REMEDIES FOR BREACH OR DEFAULT Sample Clauses

REMEDIES FOR BREACH OR DEFAULT. In the event Owner, or its successor in interest, should fail to perform or adhere to its obligations as set forth herein, and such failure continues for a period of thirty (30) days after the Owner receives written notice by registered mail, return receipt requested from the Town describing the failure in reasonable detail, then the Town shall have the following remedies against the Owner which remedies are cumulative and non-exclusive unless such failure is of a nature that it is not capable of being cured within 30 days in which case it shall be commenced within the 30 day period and diligently pursued to completion: 1) Specific performance; 2) Injunctive relief, both mandatory and/or prohibitory; 3) Denial, withholding, or cancellation of any building permit or any other authorization authorizing or implementing the development of the PUD and/or any structure or improvement to be constructed on the Property; 4) In the event of a material breach of this Agreement or default hereunder, denial or withholding of any Certificate of Occupancy for any structure or improvement to be constructed on the Property; and/or 5) Treat the default as a violation of the CDC and proceed to impose fines as set forth in the CDC as a violation of the CDC. In the event that the Town should fail to perform or adhere to its obligations as set forth herein, including but not limited to any rezoning, land use or other action or inaction, direct or indirect, or pursuant to an initiated measure, taken without the Owner's consent, that alters, impairs, prevents, diminishes, imposes a moratorium on development, delays or otherwise materially and adversely affects any development, use or other rights under this Agreement, then the Owner shall have the following remedies: 1) Specific performance; and/or 2) Injunctive relief, both mandatory and or prohibitory.
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REMEDIES FOR BREACH OR DEFAULT. A. The Committee, as authorized by the Association Boards and the Resort, shall have the same rights and remedies of relief for a breach or default of the terms and conditions of this Agreement by a party to this Agreement the same as that which would be available to Cedar River Village Condominium Association as provided in the Master Deed, Liber 477, Page 378, as amended, and/or Condominium Bylaws, Liber 477, page 406, as amended, against the defaulting party the same as if the defaulted party was a unit owner. B. In addition to the rights and remedies provided above and not otherwise provided, the Committee, as authorized by the Association Boards and the Resort, shall have the rights and remedies in equity, in addition to those at law, including but not limited to, suits for specific performance, injunctions and declaratory judgments. C. The Committee, as authorized by the Association Boards and the Resort, may pursue and employ the same rights and remedies as provided in Section XIII A and B, above, against the unit owners of a defaulting party as third party beneficiaries of this Agreement.
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REMEDIES FOR BREACH OR DEFAULT. In the event either party breaches any provision of this Agreement, the non-defaulting party shall give the other party 30 days written notice describing the breach. Unless the other party remedies the breach, or makes continuous endeavors to remedy the breach during the period stated in the notice, the other party in addition to the right to terminate the License shall be entitled to all remedies available under the law including compensatory damages, specifically excluding incidental, punitive or consequential damages. If the defaulting party is the Licensee then the Licensor shall also be entitled to equitable relief, specifically the right to seek an injunction, without the requirement of bond, in order to prevent Licensee from violating its duties with respect to protecting the Licensor’s proprietary rights (under Article IX.B - Retention of Proprietary Rights) and Licensor’s confidential information (under Article VI - Confidential Information) as well as to prevent Licensee from violating the terms of Article III.A -
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REMEDIES FOR BREACH OR DEFAULT. (a) In the event that Purchaser is in breach or default of this Agreement, and same remains uncured for a period of ten (10) days following notice thereof from Seller or such longer period of time as is reasonably necessary in order for Purchaser to cure such breach or default not to exceed an additional forty-five (45) day period. Seller may, at its option, (i) terminate this Agreement and retain as liquidated damages (and not as a penalty) the Deposit Monies, which amount the parties agree is a reasonable forecast of just compensation for the harm that would be caused by such a breach or default (such harm being incapable or very difficult of accurate estimation), or (ii) xxx for specific performance. (b) In the event that Seller is in breach of default of this Agreement, and same remains uncured for a period of ten (10) days following notice thereof from Purchaser, Purchaser shall have the right to either: (i) purchase the Premises pursuant to this Agreement for the Purchase Price (and thereby waive the condition precedent, breach or default), (ii) terminate this Agreement by written notice delivered to Seller on or before the Closing Date, and thereafter have the Deposit Monies, together with any accrued interest, and the City Fee (as defined in the Redevelopment Agreement) immediately returned to it, and all of the obligations of the respective parties hereunder shall terminate including without limitation, that Seller shall have no liability to Purchaser for any expenses or other costs of any kind, including professional fees, surveys, due diligence expenses or other activities related to the subject purchase and/or redevelopment of the Premises (all or same hereafter collectively designated “Other Costs”); or (iii) compel specific performance of this Agreement against Seller; provided, however, that in no event may Purchaser seek monetary damages from Seller. (c) If Purchaser or Seller initiates a lawsuit under this Section 15, the prevailing party shall be entitled to court costs and reasonable attorneys’ fees. (d) Except as otherwise provided herein, the rights and remedies set forth in this Section 15 shall be the sole and exclusive rights and remedies of either party against the other without further recourse.
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REMEDIES FOR BREACH OR DEFAULT. If a Party fails to perform or breaches any of its obligations under this Agreement, then the non-defaulting Party shall be entitled to exercise all remedies available to it at law or in equity. The Parties acknowledge and agree that monetary damages may not be an adequate remedy at law for the failure of a Party to perform certain obligations under this Agreement (including without limitation the Parties’ obligations under Section 7), and under such circumstances, the non-defaulting Party shall have the right to specific performance by the defaulting Party of such obligations under this Agreement.
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REMEDIES FOR BREACH OR DEFAULT 
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Related to REMEDIES FOR BREACH OR DEFAULT

  • Remedies for Breach It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law: a. Cover/Substitute Performance In the event of Contractor's material breach that has not been cured within thirty (30) days following Contractor’s receipt of written notice of the material breach, the Commissioner may, with or without formally Bidding: (i) Purchase from other sources; or (ii) If the Commissioner is unsuccessful after making reasonable attempts, under the circumstances then-existing, to timely obtain acceptable service or acquire replacement Product of equal or comparable quality, the Commissioner may acquire acceptable replacement service or Product of lesser or greater quality. Such purchases may be deducted from the Contract quantity without penalty or liability to the State. The Commissioner agrees that Authorized Users shall accept allocated performance or deliveries during a period where Contractor is making good faith efforts to cure a material breach. b. Withhold Payment In any case where a reasonable question of material, uncured non-performance by Contractor arises, payment may be withheld in whole or in part at the discretion of the Commissioner. Should Contractor and the Commissioner fail to agree upon the question of “materiality” in an instance of non-performance, such failure to agree shall be a dispute under the Disputes clause. c. Bankruptcy In the event that the Contractor files, or there is filed against Contractor, a petition under the U.S. Bankruptcy Code during the term of this Centralized Contract, Authorized Users may, at their discretion, make application to exercise its right to set-off against monies due the Debtor or, under the Doctrine of Recoupment, be credited the amounts owed by the Contractor arising out of the same transactions.

  • Breach and Remedies for Breach The benefits associated with Sector membership will only accrue to the Members if each of them strictly complies with this Agreement. Each Member will make significant operational and financial commitments based on this Agreement, and any Member’s failure to fulfill any of its obligations under this Agreement could have significant adverse consequences for some or all other Members. Any failure by a Member to fulfill any of its obligations under this Agreement shall constitute a breach of this Agreement. Each Member shall be bound by the procedures set forth in this Section for determining whether a Member has breached this Agreement. The Sector shall be entitled to the remedies set forth in this Section if a Member is determined by the Sector to have breached this Agreement. Each Member shall take all actions and execute all documents the Manager deems necessary or convenient to give effect to the provisions of this Section.

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Master Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement.

  • Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund to LICENSEE any unearned license fees paid in advance.

  • Remedies for Breaches of This Agreement Section 8.1 Survival of Representations and Warranties

  • Remedies for Contractor Breach Pertaining to contract-related issues, it is the responsibility of both CMHA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. If the contractor is in material breach of the contract, CMHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

  • Remedies for Breach of Restrictive Covenant Executive has reviewed the provisions of this Agreement with legal counsel, or has been given adequate opportunity to seek such counsel, and Executive acknowledges that the covenants contained in this Section 7 are reasonable with respect to their duration, geographical area and scope. Executive further acknowledges that the restrictions contained in this Section 7 are reasonable and necessary for the protection of the legitimate business interests of the Company, that they create no undue hardships, that any violation of these restrictions would cause substantial injury to the Company and such interests, and that such restrictions were a material inducement to the Company to enter into this Agreement. In the event of any violation or threatened violation of these restrictions, the Company, in addition to and not in limitation of, any other rights, remedies or damages available to the Company under this Agreement or otherwise at law or in equity, shall be entitled to preliminary and permanent injunctive relief to prevent or restrain any such violation by Executive and any and all persons directly or indirectly acting for or with Executive, as the case may be. If Executive violates the Restrictive Covenant and the Company brings legal action for injunctive or other relief, the Company shall not, as a result of the time involved in obtaining such relief, be deprived of the benefit of the full period of the Restrictive Covenant. Accordingly, the Restrictive Covenant shall be deemed to have the duration specified herein computed from the date the relief is granted but reduced by the time between the period when the Restrictive Period began to run and the date of the first violation of the Restrictive Covenant by Executive.

  • REPRESENTATIONS AND WARRANTIES; REMEDIES FOR BREACH Section 3.01.

  • REMEDIES; NO WAIVER All rights, powers and remedies of Bank hereunder are cumulative. No delay, failure or discontinuance of Bank in exercising any right, power or remedy hereunder shall affect or operate as a waiver of such right, power or remedy; nor shall any single or partial exercise of any such right, power or remedy preclude, waive or otherwise affect any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver, permit, consent or approval of any kind by Bank of any breach of this Guaranty, or any such waiver of any provisions or conditions hereof, must be in writing and shall be effective only to the extent set forth in writing.

  • Cumulative Remedies; No Waiver The rights, powers, privileges and remedies of the Administrative Agent and the Lenders provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, privilege or remedy provided by Law or equity. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power, privilege or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of the same or any other right, power, privilege or remedy. The terms and conditions of Article 8 hereof are inserted for the sole benefit of the Administrative Agent and the Lenders; the same may be waived in whole or in part, with or without terms or conditions, in respect of any Borrowing without prejudicing the Administrative Agent’s or the Lenders’ rights to assert them in whole or in part in respect of any other Borrowing.

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