Remedies of Grantee. (a) At any time and from time to time until the termination of the Production Payment, if Grantor shall fail to perform or observe any of the covenants or agreements provided herein or in the Conveyance to be performed or observed by Grantor, Grantee (or Grantee's designee), in addition to Grantee's right to recover damages and all other remedies available to Grantee at law or in equity, may, if such failure shall continue unremedied after five (5) business days after written notice thereof is delivered to Grantor:
Remedies of Grantee. At any time and from time to time until the termination of the Production Payment, if Grantor shall fail to perform or observe any of the covenants or agreements provided herein, the Purchase Agreement or in the Conveyance to be performed or observed by Grantor, Grantee, in addition to Grantee's right to recover damages and all other remedies available to Grantee at law or in equity, may, if such failure shall continue unremedied after 45 days after written notice thereof is delivered to Grantor:
Remedies of Grantee. Upon an Event of Default under this Deed of Trust, the Note or any other document or instrument now or hereafter additionally securing the Obligations, Grantee may, at its option and without notice or demand to Grantor, take immediate possession of the Mortgaged Premises and Chattel Property, with or without appointment of a receiver or application thereof, perform or cause to be performed any and all of the work and labor necessary to complete any improvements, being constructed on the Mortgaged Premises substantially in accordance with the plans and specifications thereof and may employ watchmen to protect the Mortgaged Premises from depreciation or injury. Grantee, at its option, may also use all drawings, specifications, computations, sketches, test data, survey results, models, photographs, renderings and other material relating to any such improvements. Grantee may, at its option, advance the proceeds of the loan evidenced by the Note or any part thereof to any contractor, subcontractor or any person furnishing labor, material, fixtures or equipment in connection with any such improvements on the Mortgaged Premises. In the event the improvements have been completed at the time Grantee takes possession of them, Grantee may either sell the same either in its own name or in the name of Grantor, and receive the issues, sale proceeds and profits thereof, as the case may be, and apply the same, after payment of all necessary charges and expenses including commissions for marketing, collection or management services, to the indebtedness secured by this Deed of Trust. Said issues, sale proceeds and profits, as the case may be, are hereby assigned to Grantee and Grantor hereby grants Grantee a security interest in all of Grantor's right, title and interest in the same. To implement the rights of Grantee hereunder, Grantor hereby irrevocably appoints Grantee its true and lawful attorney‑in‑fact, with full power of substitution in the premises and upon the occurrence of an Event of Default to complete any improvements being constructed on the Mortgaged Premises, to deal with any contractor, architect, subcontractor or engineer for any and all purposes in connection therewith in the name of Grantor, to pay all bills and expenses incurred thereby and Grantor hereby empowers Grantee as attorney‑in‑fact to act for Grantor as follows: (i) to use any funds of Grantor, including the balance of the loan proceeds, as the same is evidenced by the Note, for the purpose of...
Remedies of Grantee. Grantee shall have all remedies available to it at law or equity and Grantor agrees that money damages shall be insufficient compensation to Grantee for any breach by Grantor. It is further understood and agreed that in the event Grantor is found to have materially violated any of its obligations hereunder, Grantor shall reimburse Grantee for any and all actual costs or expenses incurred in connection with enforcing this Easement, including Court costs and reasonable architect’s and attorney’s fees. It is understood and agreed that one of Grantee’s remedies is the right to require Grantor to restore the Building and Open Space to the condition required by this Easement. The exercise by Grantee of one remedy and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. Furthermore, Grantor and Grantee agree that there shall be no personal liability of Grantor for any of the obligations hereunder, and Grantor’s liability shall be limited to Grantor’s interest in the Building and Open Space.
Remedies of Grantee. Upon the occurrence of an Event of Default, the entire unpaid Indebtedness shall, at the option of Grantee, become immediately due and payable for all purposes without any notice or demand, except as required by law, (ALL OTHER NOTICE OF THE EXERCISE OF SUCH OPTION, OR OF THE INTENT TO EXERCISE SUCH OPTION, BEING HEREBY EXPRESSLY WAIVED), and Grantee may do any one or more of the following:
Remedies of Grantee. Upon the occurrence of an Event of Default, the entire unpaid Indebtedness shall, at the option of Grantee, become immediately due and payable for all purposes without any notice or demand, except as required by law, (ALL OTHER NOTICE OF THE EXERCISE OF SUCH OPTION, OR OF THE INTENT TO EXERCISE SUCH OPTION, BEING HEREBY EXPRESSLY WAIVED), and Grantee may, in addition to exercising any rights it may have with respect to the Personal Property under the Uniform Commercial Code of the jurisdiction in which the Property is located, to the extent permitted by applicable law, do any one or more of the following:
Remedies of Grantee. Mortgage and Security Interest . . . . . . . . . . . . 12 16.
Remedies of Grantee. Mortgage and Security Interest. At any time and from time to time until the termination of the Production Payment, if Grantor shall fail to perform or observe any of the covenants or agreements provided herein or in the Conveyance to be performed or observed by Grantor, Grantee, in addition to Grantee's right to recover damages and all other remedies available to Grantee at law or in equity, may, if such failure shall continue unremedied after 45 days after written notice thereof is delivered to Grantor:
Remedies of Grantee. Upon the occurrence of an Enforcement Event, Grantee may, without notice to or demand upon Grantor, declare this Instrument to be in default, and, in addition to all other rights and remedies at law or in equity available to Grantee or as otherwise provided for in the Intercreditor Agreement or the Indentures, to the extent permitted by applicable law, the following provisions shall apply:
Remedies of Grantee. Grantee shall have all remedies available to it at law or equity including, without limitation, (a) the right to commence legal proceedings to seek specific performance of the terms of this Easement, to enjoin any breach of this Easement by temporary and/or permanent injunction, and/or to require the restoration of the Building and Open Space to the condition required by this Easement; and (b) the right to (i) enter upon the Property in order to correct any breaches, (ii) hold Grantor responsible for the cost thereof, and (iii) obtain a judgment against Grantor for the cost of all labor performed and materials furnished to complete such improvements. Grantor agrees that money damages shall be insufficient compensation to Grantee for any breach of the Easement and Grantee shall not be obligated to prove either actual damages or the inadequacy of otherwise available legal remedies. Grantor shall reimburse Grantee for all reasonable costs and attorneys’ fees. The exercise by Grantee of one remedy and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time.
