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.
Appears in 7 contracts
Samples: Aircraft Time Sharing Agreement (Las Vegas Sands Corp), Aircraft Cost Sharing Agreement (Las Vegas Sands Corp), Aircraft Time Sharing Agreement (Las Vegas Sands Corp)
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 '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 Fee 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 attorneys' fees and disbursements, incurred by Provider by reason of the occurrence of any Event of Default or the exercise of Provider’s 's remedies with respect thereto.
Appears in 2 contracts
Samples: Aircraft Time Sharing Agreement (Las Vegas Sands Corp), Aircraft Time Sharing Agreement (Las Vegas Sands Corp)
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 Executive to the use of the Aircraft or any part thereof shall absolutely cease and terminate, but Recipient Executive shall remain liable as provided in this Agreement Agreement; and upon such notice of termination, 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 Executive 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 Executive shall forthwith pay to Provider an amount equal to the total accrued and unpaid Fees Rent 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 Executive under this Agreement.
(ii) Perform or cause to be performed any obligation, covenant or agreement of Executive hereunder. Executive agrees to pay all costs and expenses incurred by Provider for such performance as additional Rent hereunder and acknowledges that such performance by Provider shall not be deemed to cure said Event of Default.
(b) Recipient Executive shall be liable for all costs, charges and expenses, including reasonable attorney attorneys’ 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 theretoexpenses described in Section 16(i).
Appears in 2 contracts
Samples: Aircraft Time Sharing Agreement (Harley-Davidson, Inc.), Aircraft Time Sharing Agreement (Harley Davidson Inc)
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 Lessee to the use of the Aircraft or any part thereof shall absolutely cease and terminate, but Recipient Lessee 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 Lessee 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 Lessee shall forthwith pay to Provider an amount equal to the total accrued and unpaid Fees Rent 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 Lessee under this Agreement.
(b) Recipient Lessee shall be liable for all costs, charges and expenses, including reasonable attorney attorneys’ 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.
Appears in 2 contracts
Samples: Aircraft Time Sharing Agreement (Wynn Resorts LTD), Aircraft Time Sharing Agreement (Wynn Resorts LTD)