Remedies for Failure to Perform. If a party to this Agreement defaults or fails to complete his/her obligations under this Agreement, then the offended party may, at his/her option, seek damages, or obtain specific performance of the Agreement from a court of competent jurisdiction.
Remedies for Failure to Perform. If Chordiant defaults in the performance ------------------------------- of a Project EDS may, in its sole discretion, elect to (i) terminate the Project, return to Chordiant all Development Documents and receive a refund from Chordiant of all amounts paid to Chordiant with respect to the Project, (ii) enter into a joint development effort with Chordiant to complete the Project at no additional charge to EDS, (iii) extend the time for Chordiant performance at no additional charge to EDS, (iv) continue development itself or in connection with a third party, and/or (v) terminate the Project. The foregoing remedies do not constitute exclusive remedies. In the event EDS elects to continue development efforts itself, or to continue development efforts with the involvement of a third party, Chordiant shall provide to EDS all Chordiant proprietary or other information reasonably required to complete such development. EDS agrees that any third parties pursuing such development with EDS shall agree to comply with non-disclosure and confidentiality provisions to protect Chordiant's information. EDS may use the information as necessary in order to complete the Project.
Remedies for Failure to Perform. (a) Upon the occurrence of an Event of Default specified in Section 4.1 above, the Trustee may exercise one or more of the following remedies subject in all respects to the provisions relating thereto in the Indenture:
(i) through its duly authorized agents, have access to and inspect, examine and make copies of, the books, records and accounts of the Borrower;
(ii) upon any required court approval, assume possession and management of the Facility;
(iii) petition a court of competent jurisdiction for the appointment of a receiver to take possession of and manage and operate the Facility in conformity with the provisions of this Restriction Agreement;
(iv) take whatever action at law or in equity may appear necessary or desirable to enforce observance or performance of any covenant, condition or agreement of the Borrower under this Restriction Agreement and to collect the amounts then due and thereafter to become due consistent with the obligations of the Borrower under this Restriction Agreement; or
(v) exercise any remedy available to the Trustee or the Issuer hereunder.
(b) Upon the receipt of notice of noncompliance pursuant to Section 4.1 hereof, the Trustee may but need not take one or more of the following actions as it so reasonably determines to be necessary or appropriate to protect the interests of the Bondholders hereunder:
(i) notify the Borrower that with the passage of time the noncompliance may result in an Event of Default; and
(ii) direct the Borrower to take such steps as necessary to correct the noncompliance in a timely fashion.
Remedies for Failure to Perform. (a) Upon the occurrence of an Event of Default as provided in Section 7.01(a), (b), (c), (d) and (g) above, all amounts due under this Agreement shall be immediately due and payable and the date of payment thereof shall be as specified in a notice of acceleration which shall be given promptly by the Trustee to the Owner. A copy of such notice of acceleration shall be given to the Guarantor simultaneously with such notice to the Owner, and a demand for payment shall be made by the Trustee under the Guaranty Agreement in an amount sufficient to pay principal of and interest on the Bonds to the date of payment thereof.
(b) Upon the occurrence of an Event of Default as provided in Section 7.01(h) above, all amounts due under this Agreement shall be immediately due and payable if the Trustee receives written direction from the Guarantor to accelerate such amounts, and the date of payment thereof shall be as specified in a notice of acceleration which shall be given promptly by the Trustee to the Owner. A copy of such notice of acceleration shall be given to the Guarantor simultaneously with such notice to the Owner, and a demand for payment shall be made by the Trustee under the Guaranty Agreement in an amount sufficient to pay principal of and interest on the Bonds to the date of payment thereof.
(c) Upon the occurrence of an Event of Default specified in Section 7.01(c), (g) or (h) hereof, if the action or non-action which resulted in such Event of Default is cured by or on behalf of the Owner prior to the time the notice of acceleration of the Bonds is given by the Trustee, and if, as to Section 7.01(c), the Trustee receives an opinion of Bond Counsel to the effect that, following such cure and assuming no recurrence of such default, no material risk exists that interest on the Bonds will be subject to federal income taxation, then the acceleration of all amounts due under this Agreement shall be rescinded, the demand on the Guarantor shall be deemed to be null and void and the parties shall be restored to the same position as though no such Event of Default had occurred; provided, that any acceleration caused by the Event of Default specified in Section 7.01(h) above shall not be rescinded except upon receipt by the Trustee of written instructions to such effect from the Guarantor.
(d) Upon the occurrence of an Event of Default specified in paragraphs (a), (b) and (d) above, if there is paid to or deposited with the Trustee, prior to the time the notice of ...
Remedies for Failure to Perform. In the event any of the Inducers or the Company fail to meet any obligation set forth herein for any reason (subject to force majeure, as provided herein), the Company or Inducers may proceed against such party, but only against that party, in such manner as it determines advisable, either at law or in equity, including, but not limited to, suits for specific performance or damages (excluding consequential damages). The Company shall not be obligated to proceed with the construction of the Project by reason of the failure of one or more of the Inducers to fulfill any of its or their material obligations under the Inducement Package, and the Company shall not be liable for any costs or losses incurred by any other Inducer in its endeavor to fulfill its obligations under the Inducement Package. For purposes of this Section 5, the term "material obligations" shall mean the availability of the proceeds of the Impact Bonds and the County Bonds and the exercise by the MBFC of all appropriate procedural requirements in connection with the issuance of the RED Bonds and the availability of the tax incentives reference in paragraphs 1, 2, 4 and 5 of the "Tax Benefits" section of the Inducement Package and paragraphs 2 and 5 of the "Other Tax Benefits" section of the Inducement Package. The Company agrees that if the proceeds of the Impact Bonds are expended as set forth in the Inducement Package, the Company will reimburse the MDECD the following amounts if the Company fails to meet the following standards and the MDECD demands such reimbursement (or funding as provided in IA below):
Remedies for Failure to Perform. Upon the occurrence of a failure of the Obligor to perform as provided in Section 9.1 and Section 8.01 of the Bond Indenture, hereof, the Bond Trustee, as assignee of the Issuer, upon compliance with all applicable law and the terms and provisions of the Bond Indenture, may take any one or more of the following actions:
(a) by mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Issuer, and require the Obligor to carry out any agreements with or for the benefit of the Bondholders and to enforce performance and observance of any duty, obligation, agreement or covenant of the Obligor under the Act or this Loan Agreement; or
(b) by action or suit in equity require the Obligor to account as if it were the trustee of an express trust for the Issuer; or
(c) by action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the Issuer;
(d) upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the Bond Trustee and the Bondholders, have appointed a receiver or receivers of the Trust Estate upon a showing of good cause with such powers as the court making such appointment may confer; or
(e) by mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Bond Trustee and the Bondholders, and require the Issuer to carry out the agreement with or for the benefit of the Bondholders and to perform its or their duties under the Act or the Bond Indenture; or
(f) direct the [Trustee] as beneficiary of the Deed of Trust to direct the trustee under the Deed of Trust to foreclose on, or exercise such other rights available under, the Deed of Trust.
Remedies for Failure to Perform. Subject to Section 12.2(c), Operator shall reimburse Owner for Power Scheduling Damages incurred by Owner as a result of Operator’s for failure to comply with the notification requirements of this Section 10.2; provided that Owner shall take commercially reasonable efforts to mitigate such Power Scheduling Damages. With respect to each occurrence of Owner incurring Power Scheduling Damages as a result of Operator failing to perform its notification obligations under this Section 10.2, Owner shall provide Operator notice of Power Scheduling Damages as soon as is practical after all costs are known but not later than twelve (12) months following the date of Operator’s failed performance causing such Power Scheduling Damages.
Remedies for Failure to Perform. If a provider fails to give the promised availability, a provider should compensate consumers in good faith with a service credit for future use of cloud services. Service credits can be computed in different ways, but are usually determined by how long the service was unavailable within a specific billing period. Service credits are generally capped not to exceed a percentage of a consumer’s costs in the billing period in which downtime occurred. Typical caps range from 10% to 100% of a consumer’s current costs, depending on the provider. Responsibility for obtaining a service credit is generally placed on the consumer, who must provide timely information about the nature of the outage and the time length of the outage. It is unclear whether a provider will voluntarily inform a consumer of a service disruption. None of the providers recently surveyed (in their standard service agreements) offer a refund or any other remedy for failure to perform; however, all providers should understand that a poor reputation to perform offers few long- term business benefits.
Remedies for Failure to Perform. 11.1 In light of the relationship between the Bank and the Defendants and between Electropure and EDI, and their prior interactions, Electropure and EDI acknowledge that a material portion of the consideration for this Agreement received by the Bank is their promise to perform the terms of this Agreement to the letter. Any failure by Electropure or EDI to perform any term of this Agreement as expressly agreed to herein shall constitute a material breach of the entire Agreement, and shall entitle the Bank to invoke and rely upon any of the provisions or remedies set forth below. The parties further acknowledge that time is of the essence in this Agreement.
11.2 In addition to any rights the Bank may have under any paragraph contained herein, in the event of any Uncured Default by Electropure or EDI, the Bank shall have the right to revoke this Agreement.
11.3 If the Bank revokes this Agreement under paragraph 11.2 above, it shall provide all parties to this Agreement with a written
Remedies for Failure to Perform. In the event VENDOR fails to perform within the requirements and criteria established herein, the CITY shall be entitled to a credit adjustment equal to a portion of the then current monthly maintenance charge for products and services under this Agreement. Calculation of the credit adjustment shall be as follows:
