Remedies upon Default by PEA Clause Samples

Remedies upon Default by PEA. If an Event of Default by PEA occurs, ESCO may, without a waiver of other remedies that exist in law or equity, elect one or both of the following remedies: (a) Exercise any and all remedies available at law or in equity or other appropriate proceedings including bringing an action or actions from time to time for recovery of amounts due and unpaid by PEA, and/or for damages that shall include all costs and expenses reasonably incurred in exercise of its remedy; (b) Without recourse to legal remedies, terminate this Contract by delivery of a notice declaring termination.