Remedies; Termination. Upon an Event of Default, the non-defaulting Party shall notify the other Party thereof and shall have available all remedies set forth in this Agreement. Without limiting the foregoing, if an Event of Default occurs and is not waived, the non-defaulting Party may immediately terminate or suspend performance under this Agreement by promptly thereafter delivering written notice thereof to the other Party. The defaulting Party shall be responsible for any other costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) incurred by the non-defaulting Party in connection with an Event of Default.
Remedies; Termination. The failure by CSI to pay, when due, the principal, any interest, or any other sum payable under the Promissory Note, and continuance of such failure for five (5) business days after the date on which such principal, installment of interest, or other sum is due (whether upon maturity of a Promissory Note, upon any installment payment date, upon acceleration, or otherwise) shall constitute an event of default (an "Event of Default"). Upon such an Event of Default, JLB may exercise any and all of the remedies available to a secured creditor under the Uniform Commercial Code of the State of South Dakota. CSI agrees to pay JLB's costs of collection arising out of an Event of Default, including reasonable attorneys' fees.
Remedies; Termination. This Agreement may be terminated (in full or in part- as indicated below) as follows:
Remedies; Termination. (a) If a Default occurs, then at any time thereafter, prior to the curing thereof, Actinium shall be deemed to have automatically exercised its right to purchase the FFE pursuant to Section 2 hereof and the FFE Consideration shall be immediately due and payable, and Relmada may exercise any and all rights and remedies available to Relmada, with or without notice of demand, under this Agreement, at law, or in equity, to recover and collect the FFE Consideration and/or to terminate this Agreement.
Remedies; Termination. Licensee’s rights under this License Agreement terminate when Licensee ceases to have any rights to the Covered Machine. In addition, if Licensee breaches any term or condition of this License Agreement, IBM may, in its sole discretion, exercise one or more of the following rights: (i) require Licensee to pay immediately to IBM to Properly Acquire and Activate all Unauthorized Built-In Capacity on the Covered Machine at the then-applicable IBM price; (ii) for all IBM products licensed to and all IBM services provided for the Covered Machine, require Licensee to pay immediately to IBM for all one-time and recurring charges (at the then-applicable IBM prices) that would have been due if Licensee had also Properly Acquired and Activated the Unauthorized Built-In Capacity for such products and services, retroactive to the first use of any Unauthorized Built-In Capacity on the Covered Machine; (iii) terminate this License Agreement, the licenses for IBM products used on the Covered Machine, and any other agreements relating to the Covered Machine; and (iv) pursue all other rights and remedies available at law or in equity. IBM’s remedies for any breach of this License Agreement by Licensee survive termination.
Remedies; Termination. After the parties have followed the dispute resolution process of paragraph 5(P) above, and in addition to any other remedies provided for in this Agreement, including default under paragraph 5(Q), and without limiting its remedies otherwise available at law, CSU may exercise the following remedial actions if RMSMC substantially fails to satisfy or perform the duties and obligations of this Agreement. Substantial failure to satisfy the duties and obligations is defined to mean materially insufficient, incorrect or improper performance, activities, or inaction by RMSMC. These remedial actions are as follows:
Remedies; Termination. Commission reserves the right, at any time, to cancel its commitments and terminate this Agreement and its obligations to issue the Incentive set forth hereunder upon the failure by Developer to comply with and cure, as set forth in Section 9.03 herein, any of its obligations contained herein, any other breach of default on the part of Developer, or for any other reasons as required by law. Developer reserves the right to cancel its commitments and terminate this Agreement only upon the failure by Commission to provide Incentive as set forth herein, and compliance with Section 9.03.
Remedies; Termination. Upon the occurrence of an Event of Default described in Section 7.01(A), this Agreement shall be terminated by the Authority and the parties shall have no further obligations hereunder to the other. After any such termination of this Agreement, Redeveloper may, at its option, submit a new application for assistance in development financing to the Committee for consideration. Upon the occurrence of any other Event of Default described in Section 7.01 of this Agreement, the Authority will provide the Redeveloper with thirty (30) days’ notice and opportunity to cure the Event of Default; provided, that, if such Event of Default is not reasonably capable of being cured within such 30-day period and Redeveloper promptly begins undertaking actions to cure its default or breach and thereafter pursues such cure with reasonable diligence, then Redeveloper’s time period to cure such default shall continue until such Event of Default is cured or Redeveloper is no longer pursuing such cure with reasonable diligence. The Authority will provide written notice to Redeveloper identifying all specific action(s) or omission(s) of Redeveloper constituting a default. In the event Redeveloper fails to promptly begin undertaking actions to cure its default or breach and thereafter pursue such cure with reasonable diligence, the Authority may exercise any and all available remedies, including, without limitation termination of this Agreement and all assistance in development financing and make demand for immediate payment in full of any funds previously provided or expended by the Authority in their efforts to support the Redevelopment.
Remedies; Termination. (a) Upon an Event of Default, Lessor may: (i) require Lessee to return any or all Products as provided in Section 7;
Remedies; Termination. 13.1 Upon occurrence of an Event or Default, Licensor shall be entitled to restrict Licensee’s access to the License Area, to exercise any other remedies available to it under this Agreement and to terminate this Agreement by notice to Licensee. This Agreement shall terminate as of the effective date of any such termination notice and Licensor shall be entitled to collect damages resulting from such termination. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. If Licensee files a petition under the Bankruptcy Code or under any other similar federal or state law, Licensee unconditionally and irrevocably agrees that Licensor shall be entitled, and Licensee unconditionally consents, to relief from the automatic stay so as to allow Licensor to exercise its rights and remedies under this Agreement with respect to the Building or the License Area. In such event, Licensee hereby agrees it shall not, in any manner, oppose or otherwise delay any motion filed by Licensor for relief from the automatic stay. Licensor’s enforcement of the rights granted herein for relief from the automatic stay is subject to the approval of the bankruptcy court in which the case is then pending.
