REMEDIES AND RIGHTS a. No provision in the contract shall be construed, expressly or implied, as a waiver by the State of Missouri of any existing or future right and/or remedy available by law in the event of any claim by the State of Missouri of the contractor's default or breach of contract.
b. The contractor agrees and understands that the contract shall constitute an assignment by the contractor to the State of Missouri of all rights, title and interest in and to all causes of action that the contractor may have under the antitrust laws of the United States or the State of Missouri for which causes of action have accrued or will accrue as the result of or in relation to the particular equipment, supplies, and/or services purchased or procured by the contractor in the fulfillment of the contract with the State of Missouri.
REMEDIES AND RIGHTS. These warranties of Xxxx Galleries products and services are the only expressed warranties provided by Xxxx. No employee, representative, agent, nor any other person, has authority to assume or incur on behalf of Xxxx Galleries any obligation, liability, or responsibility in place of or in addition to these warranties. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGERTHAN THE DURATION OF OWNERSHIP AND OCCUPATION, BY THE OWNER OF THE HOME AT THE TIME WHICH XXXX GALLERIES PERFORMS THE SERVICES IN QUESTION. EXCEPT FOR THE WARRANTY PROVIDED HEREIN XXXX GALLERIES MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. XXXX'X LIABILITY TO OWNER (OR ANY SECONDARY HOMEOWNER) UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY XXXX GALLERIES FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE OWNER. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. IN NO EVENT SHALL EMPIRE BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF XXXX GALLERIES PRODUCT OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
REMEDIES AND RIGHTS. May Be Exercised by Landlord in its Own Name; Authority to Execute This Lease................................ 20 M.
REMEDIES AND RIGHTS. The remedies reserved in this Purchase Order shall be cumulative and in addition to any other or further rights or remedies available at law or equity. No waiver by Purchaser of any breach of any provision of this order shall constitute a waiver of the provisions or waiver of any subsequent breach of such provision.
REMEDIES AND RIGHTS. If a Default exists, then the holders of Senior Notes evidencing at least two-thirds of the aggregate principal amount then outstanding under the Senior Notes may exercise any and all legal and equitable rights and remedies afforded by the Loan Papers, applicable laws, or otherwise, including, without limitation, declaring the Senior Notes immediately due and payable. All rights available to the holders of the Senior Notes under the Loan Papers are cumulative of and in addition to all other rights at law or in equity. Any sums spent by Lender to exercise any right provided herein become part of the Obligation and bear interest from the date spent until the date repaid by Borrower at LIBOR plus 4% per annum. The obligations of Borrower and the rights of Lender under the Loan Papers continue in full force and effect until the Obligation is paid and performed in full.
REMEDIES AND RIGHTS. If a Default exists, then Lender may exercise any and all legal and equitable rights and remedies afforded by the Loan Papers, applicable laws, or otherwise, including, without limitation, declaring the Note immediately due and payable. All rights available to Lender under the Loan Papers are cumulative of and in addition to all other rights at law or in equity. Any sums spent by Lender to exercise any right provided herein become part of the Obligation and bear interest from the date spent until the date repaid by Borrower at LIBOR plus 4% per annum. The obligations of Borrower and the rights of Lender under the Loan Papers continue in full force and effect until the Obligation is paid and performed in full.
REMEDIES AND RIGHTS. May Be Exercised by Landlord in Its Own Name: ---------------------------------------------------------------- Authority to Execute This Lease. All rights and remedies of Landlord under this ------------------------------- Lease, or that may be provided by law, may be exercised by Landlord in its own name individually, or in its name by any agent thereof, and all legal proceedings for the enforcement of any such rights or remedies, may be commenced and prosecuted to final judgment and executed by Landlord in its own name individually or in its name by any agent thereof. Landlord and Tenant each represents to the other that each has full power and authority to execute this Lease and to make and perform the agreements herein contained.
REMEDIES AND RIGHTS. Upon the occurrence of any of the Events of Default and the expiration of any right to cure period provided in the Loan Agreement, Secured Party may take any 1 or more of the following actions:
A. Any or all of the Obligations shall become immediately due and payable without presentment, demand, notice of intention to accelerate, notice of acceleration, notice of non‑payment, protest, notice of dishonor, or any other notice whatsoever to Debtor, all of which are hereby expressly waived by Debtor, or any other person obligated thereon, and Secured Party shall have and may exercise, with reference to the Collateral and Obligations, any and all of the rights and remedies of a secured party under the Code, and as otherwise granted herein or under any other Applicable Law or under any other agreement executed by Debtor (all of which rights and remedies shall be cumulative).
B. With regard to that portion of the Collateral consisting of cash or cash equivalent items (i.e., checks or other items convertible at face) Secured Party may immediately apply them against the Obligations, and for this purpose, Debtor agrees that such items will be considered identical in character to cash proceeds.
C. Secured Party will have the right immediately and without further action by it to set‑off against the Obligations all money owed by Secured Party in any capacity to Debtor, including any such sums owed under property that is included in the Collateral, such as certificates of deposit, or demand, savings or passbook accounts, whether or not due, and Secured Party will be deemed to have exercised such right of set off and to have made a charge against any such money at the time of any acceleration upon an Event of Default even though such charge is made or entered on Secured Party's books subsequent thereto.
D. As regards to that portion of the Collateral other than cash or cash equivalent items, unless such portion is perishable or threatens to decline speedily in value or is of the type customarily sold in a recognized market, Secured Party shall have, without limitation, the right and power to sell, at public or private sale or sales, or otherwise dispose of or utilize the Collateral and any part or parts thereof in any manner authorized or permitted under this Security Agreement or under the Code and to apply the proceeds thereof toward payment of any costs, expenses, and legal expenses thereby incurred by Secured Party and toward payment of the Obligations, i...
REMEDIES AND RIGHTS. Upon the occurrence and continuance of a Default, Lender may exercise any and all legal and equitable rights and remedies afforded by the Loan Papers, applicable laws or otherwise, including, without limitation, declaring all of the Obligation immediately due and payable and terminating its commitment to make Advances under this agreement. All rights available to Lender under the Loan Papers shall be cumulative of and in addition to all other rights granted to Lender at law or in equity, whether or not the Obligation be due and payable and whether or not Lender has instituted any suit for collection or other action in connection with the Loan Papers. Any sums spent by Lender pursuant to the exercise of any right provided herein shall become part of the Obligation and shall bear interest from the date spent until the date repaid by Borrower at the Default Rate, and the obligations of Borrower and the rights of Lender under the Loan Papers shall continue in full force and effect until the Obligation and all other indebtedness under the Loan Papers has been paid and performed in full.
REMEDIES AND RIGHTS. No employee, agent, or any other person has authority to assume or incur on behalf of Paradise Exteriors any obligation, liability, or responsibility in place of or in addition to this warranty. In no event shall Paradise Exteriors be obligated or liable for incidental, special, indirect, or consequential damages of any kind for the breach of any express or implied warranty. Some states do not allow the exclusion or limitation of incidental consequential damages or the limitation of remedies for a breach of warranty, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
