Remedial Acts. In the event (i) Supplier’s ongoing use of the Gap Infringement Trigger, or any part thereof, is the subject of any action by a third party arising from a Gap Infringement Claim that would preclude or impair Supplier’s use of the Gap Infringement Trigger as provided for under this Agreement, or any part thereof, (e.g., an injunction prohibiting or limiting use), or (ii) if Supplier’s continued use of the Gap Infringement Trigger as provided for under this Agreement, or any part thereof, may subject it to damages or statutory penalties, Supplier shall give prompt written notice to Gap of such fact(s). Upon notice of such facts, Gap shall use commercially reasonable efforts to: (i) procure the right for Supplier to continue to use the Gap Infringement Trigger, or part thereof, or (ii) replace or modify the Gap Infringement Trigger, with another system or components of comparable quality and performance capabilities to become non-infringing. If Gap fails to complete the remedial acts set forth above within sixty (60) days of the date of the written notice from Supplier, and Supplier’s ongoing use of the Gap Infringement Trigger remains impaired, Supplier shall have the right to take such remedial acts that are commercially reasonable to mitigate any impairment of its use of the Gap Infringement Trigger (hereafter referred to as “Supplier’s Remedial Acts”). Gap shall pay Supplier for all documented commercially reasonable amounts paid by Supplier to implement Supplier’s Remedial Acts. Failure by Gap to pay such amounts within forty-five (45) days of invoice by Supplier shall, in addition to, and cumulative to all other remedies available to Supplier under this Agreement, entitle Supplier to exercise the payment escalation rights under Section 27.1 (Invoices and Payments – General).
Remedial Acts. In the event of any spill or release of or the presence of any Hazardous Waste affecting the Project, caused by Tenant, its employees, agents, invitees, licensees, or contractors, whether or not the same originates or emanates from the Project or any contiguous real estate, and/or if Tenant shall fail to comply with any of the requirements of any Environmental Law, Landlord may, without notice to Tenant, at its election, but without obligation so to do, gives such notices and/or cause such work to be performed at the Project and/or take any and all other actions as Landlord shall deem necessary or advisable in order to remedy said spill or release of Hazardous Waste or cure said failure of compliance and any amounts paid as a result thereof, together with interest at the rate equal to the product of the variable Prime Rate "Prime", plus six percent (6%) per annum as charged by Bank of America, Nevada; times the amount of such installment amount due, or eighteen percent (18%) per annum of such installment or the sum of twenty-five dollars ($25.00), whichever is greater, for each month or fractional month transpiring from the date due until paid.
Remedial Acts. If Contractor fails to complete the remedial measures in Paragraph 13.2 above within forty-five (45) calendar days of the date of the written notice from County or County has not approved in writing (such approval not to be unreasonably withheld) Contractor’s plan of completing such remediation, then, County shall have the right to take such remedial acts as County determines to be reasonable to mitigate any impairment of its use of the software or damages or other costs or expenses (in this Paragraph 13.3, "County's Remedial Acts"). Contractor shall indemnify County under Paragraph
13.1 (Indemnification) for all amounts paid and all direct and indirect costs associated with County's Remedial Acts. Failure by Contractor to pay such amounts within ten (10) calendar days of invoice by County shall, in addition to, and cumulative to all other remedies, entitle County to immediately withhold payments due to Contractor under this Agreement up to the total of the amounts paid in connection with County's Remedial Acts.
Remedial Acts. In the event of any spill or release of or the presence of any Hazardous Waste affecting the Project (including the Property), that originates or emanates from the Property, and/or if Tenant shall fail to comply with any of the requirements of any Environmental Law, Landlord may, without notice to Tenant, at its election, but without obligations so to do, gives such notices and/or cause such work to be performed at the Project (including the Property ) and/or take any and all other actions as Landlord shall deem necessary or advisable in order to remedy said spill or release of Hazardous Waste or cure said failure of compliance and any amounts paid as a result thereof, together with interest at the rate of twelve percent (12%) per annum, from the date of payment by Landlord, shall be immediately due and payable by Tenant to Landlord.
Remedial Acts. In the event of any spill or release of or the presence of any Hazardous Substance affecting the Premises, whether the same originates or emanates from the Premises or any contiguous real estate, Landlord may, upon reasonable notice to Tenant, at Landlord’s election, but without obligation to do so, give such notices, cause such work to be performed at the Premises and take any and all other actions as Landlord reasonably shall deem necessary or advisable in order to fully remedy said spill, release or presence of hazardous Substance. If the spill, release or presence of Hazardous Substance constitutes a breach, default or violation by Tenant of its covenants or obligations hereunder or is otherwise the responsibility of Tenant under applicable law, then (1) Landlord may undertake any or all actions Landlord may reasonably deem necessary or appropriate to remediate such Hazardous Materials to the extent required by applicable law or cure such breach, default or violation or, upon Landlord’s demand, Tenant at Tenant’s expense shall promptly commence and diligently prosecute to completion all actions reasonably necessary or appropriate to remediate and cleanup all Hazardous Substances as and to the extent required by law, and (2) all reasonable expenses and costs incurred by Landlord in connection with such spill, release or presence of Hazardous Substance, or the remediation or cure thereof and the enforcement of Landlord’s remedies hereunder, together with interest at the Default Rate, shall be due and payable by Tenant to Landlord upon demand.
Remedial Acts. In the event of any spill or release of or the presence of any Hazardous Waste affecting the Property, and/or if Tenant shall fail to comply with any of the requirements of any Environmental Law, Landlord may, without notice to Tenant, at its election, but without obligation so to do, gives such notices and/or cause such work to be performed at the Property and/or take any and all other actions as Landlord shall deem necessary or advisable in order to remedy said spill or release of Hazardous Waste or cure said failure of compliance and any amounts paid as a result thereof, together with interest at the rate of fifteen percent (15%) per annum, from the date of payment by Landlord, shall be immediately due and payable by Tenant to Landlord.
Remedial Acts. In the event of any spill or release of or the presence of any Hazardous Waste affecting the Project, caused by Tenant, its employees, agents, invitees, licensees, or contractors, whether or not the same originates or emanates from the Project or any contiguous real estate, and/or if Tenant shall fail to comply with any of the requirements of any Environmental Law, Landlord may, without notice to Tenant, at its election, but without obligation so to do, gives such notices and/or cause such work to be performed at the Project and/or take any and all other actions as Landlord shall deem necessary or advisable in order to remedy said spill or release of Hazardous Waste or cure said failure of compliance and any amounts paid as a result thereof, together with interest at the rate equal to the product of twelve percent (12%) per annum of such installment for each month or fractional month transpiring from the date due until paid.
Remedial Acts. In the event (i) IBM’s ongoing use of the Covered VMU Rights, or any part thereof, is the subject of any Claim that would preclude or impair IBM’s use of the Covered VMU Rights as provided for under this Agreement, or any part thereof, (e.g., an injunction prohibiting or limiting use), or (ii) if IBM’s continued use of the Covered VMU Rights as provided for under this Agreement, or any part thereof, may subject it to damages or statutory penalties, IBM shall give prompt written notice to VMU of such fact(s). Upon notice of such facts, VMU shall, at its expense, use commercially reasonable efforts to: (i) procure the right for IBM to continue to use the Covered VMU Rights, or part thereof, or (ii) replace or modify the Covered VMU Rights, with another system or components of comparable quality and performance capabilities to become non-infringing. If VMU fails to complete the remedial acts set forth above within sixty (60) days of the date of the written notice from IBM, and IBM’s ongoing use of the Covered VMU Rights remains impaired, IBM shall have the right to take such remedial acts that are commercially reasonable to mitigate any impairment of its use of the Covered VMU Rights (hereafter referred to as “IBM’s Remedial Acts”). VMU shall pay IBM for all commercially reasonable amounts paid by IBM to implement IBM’s Remedial Acts. Failure by VMU to pay such amounts within forty-five (45) days of invoice by IBM shall, in addition to, and cumulative to all other remedies available to IBM under this Agreement, entitle IBM to exercise the payment escalation rights under Section 27.2.
Remedial Acts. In the event of any spill or release of or the presence of any Hazardous Waste affecting the Project, whether or not the same originates or emanates from the Project or any contiguous real estate, and/or if Tenant shall fail to comply with any of the requirements of any Environmental Law, Landlord may, without notice to Tenant, at its election, but without obligation so to do, gives such notices and/or cause such work to be performed at the Project and/or take any and all other actions as Landlord shall deem necessary or advisable in order to remedy said spill or release of Hazardous Waste or cure said failure of compliance and any amounts paid as a result thereof, together with interest at the rate equal to the product of the variable Prime Rate "Prime", plus six percent (6%) per annum as charged by Bank of America, Nevada; times the amount of such installment amount due, or eighteen percent (18%) per annum of such installment or the sum of twenty-five dollars ($25.00), whichever is greater, for each month or fractional month transpiring from the date due until paid.
Remedial Acts. In the event of any spill or release of or the presence of any Hazardous Waste affecting the Project, caused by Tenant, its employees, agents, invitees, licensees, or contractors, whether or not the same originates or emanates from the Project or any contiguous real estate, and/or if Tenant shall fail to comply with any of the requirements of any Environmental Law, Landlord may, upon ten (10) business days notice to Tenant (except in the case of emergency, for which no notice is required), at its election, but without obligation so to do, give such notices and/or cause such work to be performed at the Project and/or take any and all other actions as Landlord shall deem necessary or advisable in order to remedy said spill or release of Hazardous Waste or cure said failure of compliance and any amounts paid as a result thereof, together with interest at the rate equal to the product of the variable Prime Rate "Prime", plus six percent (6%) per annum as charged by Bank of America, Nevada; times the amount of such installment amount due, or eighteen percent (18%) per annum of such installment or the sum of twenty-five dollars ($25.00), whichever is greater, for each month or fractional month transpiring from the date due until paid.
