Common use of Remedies Upon Default by ESCO Clause in Contracts

Remedies Upon Default by ESCO. If an Event of Default by the ESCO occurs, the ISSUER may exercise any and all remedies at law or equity or statute, or institute other proceedings, including, without limitation, bringing an action or actions from time to time for specific performance, and/or for the recovery of amounts due and unpaid by the ESCO, and/or for damages, which shall include all costs and expenses reasonably incurred, including attorney's fees, in exercise of its remedy. Election of one (1) remedy is not a waiver of other available remedies.

Remedies Upon Default by ESCO. If an In the Event of Default by the ESCO occursESCO, the ISSUER Agency may exercise and any and all remedies at law or equity or statuteequity, or institute other proceedings, including, without limitation, bringing an action or actions from time to time for specific performance, and/or for the recovery of amounts due and unpaid by the ESCO, and/or for damages, which shall include all costs and expenses reasonably incurred, including attorney's fees, in exercise of its remedy. Election of one (1) remedy is not a waiver of other available remedies.