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:
Remedies for Failure to Perform. (a) Upon the occurrence of an "Event of Default" as defined 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 promptly given by the Trustee to the Developer. A copy of such notice of acceleration shall be given to the Credit Enhancer, the Confirming Bank, the Agency and ADCC simultaneously with such notice to the Developer, and a demand for payment shall be made by the Trustee under the Credit Enhancement in an amount sufficient to pay principal of and interest on the Bonds to the date of payment therefor; provided, however, with respect to an Event of Default specified in Section 7.01(b) hereof, the Credit Enhancer, in accordance with the Intercreditor Agreement, shall be granted a period of fifteen (15) days in which to cure such Event of Default before the Trustee shall enforce the remedies available to it here under; and further provided, with respect to an Event of Default under Section 7.01(C) hereof, the Credit Enhancer, in accordance with the Intercreditor Agreement, shall be granted a period of thirty (30) days to cure such Event of Default, provided, however that if such default cannot reasonably be cured within such thirty (30) day period and the Credit Enhancer shall have commenced to cure such default within such thirty (30) day period and thereafter diligently and expeditiously proceeds to cure the same, such thirty (30) days period shall be extended for 50 long as it shall require Credit Enhancer in the exercise of due diligence to cure such default, including any period of time necessary to foreclose the Second Mortgage or otherwise obtain possession of the Development and the Land. To the extent that the Credit Enhancer fails to honor such draw in the full amount of such draw, under circum stances where the Credit Enhancement is confirmed by a Confirmation, the Trustee shall make a draw under the Confirmation in the full amount due on the Bonds. To the extent the Credit Enhancer and, if applicable, the Confirming Bank, fail to honor draws in the full amount of such draws, the Trustee shall then pursue the additional remedies available to it under the Indenture and otherwise pursuant to the laws of the State.
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 MigraTEC defaults in the performance of a Project EDS may, in its sole discretion, elect to (i) terminate the Project, return to MigraTEC all Development Documents and receive a refund from MigraTEC of all amounts paid to MigraTEC with respect to the Project, (ii) enter into a joint development effort with MigraTEC to complete the Project at no additional charge to EDS, (iii) extend the time for MigraTEC 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, MigraTEC shall provide to EDS all MigraTEC 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 MigraTEC's information. EDS may use the information as necessary in order to complete the Project.
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. 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.
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.
Remedies for Failure to Perform. If any party to this agreement defaults or fails to complete his obligations under this contract, then the other parties may, at their individual option, seek damages for such default or breach, or obtain specific performance of the agreement, from a court of competent jurisdiction. If any action is brought to enforce this contract, or any provision thereof, the prevailing party, whether plaintiff or defendant, shall be entitled to recover reasonable attorney fees, plus costs of suit.
