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. The Parties agree that the Confidant’s use of the Confidential Information outside of the scope of this Agreement may cause irreparable injury to the Confidential Entity, and that the Confidential Entity shall be entitled to apply for injunctive relief in tribal, state or federal courts of the State of California in the event of such improper use of Confidential Information by the Confidant. Further, the Confidential Entity reserves its right to seek damages from the Confidant which result from a breach or attempted breach of this Agreement by the Confidant.
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. During the period of twelve (12) months from the date of Buyer’s acceptance of Goods or performance of Services hereunder (or during such other warranty period as is specified in Buyer’s Purchase Order or otherwise agreed to in writing), Seller shall, at its sole cost and expense, promptly repair or replace defective or nonconforming Goods by delivering and installing replacements or, in the case of Services, re- perform the Services and pay all costs incurred by Buyer with respect to the defective or non-conforming Goods or Services, including, but not limited to, all costs and expenses of identifying, uncovering, exposing, reassembling, reconstructing, packing, storing, setting aside and shipping such Goods and, in the case of Services, all costs and expenses of identifying the non-conforming or defective Services and of any accommodations or changes taken by Buyer as a result of such non-conforming or defective Services (collectively, “Corrective Costs”). If Seller fails to promptly repair or replace any defective or non-complying Goods or re-perform such Services, or if the repair, replacement, or re-performance needs to be made on an emergency basis, Buyer may repair or replace the Goods or re-perform the Services and hold Seller responsible for all reasonable costs thereof, including without limitation Corrective Costs. Any repair or replacement of Goods shall be automatically subject to the same warranties as are set forth in this Purchase Order. All claims for moneys due or to become due from Buyer shall be subject to deduction by Buyer for any setoff or counterclaim arising out of this or any other of the Buyer’s Purchase Orders with Seller. Each of Buyer’s rights and remedies specified in this Purchase Order shall be cumulative and additional to any other or further remedies provided in law or equity, including but not limited to, Buyer’s right of revocation of acceptance or rejection. The remedies and rights reserved to Buyer herein shall be cumulative with, and in addition to, all other rights and remedies provided in law or equity. The remedies and rights reserved to Seller herein shall be Seller’s sole and exclusive rights and remedies available to Seller hereunder.
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. 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, if so awarded by a court of competent jurisdiction.
R emedies. The parties recognize and agree that monetary damages are an inadequate remedy for misappropriation, loss, or damage to Covisint’s ownership interests. Therefore, Covisint may seek injunctive relief from a court of competent jurisdiction to enjoin such activity, in addition to any other remedies available to it, including immediate termination of this Agreement and any Subscription Order Form or exhibits hereunder.
R emedies. The parties recognize and agree that money damages are an inadequate remedy for breach of Section 6 and further recognize that any such breach would result in irreparable harm to the non-breaching party. Therefore, in the event of any such breach, the non-breaching party may seek injunctive relief from a court of competent jurisdiction to enjoin such activity in addition to any other remedies available to it.
R emedies. Any remedy conferred by the specific provisions of the Agreement is not intended to be exclusive of any other remedy, and each and every remedy shall be cumulative. The election of any one or more remedies by either party shall not constitute a waiver of the right to pursue other available remedies.
