Remedies for Events of Default. Upon the occurrence of an Event of Default that has not been waived in writing by the Non-Defaulting Party, the Non-Defaulting Party shall have all of the following rights and remedies in addition to the rights and remedies specified in Section 19 above, which may be exercised in such order or combination as such Non-Defaulting Party may determine: (i) terminate this Agreement, or (ii) subject to the limitations set forth in Section 8(c) of the Master Agreement (relating to consequential damages), pursue any other remedies available at law or in equity.
Appears in 4 contracts
Samples: Corn Supply Agreement (BioFuel Energy Corp.), Corn Supply Agreement (BioFuel Energy Corp.), Corn Supply Agreement (BioFuel Energy Corp.)
Remedies for Events of Default. Upon the occurrence of an Event of Default that has not been waived in writing by the Non-Defaulting Party, the Non-Defaulting Party shall have all of the following rights and remedies in addition to the rights and remedies specified in Section 19 12.3(a) above, which may be exercised in such order or combination as such Non-Defaulting Party may determine: (i) terminate this Agreement, or (ii) subject to the limitations set forth in Section 8(c) of the Master Agreement (relating to consequential damages), pursue any other remedies available at law or in equity.
Appears in 2 contracts
Samples: Ethanol Marketing Agreement (BioFuel Energy Corp.), Ethanol Marketing Agreement (BioFuel Energy Corp.)
Remedies for Events of Default. Upon the occurrence of an Event of Default that has not been waived in writing by the Non-Defaulting Party, the Non-Defaulting Party shall have all of the following rights and remedies in addition to the rights and remedies specified in Section 19 11.3(a) above, which may be exercised in such order or combination as such Non-Defaulting Party may determine: (i) terminate this Agreement, or (ii) subject to the limitations set forth in Section 8(c) 9 of the Master Agreement (relating to consequential damages), pursue any other remedies available at law or in equity; provided, however, that such Party shall not be allowed to Suspend Performance except as set forth in this Agreement or the Master Agreement.
Appears in 2 contracts
Samples: Distillers Grains Marketing Agreement (ASAlliances Biofuels, LLC), Form of Ethanol Marketing Agreement (ASAlliances Biofuels, LLC)
Remedies for Events of Default. Upon the occurrence of an Event of Default that has not been waived in writing by the Non-Defaulting Party, the Non-Defaulting Party shall have all of the following rights and remedies in addition to the rights and remedies specified in Section 19 11.3(a) above, which may be exercised in such order or combination as such Non-Defaulting Party may determine: (idetermine:(i) terminate this Agreement, or (ii) subject to the limitations set forth in Section 8(c) of the Master Agreement (relating to consequential damages), pursue any other remedies available at law or in equity.
Appears in 1 contract
Samples: Distillers Grains Marketing Agreement (BioFuel Energy Corp.)
Remedies for Events of Default. Upon the occurrence of an Event of Default that has not been waived in writing by the Non-Defaulting Party, the Non-Defaulting Party shall have all of the following rights and remedies in addition to the rights and remedies specified in Section 19 10.3(a) above, which may be exercised in such order or combination as such Non-Defaulting Party may determine: (i) terminate this Agreement, or (ii) subject to the limitations set forth in Section 8(c) 9 of the Master Agreement (relating to consequential damages), pursue any other remedies available at law or in equity; provided, however, that such Non-Defaulting Party shall not be allowed to Suspend Performance except as set forth in this Agreement or the Master Agreement.
Appears in 1 contract
Samples: Form of Corn Supply Agreement (ASAlliances Biofuels, LLC)
Remedies for Events of Default. Upon the occurrence of an Event of Default that has not been waived in writing by the Non-Defaulting Party, the Non-Defaulting Party shall have all of the following rights and remedies in addition to the rights and remedies specified in Section 19 11.3(a) above, which may be exercised in such order or combination as such Non-Defaulting Party may determine: (i) terminate this Agreement, or (ii) subject to the limitations set forth in Section 8(c) of the Master Agreement (relating to consequential damages), pursue any other remedies available at law or in equity.
Appears in 1 contract
Samples: Distillers Grains Marketing Agreement (BioFuel Energy Corp.)
Remedies for Events of Default. Upon the occurrence of an Event of Default that has not been waived in writing by the Non-Defaulting Party, the Non-Defaulting Party shall have all of the following rights and remedies in addition to the rights and remedies specified in Section 19 11.3(a) above, which may be exercised in such order or combination as such Non-Defaulting Party may determine: (i) terminate this Agreement, or (ii) subject to the limitations set forth in Section 8(c) 9 of the Master Agreement (relating to consequential damages), pursue any other remedies available at law or in equity; provided, however, that such Party shall not be allowed to Suspend Performance except as set forth in this Agreement or the Master Agreement. [The next page is the signature page.]
Appears in 1 contract
Samples: Ethanol Marketing Agreement