Remedy Not Exclusive. The remedies provided for in this Section 12 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any party at law or in equity.
Remedy Not Exclusive. The exercise by a Party of any right of termination under this Agreement shall be in addition to, and shall not constitute a waiver of, any other right or remedy the Party may have at law or in equity.
Remedy Not Exclusive. The parties shall have such other rights and remedies as may be provided for by law or in equity, including damages.
Remedy Not Exclusive. The remedies provided for in this Section 18 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any party at law or in equity.
Remedy Not Exclusive. The remedies of Buyer under this Section 11 for matters covered by this Section 11 shall not be exclusive of any other remedies that Buyer may have in law or equity.
Remedy Not Exclusive. The rights of the non-defaulting Member set forth above in this Section 8.2 shall be in addition to such other rights and remedies that may exist at law, in equity or under contract on account of such Event of Default. Without limiting the generality of the foregoing, the Members acknowledge that an award of damages for failure to comply with Sections 2.5 or 2.6, or Articles 7, 8 and 9 would not be an adequate remedy for the Members attempting to enforce such provisions, and accordingly the Members expressly authorize any such Members to bring an action against the other Member to compel the specific performance by such other Member of their obligations to comply with such provisions.
Remedy Not Exclusive. Application of the bond or letter of credit proceeds by the City shall not relieve the Developer of its obligations under this Agreement, and demand by the City on the bond or letter of credit shall not be a waiver by the City of any other rights or remedies.
Remedy Not Exclusive. In furtherance of Section 8.2, nothing in this Section 2.9 shall prevent either Party from pursuing any other remedies that may be available at law or equity in the event this Agreement is terminated; provided, however, that release of the Escrow Deposit to Seller pursuant to Section 2.9.2.2 shall be Seller’s sole and exclusive remedy for termination of this Agreement due to the circumstances described in such Section 2.9.2.2, but provided further, however, that such remedy shall be in addition to and not in lieu of any other remedies available to Seller at law or in equity in respect of any breach by Buyer of any covenant or agreement in this Agreement occurring prior to the date of termination of this Agreement.
Remedy Not Exclusive. The foregoing offset provisions are in addition to, and not in derogation of, any statutory or common law remedy any Party may have for breach of representation, warranty, or covenant.
Remedy Not Exclusive. The rights and remedies of the Parties under this Article VI with regard to Venture Losses and Other Losses shall be in addition to and not exclusive of any other rights or remedies the Parties may have at law, equity or otherwise for any other breach or nonperformance by another Party of its obligations under this Agreement, other than for any breach by Huneeus or its Affiliates of their obligations under Section 5.1, as to which the sole remedy shall be a claim for indemnification by the Venture under Article VI of the Huneeus Contribution Agreement, or any breach by Constellation or its Affiliates of their obligations under Section 5.2, as to which the sole remedy shall be a claim for indemnification by the Venture under Article VI of the Franciscan Contribution Agreement.
