Reservation of Rights and Remedies. A material default or breach in this Contract will cause irreparable injury to HCA. In the event of any claim for default or breach of this Contract, no provision in this Contract shall be construed, expressly or by implication, as a waiver by the State of Washington to any existing or future right or remedy available by law. Failure of the State of Washington to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract or by law, or the acceptance of (or payment for) materials, equipment or services, shall not release Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the State of Washington to insist upon the strict performance of this Contract. In addition to any other remedies that may be available for default or breach of this Contract, in equity or otherwise, HCA may seek injunctive relief against any threatened or actual breach of this Contract without the necessity of proving actual damages. HCA reserves the right to recover any or all administrative costs incurred in the performance of this Contract during or as a result of any threatened or actual breach.
Reservation of Rights and Remedies. Except as otherwise expressly provided for in the Forbearance Agreement as amended by this Amendment, the Agent on behalf of the Lenders expressly reserves any and all rights and remedies available under the Forbearance Agreement, as amended hereby, the Revolving Credit Agreement and the Other Documents, and any other agreement or at law or in equity or otherwise.
Reservation of Rights and Remedies. All rights of both parties under this agreement are specifically reserved. Any reimbursement, installment, payment, act, or omission by a party shall not impair or prejudice any remedy or right of that party under this agreement. Any right or remedy stated in this agreement shall not preclude the exercise of any other right or remedy under this agreement, the law or in equity, and any action taken in the exercise of any right or remedy shall not be deemed a waiver of any other rights or remedies.
Reservation of Rights and Remedies. Except as expressly provided herein, nothing contained in this Financial Agreement or otherwise shall constitute a waiver or relinquishment by the City or the Urban Renewal Entity of any rights and remedies provided by Applicable Law. Unless otherwise expressly stated, nothing herein shall be deemed to limit any right of recovery that the City or the Urban Renewal Entity has under law, in equity, or under any provision of this Financial Agreement.
Reservation of Rights and Remedies. Except as expressly provided at Sections 3.02, 4.01, 4.08, and herein, nothing contained in this Agreement or otherwise shall constitute a waiver or relinquishment by the Township or the Entity of any rights and remedies provided by Applicable Law. Unless otherwise expressly stated, nothing herein shall be deemed to limit any right of recovery that the Township or the Entity has under law, in equity, or under any provision of this Agreement.
Reservation of Rights and Remedies. (A) Notwithstanding the Trustee’s release in Section VIII, all claims, causes of action, rights, and remedies of the Governments against the Renco Parties under CERCLA, RCRA, or otherwise, including derivative claims, causes of action, rights, and remedies with respect to the Xxxxxx Site, are expressly reserved and retained and are not extinguished by Section VIII, anything in this Settlement Agreement, the fact of this settlement, or the closure of the bankruptcy cases. With respect to such derivative claims, causes of action, rights, and remedies, any standing that the Trustee may have had to bring such claims, causes of action, rights, and remedies during the bankruptcy cases does not affect the reservation and retention of such claims, causes of action, rights, and remedies set forth in the previous sentence or the fact that such claims, causes of action, rights, and remedies are not extinguished by Section VIII, anything in this Settlement Agreement, the fact of this settlement, or the closure of the bankruptcy cases. The Renco Parties do not concede that such derivative claims, causes of action, rights, and remedies are otherwise actionable and the Governments’ claims, causes of action, rights, and remedies against the Renco Parties under CERCLA, RCRA, or otherwise shall be subject to, and the Renco Parties hereby reserve, all available defenses (including statutes of limitations, and this Settlement Agreement does not provide for any tolling or suspension of any limitations period), other than based on this Settlement Agreement, the fact of this settlement, or the closure of the bankruptcy cases. The fact that the Governments and the Renco Parties have agreed to compromise their respective proofs of claim against the Debtors, and have agreed to certain accommodations between themselves as specified in Section IV hereof, may not be used as evidence in any litigation between the Governments and the Renco Parties except in an action to enforce this Settlement Agreement, and will have no res judicata, collateral estoppel or other preclusive effect.
Reservation of Rights and Remedies. Nothing in this Article 3 shall preclude or waive any right, to which the Company or the Union previously was entitled, to seek legal or other redress of and recovery in any forum or tribunal with jurisdiction, nor do the parties to this Agreement concede or waive any rights in this regard to which they may be entitled by future legislation.
Reservation of Rights and Remedies. CDF reserves all of its rights and remedies under this Agreement, the Loan Agreement and the Other Agreements and all rights and remedies at law or at equity, in each case against and with respect to Dealer and the Collateral.
Reservation of Rights and Remedies. Termination of this Agreement for any reason will not prejudice any rights or remedies already accrued to the University under, or in respect of, any breach of this Agreement.
Reservation of Rights and Remedies. The rights and remedies set forth herein are cumulative and in addition to any other rights and remedies Sensata may have at law or in equity. Sensata expressly reserves all rights and remedies which are available to it at law or equity including, but not limited to, rights and remedies set forth in the Uniform Commercial Code.
