes Provider’s entry upon any premises where the Aircraft may be located for the purpose of, and waives any cause of action it may have arising from, a peaceful retaking of the Aircraft. Recipient shall forthwith pay to Provider an amount equal to the total accrued and unpaid Fees and all other accrued and unpaid amounts due hereunder, plus any and all losses and damages incurred or sustained by Provider by reason of any default by Recipient under this Agreement.
(b) Recipient shall be liable for all costs, charges and expenses, including reasonable attorney fees and disbursements, incurred by Provider by reason of the occurrence of any Event of Default or the exercise of Provider’s remedies with respect thereto.
Provider’s Remedies. If a Purchaser Default described in Sections 11.2(a) has occurred and is continuing, in additional to other remedies expressly provided herein, and subject to Section 12, Provider may terminate this Agreement and upon such termination,
(A) Provider shall be entitled to receive from Purchaser the Early Termination Fee pursuant to Section 2.2, and
(B) Provider may exercise any other remedy it may have at law or equity or under the Agreement. In addition to the foregoing, Provider shall be entitled to operate and maintain the System on the Premises as contemplated by Section 7.2(d), and Purchaser shall execute such documents as may be reasonably requested by Provider to memorialize such right. Further, if requested by Provider, Purchaser shall cooperate with Provider to establish a new metered account with the Local Electric Utility at Premises, or (as applicable) to transfer Purchaser’s existing account to Provider or its designee.
Provider’s Remedies. If a Purchaser Default described in Sections 11.2(a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Section 12, Provider may terminate this Agreement and upon such termination, and Provider shall be entitled to receive from Purchaser, as liquidated damages, an amount equal to the sum of (i) the Early Termination Fee pursuant to Section 2.2, (ii) any and all other amounts previously accrued under this Agreement and then owed by Purchaser to Provider, and (iii) removal costs as provided in Section 11.3.
Provider’s Remedies. If a Purchaser Default described in Section 11.2(a) has occurred and is continuing, in addition to other remedies expressly provided herein, and subject to Article 12, Provider may terminate this Agreement and upon such termination, (A) Provider shall be entitled to receive from Purchaser the Early Termination Fee set forth on Schedule 3, Column 1 of the Special Conditions, and (B) Provider may exercise any other remedy it may have at law or equity or under this Agreement.
Provider’s Remedies. If a Customer Default described in Section 9.02(a) has occurred and is continuing, in addition to (and not in lieu of) any other remedy it may have in law or equity, Provider remove the System from the Property at Customer’s expense and terminate this Agreement immediately upon the expiration of the respective grace periods set forth in such provisions.
Provider’s Remedies. Provider's sole and exclusive remedies for any damages or loss in any way connected with the Software or SAP Support furnished by SAP and its licensors, including due to SAP's negligence or breach of any other duty, shall be, at SAP's option: (i) to bring the performance of the Software into substantial compliance with the functional specifications; (ii) re- performance of SAP Support; or (iii) return of an appropriate portion of any payment made by Provider with respect to the applicable portion of the Software or SAP Support. 提供商的补救措施。因SAP及其许可方提供之软件或SAP支持以任何方式造成的任何损害或损失，包括因SAP的过失或未履行任何其他责任而引起的损害或损失，提供商能获得的唯一补救措施为SAP自行选择的下列方式之一：（i）使软件的性能实质上符合功能规格；（ii）重新提供SAP支持；或者（iii）退还提供商已支付款项中与相应的软件或SAP支持有关的部分。
Provider’s Remedies i. If a Host Default described in Section 11.2(a)(i) or Section 11.2(a)(ii) has occurred, Provider may terminate this Agreement upon at least fifteen (15) days prior written notice to Host.
ii. If a Host Default described in Section 11.2(a)(iii), Section 11.2(a)(iv), Section 11.2(a)(v), Section 11.2(a)(vi), or Section 11.2(a)(vii) has occurred and is continuing, Provider may terminate this Agreement only immediately upon the expiration of the respective grace periods set forth in such provisions.
iii. If any Host Default described in Sections 11.2(a) has occurred and is continuing, and this Agreement is terminated with respect to the System: (A) Provider may (i) cease the provision of all Solar Services and (ii) remove the System from the Property in compliance with the conditions of Section 2.4 herein, (B) Host shall pay the Early Termination Fee (Termination Value) with respect to the System as set forth in Schedule 5 Column 1 of the Appendix, and any other sums owed to Provider resulting from unpaid invoices. The amounts described in clause (B) shall constitute full and liquidated damages for Host’s Default.
Provider’s Remedies a. Late or Non-Payments: Client may be billed fees, charges and assessments related to late payments or non-payments if for any reason (i) Provider does not receive for the Services by the payment due date or (ii) Client pays less than the full amount due for the Services.
Provider’s Remedies. If a Customer Default described in Section 9.02(a) has occurred and is continuing, then in addition to (and not in lieu of) any other remedy Provider may have in law or equity, Provider may: (i) require Customer to pay to Provider the Early Termination Fee and (ii) and terminate this Agreement immediately.
