R emedies. Upon the occurrence of an Event of Default as defined above, the Lender may declare the entire unpaid principal balance, together with accrued interest thereon, to be immediately due and payable without presentment, demand, protest, or other notice of any kind. Lender may suspend or terminate any obligation it may have hereunder to make additional Advances. To the extent permitted by law, Borrower waives any rights to presentment, demand, protest, or notice of any kind in connection with this Agreement. No failure or delay on the part of the Lender in exercising any right, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided herein are cumulative and not exclusive of any other rights or remedies provided at law or in equity. Borrower agrees to pay all costs of collection incurred by reason of the default, including court costs and reasonable attorney’s fees, whether or not the attorney is a salaried employee of Lender, including such expenses incurred before or after any legal action or Bankruptcy proceeding involving Borrower has commenced, during the pendency of such proceedings, and continuing to all such expenses in connection with any appeal to higher courts arising out of matters associated herewith.
R emedies. Recipient agrees that money damages would not be sufficient remedy for any breach of this Agreement and that the Broker will be irreparably harmed as a result of any such breach and that it shall be entitled to equitable relief, including, without limitation, injunctive relief (including, without limitation, the right to obtain a temporary and/or permanent injunction) and specific performance (without being required to obtain a bond greater than the amount of $500.00 or post other security or prove actual damages), in the event of any breach or threatened breach of any of the provisions of this Agreement by Recipient, in addition to all other rights and remedies available to the Broker, whether at law, in equity or otherwise relating to such breach. The remedies provided in this Section 8 shall be in addition to all remedies available to the Broker at law, in equity or otherwise. All the rights and remedies of the Broker hereunder shall be cumulative and may be exercised concurrently or at different times.
R emedies. All remedies available to Registrant for breach of this Escrow Agreement shall be cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies.
R emedies. Notwithstanding any other Article of this such use or information may violate any laws, regulations, or Agreement, the non-breaching party shall be entitled to seek equitable relief to protect its interests pursuant to this Article 9, including, but not limited to, injunctive relief.
R emedies. (a) Upon the occurrence of an Event of Default, the Administration may, without notice or demand, exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies in addition to the rights and remedies available to the Administration under the other Financing Documents, the Maryland Uniform Commercial Code, or any other applicable law:
(i) Require the immediate repayment of the entire outstanding principal indebtedness, together with all accrued interest, under the Note and any Obligations, without presentment, demand, protest, or notice, all of which the Borrower expressly waives;
(ii) At any time proceed to protect and enforce all rights and remedies available to the Administration under this Agreement or by Law, by any other proceedings, whether for specific performance of any agreement contained in this Agreement, damages, or other relief;
(iii) Take possession of the Collateral, and enter any of the Borrower’s Facilities and remove the Collateral without any liability to the Administration, the Borrower hereby waiving any and all rights to prior notice and to judicial hearing concerning repossession of the Collateral, and require the Borrower, at the Borrower’s expense, to assemble and deliver the Collateral to any place designated by the Administration.
(iv) Operate, manage, and control the Collateral (including use of the Collateral and any other property or assets of the Borrower in order to continue or complete performance of the Borrower’s obligations under any contracts of the Borrower), or permit any of the Collateral to remain idle, and collect all rents and revenues therefrom and sell or otherwise dispose of any of the Collateral upon any terms and conditions as the Administration may determine, and purchase or acquire any of the Collateral at any such sale or other disposition, all to the extent permitted by applicable law.
(v) Enforce the Borrower’s rights against any account borrower or other parties obligated on the Collateral.
(vi) Suspend or terminate the Borrower's authority to receive any undisbursed Loan proceeds at any time by notice to the Borrower; and
(vii) Apply as a prepayment of the outstanding principal and interest of the Loan, any undisbursed proceeds of the Loan in the possession of Administration.
(b) All remedies provided for in this Agreement or by Law are cumulative and are in addition to any other rights and remedies available to the Administration under any Law. The exercise of an...
R emedies. Upon the occurrence of any such Event of Potential Default and failure of Recipient to cure such potential default as provided above, Trustee may declare Recipient in default in writing and may, as Trustee determines appropriate, withhold payments to Recipient or require Recipient to return, refund or repay any payments received prior or subsequent to the event of default. In addition, Trustee may terminate this Contract and avail himself of any appropriate legal remedies, including recovery of attorney’s fees and expenses incurred in enforcing any such legal remedies.
R emedies. This Contract shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the Circuit Court in and for Orange County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or at equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
R emedies. Participant’s sole remedy for Upstream's non-compliance with any warranty in Section 13.3 shall be to cause Upstream to cure such non-compliance.
R emedies. In the event of Company’s default in the performance of this Agreement, Subdistrict No. 5’s remedies shall include, but not be limited to, the remedy of specific performance. In the event of Subdistrict No. 5’s default hereunder, Company’s remedies shall be to retain all payments made by Subdistrict No. 5 prior to the date of the default, to require full replacement of all injurious stream depletions from and after the date of default by Subdistrict No. 5, and to require Subdistrict No. 5 to pay the Company for all unreplaced injurious depletions not paid for in accordance with the terms of this Agreement.
R emedies. Recipient agrees that any violafion or threatened violafion of this Agreement will cause irreparable injury to Discloser, enfitling Discloser to obtain injuncfive relief in addifion to all legal remedies without showing or proving any actual damage and without any bond being required to be posted.
