REMIDIES Sample Clauses
REMIDIES. Upon the failure of the Borrower of any Guarantor to pay any obligations under this Agreement when becoming or made due in accordance with this Agreement, the Bank may exercise any or all of the remedies that the Bank has under this Agreement or at law. The Bank may, without demand of performance or other demand, advertisement or notice of any kind to the Borrower (all and each of which are expressly waived), immediately collect, receive appropriate and realize upon the Collateral, or any part of it. The Bank may immediately sell, assign, give options to purchase, contract to sell or otherwise dispose of and deliver the Collateral, or any part of it, at one or more public or private sale or sales, at any of the Bank's offices or elsewhere upon such terms and conditions as the Bank may deem advisable. At any such sale, the Bank will have the right to purchase the whole or any part of the Collateral, free of any right of redemption which the Borrower may have (which right, to the extent permitted by law, is expressly waived and released). The Bank will apply the proceed of any such collection, recovery, receipt, appropriation, realization or sale, after deducting all reasonable costs and expenses thereof, to the obligations in such order as the Bank chooses. The Borrower agrees, that, to the extent that notice of sale or other disposition is required by law, the Bank need not give more than 5 business days notice of the time and place of any public sale or of the time after which a private sale or other intended disposition is to take place and that such notice is reasonable notification of such matters. The Borrower also agrees to assemble the Collateral at such place or places as the Bank designates by written notice. No failure by the Bank to exercise, and no delay in exercising, any right, remedy or power shall operate as a waiver of any such right, remedy or power not shall any single or partial exercise by the Bank of any right, remedy or power preclude any other or future exercise thereof or the exercise of any other right, remedy or power. Each and every right, remedy or power the Bank has under this Agreement or at law is cumulative and not exclusive of any other right, remedy or power, and may be exercised by the Bank at any time and from time to time. If the Collateral secures other obligations to the Bank in addition to the obligations under this Agreement, the Bank may apply the proceed to all of the Borrower's obligations to the Bank (including...
REMIDIES. Upon failure of the Tenant to execute any of the above instruments within fifteen (15) days of written request to do so by Landlord, Tenant hereby irrevocably appoints Landlord as attorney-in-fact for the Tenant with full power and authority to execute and deliver in the name of the Tenant any such instruments.
REMIDIES. (a) (CONTINUATION OF LEASE). Upon default of this lease by Tenant, lessor may, without notice to Tenant, elect to allow this lease to continue in full force and effect and to enforce all of Lessor’s rights and remedies hereunder, including without limitation, the right to collect rent as it becomes due, as long as Lessor does not terminate Tenant’s right to possession of the Farming Parcels. The following acts by the Lessor shall not constitute a termination of Tenant’s right to possession:
(1) Acts of maintenance or preservation of efforts to select the Farming Parcels; or
(2) The appointment of a receiver on initiative of Lessor to protect its interest under this lease.
(b) (TERMINATION OF LEASE). Upon default of this lease by Tenant, or at some later date if a default has occurred and is continuing and Lessor has not elected to terminate Tenant’s right to possession Lessor may terminate this lease and may take possession of all crops, harvested or un-harvested, and may remove all persons and property from the Farming Parcels. Lessor may store the property removed in a public warehouse or elsewhere at Tenant’s expense and for his account. Lessor, can be compensated, for any lost revenue, from the sale of those crops.
(1) Al amounts, including but not limited to unpaid rent, owning under this lease at the time of such termination, and the amount by which such rent and other sums due between such time of termination and the time paid or a court award, whichever is earlier, exceed the amount of such loss that Tenant proves could have been reasonably avoided by Lessor, plus interest on all such amounts at the lesser of ten percent (10%) per annum of the highest rate allowed by law from the date due.
(2) The present value of the amount by which the rent attributable to the next harvest and other sums payable under this lease exceed the amount of such loss that Tenant proves could be reasonable abounded by Lessor. Such present value shall be computed by discounting such amount at the rate of one percent (1%) plus the discount rate of the Federal Reserve Bank of San Francisco at the time of payment or award, whichever is earlier;
(3) Any and all cost or expenses which Lessor may incur as a result of tenant’s breach including costs and expenses in attempting to relet, including, but not limited to, reasonable expenses in retaking possession of the Farming Parcels, reasonable legal expenses, attorneys’ fees and brokerage fees and reasonable costs of alteration of t...