Remedies and Termination. In addition to any other of RIM’s rights or remedies set forth in this Agreement:
(a) If You or Your Authorised Users breach this Agreement, RIM or its agent may, but is not obligated to, take certain actions they deem appropriate. Such actions may include temporary or permanent removal of Content, blocking or partial blocking of Internet transmissions, and/or the immediate suspension or termination of all or any portion of Your BlackBerry Solution or any Third Party Item used in conjunction with Your BlackBerry Solution.
(b) RIM may, in addition to all other rights and remedies provided by this Agreement or by law; (i) immediately terminate this Agreement and any other license agreement between You and RIM for any other portion of Your BlackBerry Solution used by You or Your Authorised Users with the Software if You breach this Agreement, or any Addendum or other agreement You have in effect with RIM or a RIM affiliate including, by failing to pay any fees within thirty (30) days of their becoming due and payable; and/or (ii) cease to provide any RIM Service(s) to You or Your Authorised Users in relation to Your BlackBerry Solution. Where You have provided RIM with accurate contact information, RIM shall use reasonable commercial efforts to provide You with notice of termination.
(c) If any BlackBerry Handheld Software is designed to enable You to access specific Third Party Service(s), and such Third Party Service(s) are to be no longer made available to You for any reason, RIM may, but has no obligation to, terminate Your license to use that BlackBerry Handheld Software, at any time, with or without notice to You; however, if feasible, RIM will use commercially reasonable efforts to provide You with notice of termination. If You have paid RIM for such BlackBerry Handheld Software and are not in breach of this Agreement, You may be entitled to a refund of all or a portion of the amount You paid to RIM for such BlackBerry Handheld Software, as set forth in RIM’s then current refund policy for the BlackBerry Handheld Software. Such refund, if any, will be Your exclusive entitlement and RIM’s sole liability to You in the event of a termination of such license.
(d) In addition, RIM may terminate this Agreement and/or immediately cease to provide the RIM Service(s) without any liability whatsoever to You or Your Authorised Users if RIM is prevented from providing any portion or all of any RIM Service by any law, regulation, requirement or ruling issued in any...
Remedies and Termination. If any Party hereto believes another Party has breached this Agreement, it shall provide written notice of the breach. If the breach is not cured within sixty (60) days, remedies may include specific performance, termination of this Agreement, damages, and any other relief allowed by law. Should this Agreement be properly terminated, the Developer if terminated prior to meeting all of the Developer’s obligations under Sections 2 – 4), or the Town if the Developer’s License Agreement had previously terminated under Section 4.b hereof, shall remove at its sole cost and expense the Ditch Crossing and all structures necessary to return the SBCC Pipeline and the Ditch Company Property to a condition which, at a minimum, is equivalent to the condition of the SBCC Pipeline and the Ditch Company Property prior to the initiation of Construction and reasonably acceptable to the Ditch Company. In the event of such termination, all relevant portions of this Agreement shall survive termination of the Agreement until such time as the Ditch Crossing and structures are removed and the condition of the SBCC Pipeline and the Ditch Company Property is restored. The Developer or the Town may, at any time unrelated to termination, remove the Ditch Crossing and restore the SBCC Pipeline and Ditch Company Property at no cost to the Ditch Company prior to termination of the License Agreement. However, the removal of the Ditch Crossing and restoration of the SBCC Pipeline and Ditch Company Property, whether due to termination of this Agreement or otherwise, shall be subject to all provisions of this Agreement, including but not limited to Sections 2 and 3 hereof, similar to the original Construction, and shall require prior approval by the Ditch Company regarding any necessary plans or specifications, and shall not adversely affect the Ditch Company Rights. Any costs incurred by the Ditch Company associated with the removal of the Ditch Crossing and restoration of the SBCC Pipeline and Ditch Company Property shall be reimbursed by the entity doing the work (Developer or Town) pursuant to Section 8, above.
Remedies and Termination. If after notice and expiration of the cure periods and procedures set forth in Section 8.1, the alleged Event of Default is not cured, the non- defaulting Party, at its option, may institute legal proceedings pursuant to Sections 8.3 or 8.4 of this Development Agreement and/or terminate this Development Agreement. In the event that this Development Agreement is terminated pursuant to this Section 8.2 and litigation, or mediation is instituted which results in a final decision that such termination was improper, then this Development Agreement shall immediately be reinstated as though it had never been terminated.
Remedies and Termination. For purposes of this section the State Remedies and Termination provisions above apply as written.
Remedies and Termination. If the Seller shall default in the payment of any amount for a period often (10) days beyond the due date of such payment, the Buyer shall, in its own discretion and without prior notice to Seller, may do any one or more of the following: (i) suspend performance under the Order Confirmation or any other agreement between Seller and Buyer; (ii) terminate the Order Confirmation or any other agreement between Seller and Buyer, whereby any and all obligations of Seller, including payments or deliveries due, will, at the option of Buyer, become immediately due and payable or deliverable, as applicable; and/or (iii) Set-off against any amount that Buyer (or any of its affiliates) owes to Seller (or any of its affiliates) under the Order Confirmation or any other agreement between or among any such parties. If Buyer suspends performance and withholds delivery of the Product as permitted above, it may buy the Product to a third party and deduct from the proceeds of such buy the sale price and all reasonable costs resulting from Seller’s default as identified above, including, without limitation, all costs associated with the transportation (including demurrage and other vessel or shipping related charges), storage, and buy of the Product. Buyer expressly reserves the right to cause the liquidation or cancellation of this Agreement because of: (i) the insolvency or financial condition of the Seller; (ii) the commencement of a case or the appointment of or a taking of possession by trustee or custodian under 11 U.S.C. Section 101 et seq. or successor legislation in effect as of the date hereof; (iii) any and all other defaults of the terms and conditions specified herein; or (iv) the institution or price of quantity controls by any government, governmental agency or governmental authority which are lower than the price or less than the quantity set forth in the Order Confirmation or Invoice. Seller agrees and understands that in the event that any amounts that are not paid in accordance herewith. Buyer may assign or enforce the same for collection. Buyer does not waive its right by accepting late payments. Seller agrees to pay reasonable attorney fees and costs of collection, including any incurred in proceedings due to insolvency or bankruptcy. WARRANTIES, QUALITY, AND ASSUMPTION OF RISK: Buyer warrants only that it has good title to any product sold and such product conforms to its stated specifications. EXCEPT AS OTHERWISE EXPRESSLY SET FOR I II HEREIN, BUYER MAK...
Remedies and Termination. (a) In the event of all or any of (a) any Items are not delivered by the time required by Clause 6; (b) any Items do not comply with the Order; (c) any other failure by Vendor to comply with the Order; (d) Dissolution of Vendor, then at any time thereafter Buyer shall have the right to exercise all or any of the following remedies (and whether or not any Items have been delivered or accepted):
(i) to terminate the Order by notice in writing to Vendor;
(ii) to reject all or any of the Items (including any which have been delivered or accepted) and to require Vendor to refund to Buyer within ten days all amounts paid to Vendor pursuant to the Order;
(iii) to require Vendor to rectify any failure to comply with the Order by such time as Buyer specifies (including by requiring Vendor to rectify Defects in accordance with Clause 5);
(iv) to itself rectify or have rectified any failure to comply with the Order and to recover from Vendor on demand the costs, expenses and losses incurred by Buyer;
(v) to refuse to accept (and not pay for) any further Items;
(vi) to obtain substitute Items from other sources and to recover from Vendor on demand the costs, expenses and losses incurred by Xxxxx;
(vii) to recover from Vendor on demand any costs, expenses or losses incurred by Buyer which are in any way attributable to Vendor’s failure to comply with the Order or Vendor’s Dissolution or termination of the Order. Upon termination of the Order under this Clause 17(a), Buyer shall have no obligation or liability under or arising out of the Order or the termination thereof except only that Buyer shall pay Vendor in accordance with the Order for any Items delivered to Buyer in accordance with the Order as at the date of termination and accepted by, and not rejected by, Buyer.
(b) THIS ORDER MAY BE TERMINATED AT ANY TIME BY BUYER IN ITS ABSOLUTE DISCRETION AND WITH OR WITHOUT CAUSE, BY GIVING VENDOR THREE (3) DAYS WRITTEN NOTICE AND UPON EXPIRY OF SUCH NOTICE THIS ORDER SHALL TERMINATE. Upon termination of the Order under this Clause 17(b), Buyer shall have no obligation or liability under or arising out of the Order or the termination thereof except only that Buyer shall pay Vendor in accordance with the Order for any Items delivered to Buyer in accordance with the Order as at the date of Buyer’s notice to terminate and accepted by, and not rejected by, Buyer, and (ii) shall agree with Vendor (and following such agreement to pay Vendor) a reasonable amount in respect of Ite...
Remedies and Termination. 15.1 ACL shall have the right, prior to payment to ACL of the Invoice Total, to suspend its performance under this Agreement by written notice to Purchaser and forthwith remove and take possession of any Equipment and Software which has been delivered if Purchaser shall: (a) become insolvent; (b) have a receiver or manager appointed over the whole or any part of its assets or business;
Remedies and Termination. If, after notice and expiration of the cure periods and procedures set forth in Sections 7.1 and 7.2, the alleged Event of Default is not cured, the non-defaulting Party shall commence mediation in accordance with Section 7.4 below and if such mediation is unsuccessful, the non-defaulting Party may, at its option, institute legal or judicial reference proceedings pursuant to Section 7.6 of this Development Agreement and/or terminate this Development Agreement pursuant to Section 7.7 herein. In the event that this Development Agreement is terminated pursuant to Section 7.7 herein and litigation or judicial reference is instituted that results in a final decision that such termination was improper, then this Development Agreement shall immediately be reinstated as though it had never been terminated.
Remedies and Termination. The termination, cancellation and extension of this Agreement shall be conducted in compliance with the Labor Employment Law of the People’s Republic of China, as well as relevant provincial and municipal regulations.
Remedies and Termination. (a) If either party breaches or threatens to breach this Agreement, the other party shall be entitled to seek monetary damages for such breach and injunctive relief to enforce this Agreement and require performance of all obligations hereunder.
(b) Neither party shall have any right to cancel, withdraw from, or terminate this Agreement (or cease, delay or suspend performing such party's obligations under this Agreement) except that, if either party shall fail to pay when due any amount payable hereunder, then the other party shall give notice of such failure and, if such amount is not paid within five business days following the giving of such notice, then the party giving such notice may terminate this Agreement by notice of termination.
