Remedies for Defaults. (a) In the event Customer defaults under this Agreement, ConEdison Solutions:
(i) may, subject to the Resolution of Disputes and Choice of Law provisions in Section 13, bring actions for any remedies available at law or in equity or other appropriate proceedings for the recovery of direct damages, (including amounts past due); and
(ii) without recourse to legal process, ConEdison Solutions may terminate this Agreement by delivery of written notice of termination.
(b) In the event ConEdison Solutions defaults under this Agreement, Customer may terminate this Agreement and avail itself to any all remedies in law or equity allowed and/or not disallowed by this Agreement.
(c) In no event shall Contractor's failure to complete the Scope of Services by the end of the Construction Period be construed as an event of default under Section 26(b), if such delay is for reasons attributable to the Customer.
Remedies for Defaults. Remedies for delinquent loan repayment and other events of default shall be limited to those set forth in the loan agreement. Events of default shall include non-compliance with any of the terms of the loan agreement. No delay or omission to exercise any right or power accruing upon an event of default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein.
Remedies for Defaults. Upon the occurrence of any one or more events of default, Landlord, at his option may terminate all rights of Tenant thereunder, unless Tenant, within said time shall cure such default. If Tenant abandons or vacates the premises while in default, Landlord may re-enter the premises to remove fixtures or chattels therefrom, and Landlord may consider the fixtures or chattels therefrom abandoned, and may dispose or discard of the same in any manner allowed by the law and shall not be liable for any damages resulting therefrom; all chattels on the premises shall be subject to a lien for the benefit of Landlord securing the payment of all sums due hereunder, to the maximum extent allowed by the law; upon happenings of any one or more of the above-mentioned events of default, Landlord may elect to continue the lease in effect and enforce all his rights and remedies hereunder, including the right to recover the rental payments as it becomes due or at any time, terminate all of Tenant's rights hereunder and recover from Tenant all damages he may incur by reason of the breach of the lease, including the cost of recovering the premise, and including the worth at the time of such termination, or at the time of an award if suit be instituted to enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds the amount of such rental loss which the Tenant proves could be reasonably avoided.
Remedies for Defaults. (a) In the event Customer defaults under this Agreement, Ameresco may:
(i) bring actions for any remedies available at law or in equity or other appropriate proceedings for the recovery of direct damages (including amounts past due), and/or bring an action in equity for specific performance; or
(ii) without recourse to legal process, Ameresco may terminate this Agreement by delivery of written notice of termination consistent with the notice provisions in Section 24 below.
(b) In the event Ameresco defaults under this Agreement, Customer may terminate this Agreement and bring an action in law for direct damages.
Remedies for Defaults. If an Event of Default occurs with respect to either Party at any time during the term of this Confirmation, the non-Defaulting Party may (a) designate a day, no earlier than the day such notice is effective and no later than twenty (20) calendar days after such notice is effective, as an early termination date (“Early Termination Date”) to liquidate and terminate this Confirmation; (b) withhold any payments due in respect of this Confirmation or suspend performance under this Confirmation; and (c) exercise such other remedies as may be available at law or in equity or as otherwise provided in this Confirmation.
Remedies for Defaults. Upon the occurrence of a (i) Haverhill Payment Default for which Haverhill fails to provide reasonable assurances to Sunoco in respect of further payments by Haverhill to Sunoco under this Agreement, or (ii) Haverhill Performance Default which remains uncured, Sunoco may terminate this Agreement upon Written notice and shall have no obligation to pay the Steam Capacity Reservation Fee for the remainder of the Term. In the event of a termination under this section 10.1.3, Haverhill shall pay Sunoco as Sunoco’s sole remedy the sum of (y) any amounts due by Haverhill to Sunoco under this Agreement as of the effective date of its termination, which shall be due and payable upon the date of the termination; plus (z) seventeen million three hundred sixty thousand dollars ($17,360,000.000).
Remedies for Defaults. In the event of any material default or breach of this Lease by Xxxxxx, Landlord at its option, may:
a. terminate this Lease upon and by giving written notice of termination to Tenant; or
b. exercise with or without process of law and without thereby incurring any liability to Tenant and without such remedies constituting an eviction of Tenant or termination of this Lease, at any time after such material default or breach without notice or demand additional to that provided in Section 22 hereof, and without limiting Landlord in the exercise of any other right of remedy which Landlord may have by reason of such default of breach, any one or more of the remedies hereinafter provided in this Section 23 or as otherwise provided by law:
c. Landlord may deny Tenant access to the Premises;
d. Landlord may enter the Premises and take possession of the Premises and all personal property of every kind on the Premises;
e. Landlord may remove such personal property from the Premises and deposit such personal property at the reasonable cost and expense of Tenant in a storage warehouse in the county in which the Premises are located;
f. Landlord may, if Tenant shall fail to pay all charges and damages resulting from such material default or breach within thirty (30) days of such material default or breach, sell such property found in the Premises. Landlord shall apply the proceeds of such sale against the Rent due hereunder and the expenses which Landlord may have reasonably incurred as a result of such material default or breach by Tenant;
g. Landlord may at any time and from time to time relet the Premises or any part thereof for the account of Tenant for such terms, upon such conditions and for such rental as are commercially reasonable in light of the then prevailing circumstances. Landlord shall receive and collect the rent against such expenses as Landlord may have incurred in recovering possession of the Premises in place the same in good order and condition, and such other reasonable expenses, commissions and charges including attorneys' fees, which Landlord may have paid or incurred in connection with such repossession and relating, and then shall apply such rent against the rent due hereunder. All of such remedies (whether provided herein or by law) shall be cumulative and not exclusive.
Remedies for Defaults. (a) In the event Customer defaults under this Agreement, Ameresco may:
(i) bring actions for any remedies available at law or in equity or other appropriate
(ii) require Customer to pay (and Customer agrees that is shall pay) all out-of-pocket costs and expenses incurred by Ameresco as a result (directly or indirectly) of the event of default and/or Ameresco’s actions under this Agreement, including, without limitation, any attorneys fees and expenses and all costs related to the repossession, safekeeping, storage, repair, reconditioning or disposition of any ECMs; or
(iii) without recourse to legal process, Ameresco may terminate this Agreement by delivery of written notice of termination.
(b) In the event Ameresco defaults under this Agreement, Customer may terminate this Agreement and bring an action in law for direct damages.
Remedies for Defaults. (a) In the event Customer defaults under this Agreement, Ameresco may:
(i) bring actions for any remedies available at law or in equity or other appropriate proceedings for the recovery of direct damages, (including amounts past due), and/or bring an action in equity for specific performance; or
(ii) without recourse to legal process, Ameresco may terminate this Agreement by delivery of written notice of termination.
(b) In the event Ameresco defaults under this Agreement, Customer may:
(i) bring actions for any remedies available at law or in equity or other appropriate proceedings for the recovery of direct damages, and/or bring an action in equity for specific performance; or
(ii) without recourse to legal process, Customer may terminate this Agreement by delivery of written notice of termination.
Remedies for Defaults. 29 ARTICLE 13 Provisions for the Resolution of Objections to Proofs of Claim.................................29 13.1 Right to Object to Claims......................................................................29 13.2 Deadline for Objecting to Claims...............................................................30 13.3 Deadline for Responding to Claim Objections....................................................30 13.4 Estimation of Claims...........................................................................30 ARTICLE 14
