REMEDIES IN THE EVENT OF DEFAULT. If an Event of Default occurs, the Contractor shall be liable for all damages resulting from the default, including but not limited to:
a) lost revenues;
b) the difference between the cost associated with procuring Services hereunder and the amount actually expended by the County for re-procurement of Services, including procurement and administrative costs; and
c) such other direct damages. The Contractor shall also remain liable for any liabilities and claims related to the Contractor’s default. The County may also bring any suit or proceeding for specific performance or for an injunction.
REMEDIES IN THE EVENT OF DEFAULT. Where the Breaching Party commits a material breach of this Agreement (or of the Construction Contract as set out under subsections 15(C) or (D)), and:
(a) if except as set out herein such material breach continues beyond the allowable cure period after the receipt of written demand for cure of such breach by the Non-Breaching Party as set out in Section 15 hereof (or the allowable cure period under the Construction Contract); or (b) if such material breach cannot be cured within such period and the Breaching Party does not within such cure period start to cure the breach and thereafter proceed diligently with the cure thereof, then the Non-Breaching Party may terminate this Agreement and may recover its money damages caused by such material breach (including arbitration fees, court costs, litigation expenses, and reasonable attorney fees) on written notice and demand to the Breaching Party for payment. Such payment shall be without prejudice to any other right or remedy that the Non-Breaching Party may have against the Breaching Party under this Agreement, at law or in equity, including injunctive relief and rights of specific performance.
REMEDIES IN THE EVENT OF DEFAULT. Where the Breaching Party commits a material breach of this Agreement, and: (a) if except as set out herein such material breach continues beyond the allowable cure period after the receipt of written demand for cure of such breach by the Non-Breaching Party as set out in Section 14 hereof ; or (b) if such material breach cannot be cured within such period and the Breaching Party does not within such cure period start to cure the breach and thereafter proceed diligently with the cure thereof, then the Non-Breaching Party may terminate this Agreement and may recover its money damages caused by such material breach (including arbitration fees, court costs, litigation expenses, and reasonable attorney fees) on written notice and demand to the Breaching Party for payment. Such payment shall be without prejudice to any other right or remedy that the Non-Breaching Party may have against the Breaching Party under this Agreement, at law or in equity, including injunctive relief and rights of specific performance.
REMEDIES IN THE EVENT OF DEFAULT. If an Event of Default occurs, whether or not the County elects to terminate this Agreement as a result thereof, the Contractor shall be liable for all damages resulting from the default, irrespective of whether the County elects to terminate the Agreement, including but not limited to:
a) lost revenues;
b) the difference between the cost associated with procuring Services hereunder and the amount actually expended by the County for re-procurement of Services, including procurement and administrative costs; and
c) such other direct damages. The Contractor shall also remain liable for any liabilities and claims related to the Contractor’s default. The County may also bring any suit or proceeding for specific performance or for an injunction.
REMEDIES IN THE EVENT OF DEFAULT. In the event of a default by Lessee, during the term hereof, Lessor may, at Lessor’s option:
A. Retain deposit as liquidated damages;
B. Retain the full rental fee;
C. Collect a late payment fee of 10% per week or any part thereof that rental is past-due plus interest at ten and one-quarter percent (10.25%) or the highest rate allowed by law whichever is less;
D. Accelerate all rental fees causing all rental fees to become immediately due and payable; or
E. Declare this Agreement thereupon terminated. No delay in or failure to exercise any of the options herein granted to Lessor by reason of a default shall be a waiver thereof, and the waiver on one occasion of a default shall not be deemed a waiver of Lessor’s right to exercise its remedies by reason of the same or a similar default at any later occasion. All rights and remedies under this Agreement are cumulative, and the exercise by Lessor of one remedy shall not preclude the exercise of any other remedy at law, equity, or under the terms of this Agreement.
REMEDIES IN THE EVENT OF DEFAULT. (a) The following shall constitute an "Event of Default" hereunder: (i) Tenant fails to make payment of any installment of Rent or any Additional Rent or other sum payable by Tenant hereunder within ten (10) days after receipt of written notice of non-payment or (ii) Tenant fails to promptly or fully perform any other provision of this Lease on Tenant's part to be performed and fails to cure such failure within thirty (30) days after receipt of written notice, or if such breach cannot be cured within such thirty (30) day period, such longer period of time as may be reasonably required. Upon the occurrence of an Event of Default, Landlord shall have the option to pursue any one of the following remedies:
(i) Terminate this Lease and re-enter and retake possession by legal process, and declare immediately due and payable the entire amount of the Rent then remaining to be paid under this Lease for the balance of the lease term, adjusted to present value at six percent (6%) per annum, less the fair rentable value of the Premises for the balance of the term also adjusted to present value at the rate of six percent (6%) per annum; or
(ii) Terminate Tenant's right of possession without terminating this Lease and re-enter and retake possession by legal process, expel Tenant and remove all property therefrom and re-let the Premises for the Tenant's account and receive the rent therefrom. Landlord shall make reasonable efforts to re-let the premises to a responsible tenant at the best possible rent. Tenant shall thereafter be obligated to pay to Landlord an amount equal to the rent due under this Lease for the remaining term, less the amount of any rent from any substitute tenant, together with the Landlord's costs of re-letting including, without limitation, the alterations, redecorating and reasonable and customary real estate broker's fees and commissions. For purposes of this remedy, the parties agree that the statute of limitations for the Landlord's recovery of rent from Tenant shall not begin to run until the expiration of the original term of this Lease. No waiver by Landlord of any violation or breach of any of the terms, provisions and covenants of this Lease shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions and covenants herein contained. Forbearance by Landlord to enforce one or more of the foregoing remedies provided upon an event of default by Tenant shall not be deemed or construed to ...
REMEDIES IN THE EVENT OF DEFAULT. In the case of an event of default, as set forth above, Pledgee shall have the right to accelerate payment of the Note upon notice to Pledgor, and shall thereafter be entitled to pursue any or all of its remedies under applicable law, including, without limitation, (a) offsetting from Pledgor's salary, bonuses, vacation pay or other amounts due to Pledgor from the Pledgee, any amount due and payable by Pledgor under the Note, and/or (b) proceeding against the Collateral in accordance with the California Commercial Code.
REMEDIES IN THE EVENT OF DEFAULT. Upon the occurrence, and during the continuance of an Event of Default, the non-Defaulting Party may, by written notice to the Defaulting Party, terminate this Agreement.
REMEDIES IN THE EVENT OF DEFAULT. In the case of an event of default, as set forth above, the Company shall have the right to accelerate payment of the Note upon notice to Borrower, and shall thereafter be entitled to pursue any or all of its remedies under applicable law, including, without limitation, offsetting from Borrower's salary, bonuses, vacation pay or other cash payments due to Borrower from the Company, any amount due and payable by Borrower under the Note.
REMEDIES IN THE EVENT OF DEFAULT. The following occurrences shall constitute events of default under this Contract: Homeowner fails to pay any progress payment as it becomes due; Contractor fails to timely satisfy or bond-off a mechanic’s lien; and A party fails to perform any other duty or obligation undertaken herein within ten (10) days after receipt of written notice thereof from the other party. In the event of a default by Homeowner, Contractor shall, in addition and without limitation to all of the rights and remedies at law or in equity available to Contractor, at the sole option of Contractor, be entitled to elect one or more of the following remedies. In the event the Start of Construction has not occurred: To retain progress payments for work completed, any Construction and/or Initial Deposit as liquidated damages, it being agreed to by the parties that the actual damages which would be suffered by Contractor would be difficult or impossible to ascertain as of the date of execution of this Contract, that the amount of the proposed liquidated damages are reasonable and not so disproportionate as to constitute a penalty, and that the same is the true intention of the parties to this Contract; or To apply progress payments for work completed, any Construction and/or the initial deposit on the account of Homeowner and proceed with an action at law or in equity for damages for breach of contract. In the event the Start of Construction has occurred: Contractor may at its option continue to work toward the completion of the work, and be entitled to receive progress payments when due from Homeowner without the actions of Contractor in continuing toward the completion of the work acting as a waiver of any rights or remedies which Contractor may have under this Contract or at law or in equity, and without such actions otherwise being deemed as an admission by Contractor of any liability or any continuing obligation to complete the work. To this end, Contractor may at Contractor’s sole option and discretion elect at any time thereafter to discontinue Contractor’s efforts to complete the work as described within this subparagraph (i) and avail itself of any other right or remedy to which Contractor may be entitled at law or in equity or under the terms of this Contract including but not limited to the rights of Contractor to cease any further efforts to complete the work as described under subparagraph (ii) below. Contractor may cease any further efforts to complete the work and remove all ...
