Common use of Remedies Upon Default Cumulative; No Waiver Clause in Contracts

Remedies Upon Default Cumulative; No Waiver. Subject to the provisions of this Article XIII and the other terms and conditions of this Agreement, all of the remedies provided in this Agreement to any party, and all rights and remedies granted by law and equity shall be cumulative and concurrent and no determination of the invalidity of any provision of this Agreement shall deprive the City of any of its remedies or actions against the Urban Renewal Entity because of the Urban Renewal Entity’s failure to pay Land Taxes, the Annual Service Charge and/or any applicable water and sewer charges and interest payments. This right shall only apply to arrearages that are due and owing at the time, and the bringing of any action for Land Taxes, Annual Service Charges or other charges, or for breach of covenant or the resort of any other remedy herein provided for the recovery of Land Taxes, Annual Service Charges or other charges shall not be construed as a waiver of the right to proceed with an In Rem Tax Foreclosure action consistent with the terms and provisions of this Agreement.

Appears in 6 contracts

Samples: Financial Agreement, Financial Agreement, Financial Agreement

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Remedies Upon Default Cumulative; No Waiver. Subject to the provisions of this Article XIII XV and the other terms and conditions of this Agreement, all of the remedies provided in this Agreement to any party, and all rights and remedies granted by law and equity shall be cumulative and concurrent and no determination of the invalidity of any provision of this Agreement shall deprive the City Township of any of its their remedies or actions against the Urban Renewal Entity because of the Urban Renewal Entity’s failure to pay Land Taxes, the Annual Service Charge and/or Charge, Administrative Fee, any applicable water and sewer charges and charges, interest payments, and/or other municipal charges. This right shall only apply to arrearages that are due and owing at the time, and the bringing of any action for Land Taxes, Annual Service Charges or other charges, or for breach of covenant or the resort of any other remedy herein provided for the recovery of Land Taxes, Annual Service Charges or other charges shall not be construed as a waiver of the right to proceed with an In Rem Tax Foreclosure action consistent with the terms and provisions of this Agreement.

Appears in 3 contracts

Samples: Financial Agreement, Agreement, Agreement

Remedies Upon Default Cumulative; No Waiver. Subject to the provisions of this Article XIII and the other terms and conditions of this Agreement, all of the remedies provided in this Agreement to any partythe Township, and all rights and remedies granted to it by law and equity shall be cumulative and concurrent and no determination of the invalidity of any provision of this Agreement shall deprive the City Township of any of its remedies or actions against the Urban Renewal Entity because of the Urban Renewal Entity’s 's failure to pay Land Taxes, the Annual Service Charge and/or any applicable water and sewer charges and interest payments. This right shall only apply to arrearages that are due and owing at the time, and the bringing of any action for Land Taxes, Annual Service Charges or other charges, or for breach of covenant or the resort of any other remedy herein provided for the recovery of Land Taxes, Annual Service Charges or other charges shall not be construed as a waiver of the right to proceed with an In Rem Tax Foreclosure action proceedings consistent with the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Financial Agreement, Financial Agreement

Remedies Upon Default Cumulative; No Waiver. Subject to the provisions of this Article XIII XV and the other terms and conditions of this Agreement, all of the remedies provided in this Agreement to any party, and all rights and remedies granted by law and equity shall be cumulative and concurrent and no determination of the invalidity of any provision of this Agreement shall deprive the City Township of any of its their remedies or actions against the Urban Renewal Entity an Owner because of the Urban Renewal Entity’s Owner's failure to pay Land Taxes, the Annual Service Charge and/or Charge, Administrative Fee, any applicable water and sewer charges and charges, interest payments, and/or other municipal charges. This right shall only apply to arrearages that are due and owing at the time, and the bringing of any action for Land Taxes, Annual Service Charges or other charges, or for breach of covenant or the resort of any other remedy herein provided for the recovery of Land Taxes, Annual Service Charges or other charges shall not be construed as a waiver of the right to proceed with an In Rem Tax Foreclosure action consistent with the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Financial Agreement, Financial Agreement

Remedies Upon Default Cumulative; No Waiver. Subject to the provisions of this Article XIII and the other terms and conditions of this Agreement, all of the remedies provided in this Agreement to any partythe City, and all rights and remedies granted to it by law and equity shall be cumulative and concurrent and no determination of the invalidity of any provision of this Agreement shall deprive the City of any of its remedies or actions against the Urban Renewal Entity because of the Urban Renewal Entity’s 's failure to pay Land Taxes, the Annual Service Charge Charge, and/or any applicable water and sewer charges the Administrative Fee and interest payments. This right shall only apply to arrearages that are due and owing at the time, and the bringing of any action for Land Taxes, Annual Service Charges Charges, Administrative Fee or other charges, or for breach of covenant or the covenant. The resort of any other remedy herein provided for the recovery of Land Taxes, Annual Service Charges Charges, Administrative Fee or other charges shall not be construed as a waiver of the right to proceed with an In Rem Tax Foreclosure action consistent with the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Financial Agreement

Remedies Upon Default Cumulative; No Waiver. Subject to the provisions of this Article XIII and the all other terms and conditions of this Financial Agreement, all of the remedies provided in this Financial Agreement to any party, the City and all rights and remedies granted to them by law and equity shall be cumulative and concurrent and no determination of the invalidity of any provision of this Financial Agreement shall deprive the City of any of its their remedies or actions against the Urban Renewal Entity because of the Urban Renewal Entity’s failure to pay Land Taxes, the Annual Service Charge Charge, and/or any applicable water and sewer charges and interest payments. This right shall only apply to arrearages that are due and owing at the time, and the bringing of any action for Land Taxes, Annual Service Charges Charges, or other charges, or for breach of covenant or the resort of any other remedy herein provided for the recovery of Land Taxes, Annual Service Charges Charges, or other charges shall not be construed as a waiver of the right to proceed with an In Rem Tax Foreclosure action consistent with the terms and provisions of this Financial Agreement. Under no circumstances may any party seek or be entitled to recover any special, consequential, punitive, speculative or indirect damages for any breach of this Agreement.

Appears in 1 contract

Samples: Financial Agreement

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Remedies Upon Default Cumulative; No Waiver. Subject to the provisions of this Article XIII and the other terms and conditions of this Agreement, all of the remedies provided in this Agreement to any partythe City, and all rights and remedies granted to them by law and equity shall be cumulative and concurrent and no determination of the invalidity of any provision of this Agreement shall deprive the City of any of its their remedies or actions against the Urban Renewal Entity because of the Urban Renewal Entity’s 's failure to pay Land Taxes, the Annual Service Charge Charge, and/or any applicable water and sewer charges the Administrative Fee and interest payments. This right shall only apply to arrearages that are due and owing at the time, and the bringing of any action for Land Taxes, Annual Service Charges Charges, Administrative Fee or other charges, or for breach of covenant or the resort of any other remedy herein provided for the recovery of Land Taxes, Annual Service Charges Charges, Administrative Fee or other charges shall not be construed as a waiver of the right to proceed with an In Rem Tax Foreclosure action consistent with the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Financial Agreement

Remedies Upon Default Cumulative; No Waiver. Subject to the provisions of this Article XIII and the other terms and conditions of this Agreement, all of the remedies provided in this Agreement to any party, and all rights and remedies granted by law and equity shall be cumulative and concurrent and no determination of the invalidity of any provision of this Agreement shall deprive the City Township of any of its their remedies or actions against the Urban Renewal Entity an Owner because of the Urban Renewal Entity’s Owner's failure to pay Land Taxes, the Annual Service Charge and/or any applicable water and sewer charges and interest payments. This right shall only apply to arrearages that are due and owing at the time, and the bringing of any action for Land Taxes, Annual Service Charges or other charges, or for breach of covenant or the resort of any other remedy herein provided for the recovery of Land Taxes, Annual Service Charges or other charges shall not be construed as a waiver of the right to proceed with an In Rem Tax Foreclosure action consistent with the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Financial Agreement

Remedies Upon Default Cumulative; No Waiver. Subject to the provisions of this Article XIII and the other terms and conditions of this Agreement, all of the remedies provided in this Agreement to any partythe Borough, and all rights and remedies granted to it by law and equity shall be cumulative and concurrent and no determination of the invalidity of any provision of this Agreement shall deprive the City Borough of any of its remedies or actions against the Urban Renewal Entity because of the Urban Renewal Entity’s 's failure to pay Land Taxes, the Annual Service Charge Charge, and/or any applicable water and sewer charges the Administrative Fee and interest payments. This right shall only apply to arrearages that are due and owing at the time, and the bringing of any action for Land Taxes, Annual Service Charges Charges, Administrative Fee or other charges, or for breach of covenant or the covenant. The resort of any other remedy herein provided for the recovery of Land Taxes, Annual Service Charges Charges, Administrative Fee or other charges shall not be construed as a waiver of the right to proceed with an In Rem Tax Foreclosure action consistent with the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Financial Agreement

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