Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement or suspend its performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damages. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event. If Lessee terminates this contract without cause prior to System installation a five thousand dollar ($5,000) design cancellation fee shall also apply in addition to any other remedy available to Lessor.
Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non- Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement or suspend its performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, including an action for damages. Nothing herein shall limit either Party’s right to collect damages upon the occurrence of a breach or a default by the other Party that does not become a Default Event.
Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Party may pursue any remedy under this Agreement, at law or in equity, including without limitation an action for damages and termination of this Agreement or suspension of performance of its obligations under this Agreement. Nothing herein shall limit either Party’s right to seek to collect damages, in accordance with and subject to all other applicable terms and conditions set forth in this Agreement with respect to damages and liability generally, upon the occurrence of a breach or a default by the other Party that does not become a Default Event. In the event Seller elects to suspend performance while Purchaser is in Default, Purchaser shall compensate Seller for all Lost Seller Revenues for the duration of such suspension.
Remedies for Other Defaults. In the event of any Other Default, the City shall be entitled to pursue all other legal and equitable remedies against Club, whether or not such other remedies are specifically set forth in this Agreement, including specific performance and injunctive relief.
Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non-Defaulting Party may pursue any remedy under this Agreement, at law or in equity, including an action for damages and termination of this Agreement or suspension of performance of its obligations under this Agreement, upon five (5) days prior written notice to the Defaulting Party.
Remedies for Other Defaults. In the event of any Other Default, the PFD shall be entitled to pursue all other legal and equitable remedies against Club, whether or not such other remedies are specifically set forth in this Agreement; provided, however, that any damages or money judgment obtained in any such legal or equitable proceedings shall not exceed the amount of liquidated damages that the PFD would have been entitled to receive pursuant to Section 4.2(a) in connection with any Non-Relocation Default. All such other legal and equitable remedies are cumulative and may be exercised concurrently, successively or in any order.
Remedies for Other Defaults. In the event that Purchaser shall default in its obligations hereunder in a material respect, other than as set forth in Section 13.4, subject to the provisions of Section 13.5, Seller/Owner may either: (i) terminate this Contract with respect to the affected Seller Resort, or (ii) avail itself of any other remedy pursuant to applicable law or in equity subject, in the case, of both clause (i) and (ii) to Seller's and Purchaser's respective rights and obligations at all other Seller Resorts.
Remedies for Other Defaults. On the occurrence of a Default Event other than a Payment Default, the Non- Defaulting Party may pursue any remedy under this Agreement, at law or in equity, including an action for damages and termination of this Agreement or suspension of performance of its obligations under this Agreement, upon fifteen (15) days’ prior written notice to the Defaulting Party following the occurrence of the Default Event. This date shall constitute the “Early Termination Date.” A Party’s election to pursue the remedy provided in this Section 12(b) is not intended to be exclusive and does not prevent Client from seeking any damages and remedies at law or in equity, subject to Section 12(b)(iii) below.
