Remedies of Parties. If any Party receives a Notice of Breach from the other Party regarding a non-monetary Breach, and the non-monetary Breach remains uncured: (a) after expiration of all applicable notice and cure periods, and (b) in the case of a Breach by Developer, after the expiration of Secured Lender’s Cure Period under Section 12.1 (if a Secured Lender of Developer has delivered a Request for Notice to the City in accordance with Section 12.1), then an “Event of Non-Monetary Default” shall have occurred and the non-defaulting Party shall have available any right or remedy provided in this Agreement, or provided at law or in equity except as prohibited by this Agreement. All of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election in respect to any other available remedy.
Remedies of Parties. A. If BUYER fails to timely perform this Agreement, SELLER may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at SELLER’S option, upon thirty (30) days written notice of intention to accelerate the payment of the entire balance because of BUYER’S default (during which thirty days the default is not corrected), SELLER may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver.
B. If SELLER fails to timely perform this Agreement, BUYER has the right to have all payments made returned to it and declare this Agreement null and void.
C. BUYER and SELLER are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall be entitled to obtain judgment for costs and attorney fees.
Remedies of Parties. If any Party receives a Notice of Breach from the other Party regarding a non-monetary Breach, and the non-monetary Breach remains uncured: (a) after expiration of all applicable notice and cure periods; and
Remedies of Parties. If any Party receives a Notice of Breach from the other Party regarding a non-monetary Breach, and the non-monetary Breach remains uncured: (a) after expiration of all applicable notice and cure periods, and (b) in the case of a Breach by MINI of Santa Xxxxxx, after the expiration of Secured Lender’s Cure Period under Section 12.1 (if a Secured Lender of MINI of Santa Xxxxxx has delivered a Request for Notice to the City in accordance with Section 12.1), then an “Event of Non- Monetary Default” shall have occurred and the non-defaulting Party shall have available any right or remedy provided in this Agreement, or provided at law or in equity except as prohibited by this Agreement. All of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election in respect to any other available remedy.
Remedies of Parties. A. In the event of a dispute over the performance or alleged non-performance or breach of this agreement each party agrees to engage in mediation prior to the filing of any action for its enforcement.
B. In the event disputes remain unresolved after reasonable efforts at mediation, each party may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California.
C. Venue of all proceedings shall be in Sacramento County, California.
D. Each party shall bear their own attorney fees and costs incurred in the exercise of the remedies provided by this Agreement.
Remedies of Parties. A. If BUYERS fail to timely perform this Agreement, SELLERS may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at SELLERS option, upon thirty days written notice of intention to accelerate the payment of the entire balance due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver.
B. If SELLERS fail to timely perform this Agreement, BUYERS have the right to have all payments made returned to them.
C. BUYERS and SELLERS are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall be entitled to obtain judgment for costs and attorney fees.
Remedies of Parties. 16.01. If this Agreement becomes effective and Buyer, having no right or option to terminate this Agreement, fails to complete the purchase as provided in this Agreement, BUYER SHALL PAY TO SELLER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AN AMOUNT EQUAL TO THE GREATER OF FIVE PERCENT (5%) OF THE PURCHASE PRICE, OR THE EARNEST MONEY DEPOSITED BY BUYER ("Xxxxges"). Other than the remedies available under Section 22.01, Seller shall then have no other remedy against Buyer at law or in equity. Earnest money deposited shall be xxxxxxed against the Damages.
Remedies of Parties. If purchaser fails or refuses to comply with the conditions assumed by purchaser, or to perform all of purchaser's obligations under this agreement, seller may at seller's option: (a) hold and retain the initial deposit money and any additional funds paid or deposited by purchaser, as liquidated damages for breach of this agreement, and rescind and terminate the agreement, whereupon all rights and obligations under the agreement shall cease; or (b) enforce this agreement by appropriate action, including an action for specific performance, or for damages for breach, and retain all moneys paid or deposited by purchaser pending the determination of the action. Seller shall give buyer written notice of election with respect to seller's exercise of either of these options. If seller fails or refuses to perform seller's obligations under this agreement, including the furnishing of good title and transfer of possession, purchaser may rescind the agreement and recover all deposits paid by purchaser. Seller's Damages: Buyer and seller agree that it is not now possible to anticipate the amount of damages that may be incurred by seller should buyer be unwilling or unable to complete this agreement. Both parties agree that it would be impracticable and extremely difficult to fix the actual damages. The property is land on which considerable rezoning, surveying, and other miscellaneous improvements are anticipated to occur in the near or immediate future. For this reason the parties to this agreement agree that, as the sole remedy of seller for buyer's breach of this agreement, seller shall be entitled to the sum of Five Thousand Dollars ($5,000.00) as liquidated damages.
Remedies of Parties. The parties hereto acknowledge that notwithstanding the fact that this Lease is terminable upon notice, the restrictions contained in this Lease are a reasonable and necessary protection of the legitimate interests of the parties, that any violation of these restrictions would cause substantial injury to both parties, and that the parties hereto would not have entered into this Lease without receiving the additional consideration offered by each party in binding itself, its agents and employees to these restrictions. In the event of any violation of these restrictions, each party respectively shall be entitled to preliminary and permanent injunctive relief, in addition to any other remedy.
Remedies of Parties
