Remedies for Payment Default. If a Payment Default occurs, the Non-Defaulting Party may suspend performance of its obligations under this Agreement. Further, the Non-Defaulting Party may (A) at any time during the continuation of the Default Event, terminate 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.
Remedies for Payment Default. If a Payment Default occurs, the Non-Defaulting Party may suspend performance of its obligations under this Agreement; however, if Seller is the Non-Defaulting Party, it agrees not to disconnect the System and suspend delivery of Energy to Customer when school and/or summer school, or other educational programs are in session. Further, the Non- Defaulting Party may (A) at any time during the continuation of the Default Event, terminate this Agreement upon five 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.
Remedies for Payment Default. If a Payment Default occurs, Seller may suspend performance of its obligations under this Agreement. Further, Seller may pursue any remedy under this Agreement, at law or in equity, including without limitation an action for damages and termination of this Agreement. . In the event Seller elects to suspend performance, Purchaser shall compensate Seller for all Lost Seller Revenues for the duration of such suspension.
Remedies for Payment Default. In the event that Purchaser fails to make any payment as required in this Agreement other than pursuant to the set-off rights under Section 9.6 above, and after proper notice and an opportunity to cure the default as set forth below, the contractual rights as set forth in the SR Agreement shall revert back to a company, Register.sr, Inc., controllex xx xxx Xxllers as designated by the Sellers. Upon exercise of Sellers' reversion rights hereunder, Purchaser shall take reasonable measures to transfer the SR Agreement to Register.sr, Inc. Prior to xxx xxxxxxxon of contractual rights as described hereunder, Sellers shall provide Purchaser with notification of default and will further provide Purchaser thirty (30) days from the date upon which the notice is sent by Sellers to cure the default. In the event of a reversion under this Section 9.7, any and all liabilities and Losses for any and all breaches by or claims against Purchaser under this Agreement, including pursuant to Purchaser's indemnification obligations under Section 9.3 of this Agreement, shall be fully satisfied by such reversion and Purchaser shall have no further liability under this Agreement thereafter; provided, however, Sellers may continue to recover the Purchase Price, payment of which shall be deemed accelerated and immediately due and owing in its entirety upon default of the Purchaser as set forth herein.
Remedies for Payment Default. Upon the occurrence of any Base Rent Payment Default, Security Deposit Payment Default, Purchase Price Payment Default or Bankruptcy Default (collectively, the "PAYMENT DEFAULT") and at any time thereafter so long as Tenant shall not have remedied all outstanding Payment Defaults, Landlord may do one or more of the following as Landlord may in its sole discretion elect (provided, that with respect to any Base Rent Payment Default or Purchase Price Payment Default, so long as Tenant satisfies the Minimum Coverage Ratio, Landlord may only exercise the remedies set forth below with respect to the Premises to which such Base Rent Payment Default or Purchase Price Payment Default relates):
Remedies for Payment Default. If a Payment Default occurs (other than an amount that is subject to a good faith dispute), a Non-Defaulting Party may suspend performance of its obligations under this Agreement. Further, a Non-Defaulting Party may pursue any remedy under this Agreement, at law or in equity, including an action for damages (not including consequential or punitive damages) and termination of this Agreement, upon ten (10) days’ prior written notice to the Defaulting Party following the Payment Default; provided, however, the Defaulting Party may revoke such termination if it pays the amount due and payable under this Agreement within such ten (10) day period. For the avoidance of doubt, this expressly includes any damages resulting from DOER 225 CMR 20.06.
