Remedies and Procedures Sample Clauses

Remedies and Procedures. (a) Upon delivery of the Default Certificate to the Escrow Agent, Sento may require that all or a portion of the Escrowed Shares necessary to satisfy the aggregate amount of all Claim(s) with respect to each Default hereunder be transferred to Sento. In such event, the Escrow Agent shall cause a certificate or certificates representing such Escrowed Shares to be transferred into the name of Sento and delivered to Sento, whereupon Sento shall have all of the rights, privileges and powers appurtenant to and arising from ownership of such Escrowed Shares. (b) Upon receipt of a Default Certificate, the Escrow Agent, without independent verification, shall release and deliver to Sento the Escrow Documents necessary to facilitate Sento's exercise of its remedies under this Agreement, and shall execute and deliver all such instruments or certificates and take all such actions as may be requested by Sento to accomplish Sento's exercise of such remedies. (c) For purposes of determining the number of Escrowed Shares to be transferred to Sento pursuant to subsection (a) above, Sento shall divide the aggregate amount of all Claim(s) described in the applicable Default Certificate (expressed in dollars) by the closing sale price of the Common Stock, as reported by the National Association of Securities Dealers or such other established quotation service as Sento shall reasonably select, as of the Closing Date. (d) If any or all of the Escrowed Shares are transferred to Sento pursuant to the provisions of this Section 6, the Shareholder shall pay any and all costs and expenses reasonably incurred by the Escrow Agent in connection with the delivery and transfer of the Escrowed Shares.
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Remedies and Procedures. 2.01. This limited warranty is not effective unless the purchaser returns the registration and warranty form to manufacturer within 30 days of purchase. 2.02. Purchaser claims must be made in writing to the authorized dealer (“dealer”) from whom purchaser purchased the goods or an approved authorized dealer (“dealer”) within 30 days after purchaser learns of the facts on which the claim is based. 2.03. Purchaser is responsible for returning the goods in question to the dealer. 2.04. If after examining the goods and/or parts in question, manufacturer finds them to be defective under normal use and service due to defects in material or workmanship, manufacturer will: (A) repair or replace the defective goods or part(s) or (B) reimburse purchaser for the cost of the part(s) and reasonable labor charges (as determined by manufacturer) if purchaser paid for the repair and/or replacement prior to the final determination of applicability of the warranty by manufacturer. The choice of remedy shall belong to manufacturer. 2.05. Purchaser is responsible for any labor charges exceeding a reasonable amount as determined by manufacturer and for returning the goods to the dealer, whether or not the claim is approved. Purchaser is responsible for the transportation cost for the goods or part(s) from the dealer to the designated factory.
Remedies and Procedures. In the event of a breach of either the General Limited Warranty or the Turbine Limited Warranty which Vacutech determines to be covered by an applicable Limited Warranty, Vacutech will, at its option, (a) replace, or (b) repair, the defective Equipment or Turbine, as applicable. In the event of a breach of the Services Limited Warranty which Vacutech determines to be covered by the Services Limited Warranty, Vacutech will, at its option, (i) re-perform such Services or (ii) credit or refund the price of such Services for the price paid. Any claim regarding breach of a Limited Warranty must be received by Vacutech before the expiration of the applicable warranty period. Vacutech reserves the right to inspect and investigate the alleged breach prior to any remedy being provided. Vacutech may require Purchaser to return the allegedly defective Equipment or Turbine to Vacutech’s factory for inspection, or Vacutech may elect to ship a new part to Purchaser; in either case, Purchaser is responsible for freight. If Vacutech determines that the claims are not covered by any applicable Limited Warranty, Purchaser will be notified and will be provided with the cost of repairs, replacement or re-performance, as applicable. Vacutech reserves the right to charge reasonable amounts for travel and labor associated with investigation of invalid claims. Warranty claims should be submitted via email to xxxxxxxx@xxxxxxxxxxx.xxx, or via phone at 0-000-000-0000.
Remedies and Procedures. 2.01. This limited warranty is not effective unless the Purchaser returns the Registration and Warranty Form to Manufacturer within 30 days of purchase. 2.02. Purchaser claims must be made in writing to the Authorized Dealer ("Dealer") from whom Xxxxxxxxx purchased the goods or an approved Authorized Dealer ('Dealer") within 30 days after Purchaser learns of the facts on which the claim is based. 2.03. Purchaser is responsible for returning the goods in question to the Dealer 2.04. If after examining the goods and/or parts in question, Manufacturer finds them to be defective under normal use and service due to defects in material or workmanship, Manufacturer will: (a) Repair or replace the defective goods or part(s) or (b) Reimburse Purchaser for the cost of the part(s) and reasonable labor charges (as determined by Manufacturer) if Purchaser paid for the repair and/or replacement prior to the final determination of applicability of the warranty by Manufacturer. The choice of remedy shall belong to Manufacturer 2.05. Purchaser is responsible for any labor charges exceeding a reasonable amount as determined by Manufacturer and for returning the goods to the Dealer, whether or not the claim is approved. Purchaser is responsible for the transportation cost for the goods or part(s) from the Dealer to the designated factory.
Remedies and Procedures 

Related to Remedies and Procedures

  • 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.

  • Remedies and Injunctive Relief Executive acknowledges that a violation by Executive of any of the covenants contained in Sections 6, 7, 8, or 9 would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, Executive agrees that, notwithstanding any provision of this Agreement to the contrary, the Company shall be entitled (without the necessity of showing economic loss or other actual damage) to injunctive relief (including temporary restraining orders, preliminary injunctions, and permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the covenants set forth in Sections 6, 7, 8, or 9 in addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under this Agreement or otherwise, and all of the Company’s rights shall be unrestricted.

  • REMEDIES AND DAMAGES (A) If any Event of Default shall occur, or this Lease and the Term shall expire and come to an end as provided in Article 16 hereof: (1) Tenant shall quit and peacefully surrender the Premises to Landlord, and Landlord and its agents may, after the date upon which this Lease and the Term shall expire and come to an end, re-enter the Premises or any part thereof, without Notice, either by summary proceedings, or by any other applicable action or proceeding or otherwise, and may repossess the Premises and dispossess Tenant and any other persons from the Premises by summary proceedings or otherwise and remove any and all of their property and effects from the Premises (and Tenant shall remain liable for damages as provided herein or pursuant to law); and (2) Landlord, at Landlord's option, may relet the whole or any part or parts of the Premises from time to time, either in the name of Landlord or otherwise, to such tenant or tenants, for such term or terms ending before, on or after the Fixed Expiration Date, at such rent or rentals and upon such other conditions, which may include concessions and free rent periods, as Landlord may determine; provided, however, that Landlord shall exercise reasonable efforts to mitigate any damages related to liability of Tenant under this Lease. (B) In the event of a breach or threatened breach by Tenant, or any persons claiming through or under Tenant, of any term, covenant or condition of this Lease, Landlord shall have the right to enjoin such breach. (A) If this Lease and the Term shall expire and come to an end as provided in Article 2 hereof, or by or under any summary proceeding or any other action or proceeding, or if Landlord shall re-enter the Premises as provided in Section 17.1 hereof, or by or under any summary proceeding or any other action or proceeding, then, in any of said events: (1) Tenant shall pay to Landlord all Fixed Rent, Additional Rent and other items of Rental payable under this Lease by Tenant to Landlord to the date upon which this Lease and the Term shall have expired and come to an end or to the date of re-entry upon the Premises by Landlord, as the case may be; (2) if Landlord has not terminated the Lease, but only Tenant's right of possession to the Premises, Tenant also shall be liable for and shall pay to Landlord, as damages, any deficiency ("Deficiency") between the Rental for the period which is the unexpired portion of the Term and the net amount, if any, of rents collected under any reletting effected pursuant to the provisions of Section 17.1(A)(2) for any part of such period (after first deducting from the rents collected under any such reletting all of Landlord's reasonable and actual expenses in connection with the termination of Tenant's right of possession, Landlord's re-entry upon the Premises and such reletting including, but not limited to, all repossession costs, brokerage commissions, attorneys' fees and disbursements, alteration costs and other expenses of preparing the Premises for such reletting, to the extent the same are allocable to the remaining Term); any such Deficiency shall be paid in monthly installments by Tenant on the days specified in this Lease for payment of installments of Fixed Rent; Landlord shall be entitled to recover from Tenant each monthly Deficiency as the same shall arise, and no suit to collect the amount of the Deficiency for any month shall prejudice Landlord's right to collect the Deficiency for any subsequent month by a similar proceeding; and (3) alternatively, if Landlord has terminated the Lease, Landlord shall be entitled to recover from Tenant, and Tenant shall pay to Landlord, on demand, and as and for liquidated and agreed final damages, a sum equal to the amount by which the present value (calculated using the Base Rate as the discount rate) of the unpaid Rental for the period which otherwise would have constituted the unexpired portion of the Term exceeds the present value (calculated using the Base Rate as the discount rate) of the then fair and reasonable rental value of the Premises for the same period, taking into consideration reasonable costs incurred to relet the Premises; if, before presentation of proof of such liquidated damages to any court, commission or tribunal, the Premises, or any part thereof, are relet by Landlord on a fair and arms-length basis for the period which otherwise would have constituted the unexpired portion of the Term, or any part thereof, the amount of rent reserved upon such reletting shall be deemed, prima facie, to be the fair and reasonable rental value for the part or the whole of the Premises so relet during the term of the reletting. (B) Tenant shall in no event be entitled to any rents collected or payable under any reletting, whether or not such rents exceed the Fixed Rent reserved in this Lease. Nothing contained in this Article 17 shall be deemed to limit or preclude the recovery by Landlord from Tenant of the maximum amount allowed to be obtained as damages by any statute or rule of law, or of any sums or damages to which Landlord may be entitled in addition to the damages set forth in this Section 17.2.

  • 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.

  • Express Rights and Remedies Not Limited The express rights and remedies of the LHIN are in addition to and will not limit any other rights and remedies available to the LHIN at law or in equity. For further certainty, the LHIN has not waived any provision of any applicable statute, including LHSIA, nor the right to exercise its rights under these statutes at any time.

  • 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 Not Limited Subject to Section 7.1, nothing contained in this Article XIII shall limit the authority of the Manager to take such other action as it deems necessary or advisable to protect the Company and the interests of the Members in preserving the Company’s qualification as a REIT.

  • Remedies Exclusive The rights and remedies provided by these Allocation Rules and the Participation Agreement to the Allocation Platform and each Registered Participant are exclusive and not cumulative and, to the extent permissible by law, shall exclude and be in place of all substantive (but not procedural) rights or remedies expressed or implied and provided by law or statute in respect of the subject matter of these Allocation Rules and the Participation Agreement. Accordingly, the Allocation Platform and each Registered Participant hereby waives to the fullest extent possible all such rights and remedies provided by law or statute, and releases each other of them if it is liable to any other of them, its officers, employees and agents to the same extent from all duties, liabilities, responsibilities or obligations provided by law or statute in respect of the matters dealt with in these Allocation Rules and the Participation Agreement and undertakes not to enforce any of the same except as expressly provided herein.

  • Remedies Not Waived No course of dealing between the Company and the Holder or any delay in exercising any rights hereunder shall operate as a waiver by the Holder.

  • 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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