Remedies and Defenses Sample Clauses

Remedies and Defenses. Tenant may have remedies available at law or in equity. Any remedy available to the Landlord that may be set forth hereunder, is intended and shall be in addition to any other rights or remedies to which Landlord may be availed at law or in equity.
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Remedies and Defenses. Tenant may have remedies available at law or in equity. Any remedy available to the Landlord that may be set forth hereunder, is intended and shall be in addition to any other rights or remedies to which Landlord may be availed at law or in equity. If Tenant remains on the Premises after expiration or termination of the Lease without Landlord’s written permission. Landlord may recover possession of the Premises in the manner provided for by the law. Landlord also may recover double rent for the period during which Tenant refuses to vacate the Premises. If Tenant defaults under the lease by failing to pay Monthly Rent, the Landlord may terminate Tenant’s rights under the Lease and Tenant shall vacate the premises immediately. If Tenants defaults under the Lease for any other reason, as set forth in section 11, Landlord may terminate Tenant’s rights under the Lease and Tenant shall vacate the Premises within seven (7) days of delivery of the notice of termination. If Tenant fails to cure a default within the time specified in the notice the notice to Tenant, Landlord may recover possession of the Premises as provided by law. If Tenant has defaulted under the Lease and Landlord has obtained a writ of possession, if Tenant has surrendered possession of the Premises to Landlord, or if Tenant has abandoned the Premises, Landlord may: Treat the Lease as terminated, and retake possession for Landlord’s own account; Sublease the Premises for the account of the Tenant, in which event the proceeds from subletting shall be applied first to the cost of subletting (including advertising and commissions), second, to the cost of repairing any damage to the Premises, and third, to the Tenant’s rental obligations hereunder, with the Tenant and Guarantor(s) remaining fully responsible for any deficiency in the rental payments for the remainder of the Term; or Do nothing, and Tenant will be liable for the rent as it comes due; or Accelerate the entire unpaid balance of the rent for the term then remaining. If Landlord retakes possession of the Premises for the Tenants account, Landlord must make a good faith effort to re-lease the Premises. Any rent received by Landlord as a result of the new Tenant shall be deducted from the rent due from Tenant. For purposes of this section, “good faith” in trying to re-lease the Premises means that Landlord shall use at least the same efforts to re-lease the Premises as Landlord uses in attempting to lease other similar property. It does n...
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Remedies and Defenses. All parties are entitled to allege any claim, obtain any remedy and assert any legal or equitable defense that the party could allege, obtain or assert in a Texas state or federal court.
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Remedies and Defenses. All parties are entitled to allege any claim, obtain any remedy and assert any legal or equitable defense that the party could allege, obtain or assert in a Texas state or federal court. With respect to any claim which allows for an award of attorneys fees, the arbitrator must award attorney fees, if any, that bear a reasonable relationship to (1) the amount of the damages award and (2) the time, effort, and efficiency expended by the attorney in securing the damage award.
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Remedies and Defenses 
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Related to Remedies and Defenses

  • Remedies and Waiver All remedies of any party are cumulative. Failure of either the Ceding Company or the Reinsurer to exercise any right, privilege, power or remedy at law, equity or in existence by virtue of this Agreement or to otherwise insist upon strict compliance with any of the terms, provisions and conditions of this Agreement, or the obligations of the other party, will not constitute a waiver of such right, privilege, power, remedy, term, provision, condition, or obligation. Moreover, the failure of either party to enforce any part of this Agreement shall not be deemed to be an act of ratification or consent. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision of this Agreement.

  • REMEDIES AND WAIVERS No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

  • REMEDIES, ETC CUMULATIVE. Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Pledgee, in each case acting upon the instructions of the Required Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least a majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Pledgee for the benefit of the Secured Creditors upon the terms of this Agreement.

  • Rights and Remedies Not Waived No act, omission or delay by the Collateral Agent shall constitute a waiver of the Collateral Agent's rights and remedies hereunder or otherwise. No single or partial waiver by the Collateral Agent of any default hereunder or right or remedy that it may have shall operate as a waiver of any other default, right or remedy or of the same default, right or remedy on a future occasion.

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