Common use of Remedy for Improper Drafts Clause in Contracts

Remedy for Improper Drafts. Tenant’s sole remedy in connection with the improper presentment or payment of sight drafts drawn under any L-C shall be the right to obtain from Landlord a refund of the amount of any sight draft(s) that were improperly presented or the proceeds of which were misapplied, together with interest at the Default Rate and reasonable actual out-of-pocket attorneys’ fees. Tenant acknowledges that the presentment of sight drafts drawn under any L-C, or the Bank’s payment of sight drafts drawn under such L-C, could not under any circumstances cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor.

Remedy for Improper Drafts. Tenant’s 's sole remedy in connection with the improper presentment or payment of sight drafts drawn under any L-L C which are in violation of this Paragraph 5 shall be the right to obtain from Landlord a refund of the amount of any sight draft(s) that were improperly presented or the proceeds of which were misapplied, together with interest at the Default Rate misapplied and reasonable actual out-of-pocket attorneys’ fees' fees and bank charges. Tenant acknowledges that the presentment of sight drafts drawn under any L-L C, or the Bank’s 's payment of sight drafts drawn under such L-L C, could not under any circumstances cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor.

Remedy for Improper Drafts. Tenant’s 's sole remedy in connection with the improper presentment or payment of sight drafts drawn under any L-C shall be the right to obtain from Landlord a refund of the amount of paid in connection with any sight draft(s) that were was(were) improperly presented or the proceeds of which were misapplied, together with interest provided that, at the Default Rate and reasonable actual outtime of such refund, Tenant applies such refund to increases in the amount of such L-of-pocket attorneys’ feesC to the amount (if any) then required under the applicable provisions of the Lease, as amended. Tenant acknowledges that the presentment of sight drafts drawn under any L-C, or the Bank’s 's payment of sight drafts drawn under such L-C, could not under any circumstances cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor.