Right to Remedy. If a Related Refinery Owner reasonably believes at any time that a Relevant Asset Owner is not complying with all Applicable Laws (including requirements under Environmental Laws) with respect to the Applicable Assets and Additional Improvements, it will provide reasonable notice to the Relevant Asset Owner of such condition. If such Relevant Asset Owner fails to take appropriate action to cause such assets to comply with Applicable Laws or take other actions required under Applicable Laws within 30 days of the Related Refinery Owner’s reasonable notice, the Related Refinery Owner may, without further notice to such Relevant Asset Owner, take such actions for such Relevant Asset Owner’s account. Within 30 days following the date the Related Refinery Owner delivers to such Relevant Asset Owner evidence of payment for those actions by the Related Refinery Owner reasonably necessary to cause the Applicable Assets and Additional Improvements to achieve compliance with Applicable Laws because of such Relevant Asset Owner’s failure to do so, the Relevant Asset Owner shall reimburse the Related Refinery Owner all amounts paid by the Related Refinery Owner on such Relevant Asset Owner’s behalf.
Right to Remedy. The Vendor shall not be liable for any Claim if the alleged breach which is the subject of the Claim is capable of remedy, and is remedied to the reasonable satisfaction of the Purchaser by the Vendor within 60 days of the date on which the notice in paragraph 3.1 above is received by the Vendor (and the Purchaser agrees to use all reasonable endeavours to assist and to procure the assistance of the Company in remedying such breach at the reasonable cost of the Vendor).
Right to Remedy. If the Supplier does not timely modify, adjust, repair or replace defective or inadequate Services or Products within 5 days written notice of such defect/inadequacy, or if any emergency exists rendering it impossible or impractical for Domtar to have the replacement Product or remedial Services performed by the Supplier, then Domtar, after notice to the Supplier, may at its option and without prejudice to any other rights or remedies that may be available to it, make or cause to be made such modification, adjustment, repair or replacement, in which case the Supplier will reimburse Domtar for its actual costs or, at Domtar’s option, Domtar can offset the costs from any amounts owing to Supplier.
Right to Remedy. In addition to any other remedies, INDOT shall have available to it all rights and remedies provided by law and equity. No right or remedy of INDOT is intended to be exclusive of any other right or remedy, and the INDOT's election of a specific remedy shall not preclude it from using any other remedy available to it by statute or equity.
Right to Remedy. Landlord may, after expiration of Tenant's cure period in Section 15.1(c) unless there is an emergency, correct or remedy any failure of Tenant not timely cured. The reasonable cost paid by Landlord to correct or remedy any such default will immediately become due and payable to Landlord as additional rent.
Right to Remedy. If the Supplier does not timely modify, adjust, repair or replace defective or non-conforming Products within five (5) days of written notice of such defect/non-conformance, or if any emergency exists rendering it impossible or impractical for TPI to have the Supplier remedy such defect or non-conformance, then TPI, after notice to the Supplier, may at its option and without prejudice to any other rights or remedies that may be available to it, make or cause to be made such modification, adjustment, repair or replacement, in which case the Supplier will reimburse TPI for its costs or, at TPI’s option, TPI can offset such costs against any amounts owing to Supplier.
Right to Remedy. (A) A Defaulting Party or Defaulting Group may remedy its default at any time prior to the loss of its Project Interest under Article 10.8 by the payment to the Unit Operator of the total amount in default together with interest thereon at the rate specified in Article 10.4 and all costs for which it is liable under Article 10.11.
(1) If a Defaulting Party or Defaulting Group makes any payment, the amount so received shall first be applied towards the payment of costs for which it is liable under Article 10.11, then toward the payment of interest and thereafter toward the defaulted amounts.
(2) Any such payment, together with interest thereon, received by the Unit Operator shall be paid to the Contributing Parties in proportion to the amounts they are owed by the Defaulting Party or Defaulting Group, provided that, in the event that such Parties as have paid a Contributing Share have not all paid their respective Contributing Share on the same Day in respect of any requirement or cash call from the Unit Operator, such proportions shall be adjusted in respect of any payment of interest to take account of the different periods in respect of which their respective Contributing Shares have been outstanding.
(3) Interest paid by a Defaulting Party or Defaulting Group under this Article 10.7 shall be accounted for outside the Unit Account but in related records so that such interest is not taken into account for the purposes of a Redetermination of Tract Participations pursuant to this Agreement or for the purposes of calculation of taxes or Additional Oil Entitlements under either Contract.
Right to Remedy. Sellers have the right (but not the obligation), upon at least thirty (30) days prior written notice to Buyers and subject to the provisos below, to assume exclusive control of the resolution and remedy of any Environmental Claim, including without limitation (1) investigating the matter, obtaining tests, reports and surveys necessary to define and delineate the extent of any contamination; (2) subject to the provisions set forth in this paragraph below, contacting Governmental Authorities, making reports and submitting plans and documents to such authorities, negotiating with such authorities or other third parties and otherwise dealing with such authorities; (3) preparing work plans for any investigation, assessment, remediation or monitoring; and (4) conducting or directing any such investigation, assessment, remediation or monitoring. Sellers’ election to assume control of the resolution and remedy of any Environmental Claim shall not be deemed an admission of fact, law or otherwise by Sellers in any Proceeding other than to enforce the terms of this Section 10.03(b). Upon receipt of Sellers’ written notice of this election to assume exclusive control of the resolution and remedy of an Environmental Claim, Buyers agree neither to: (a) enter into negotiations or settlements with any Governmental Authority or third parties; nor (b) at any time, take or offer to any Governmental Authority or third party any position inconsistent with positions taken or offered by Sellers in its sole and absolute discretion; provided that that Buyers shall have the right to (A) receive copies of all correspondence between Sellers and Governmental Authorities relating to Environmental Claims, (B) review any report or proposal prior to its submission to any Governmental Authority or third party and Sellers shall in good faith take into account any concerns or issues raised by Buyers prior to its submissions to the Governmental Authority or third party and (C) advance notice of and the right to participate in any meeting with Governmental Authorities or third parties relating to Environmental Claims and provided further that Sellers shall not, without the prior written approval of Buyers, which approval shall not be unreasonably withheld or delayed, enter into any settlement, agreement, consent decree, order, or remediation plan involving an Environmental Claim.
Right to Remedy. The Warrantors shall not be liable for any Claim if the alleged breach which is the subject of the Claim is capable of remedy, and is remedied to the reasonable satisfaction of the Buyer by the Warrantors within 45 days of the date on which the notice in paragraph 3.1 above is received by the Warrantors (and the Buyer agrees to use all reasonable endeavours to assist and to procure the assistance of the Company in remedying such breach at the reasonable cost of those Warrantors in breach of such Claim).
Right to Remedy. If the fact, matter or circumstance giving rise to a Claim is capable of remedy, the Purchaser shall and procures that the Target shall, give the Seller a period of 30 (thirty) Business Days to remedy the relevant fact, matter or circumstance and shall, without prejudice to the Purchaser’s duty to mitigate its loss, provide all reasonable assistance to the Seller to remedy the relevant fact, matter or circumstance.
