Rights and Remedies of City Sample Clauses

Rights and Remedies of City. The rights and remedies reserved by City under this Agreement and those provided by law shall be construed as cumulative and continuing rights, no one of which shall be exhausted by the exercise of any one or more of such rights or remedies on any one or more occasions. Whenever any Developer Default has occurred as to a Phase of the Project, subject to applicable cure periods as set forth in Section 7.01 above, City may, at its option and without limitation as to such affected Phase: (i) terminate this Agreement as to the applicable Phase and as to any Phase for which this Agreement remains in effect; (ii) terminate or cancel any tax exemption or abatement for Developer and the applicable Phase or Project Area for which the Developer Default has occurred, and take such steps with as may be necessary or appropriate to do so (but shall not be entitled to recapture any prior tax exemptions or tax abatements previously granted or received by the Developer); (iii) terminate or cancel any payments, waivers, or grants of funds appropriated or scheduled to be appropriated to Developer to the extent not received; and/or (iv) exercise any other rights or remedies available to City at law or equity. Without limiting the generality of the foregoing, the City shall be entitled to specific performance and injunctive or other equitable relief for any breach or threatened breach of any of the provisions of this Agreement, notwithstanding the availability of an adequate remedy at law, and each Party hereby waives the right to raise such defense in any proceeding in equity. Notwithstanding the above, if there is a Developer Default as to a certain Phase and the City desires to exercise rights and remedies in connection therewith, then such Developer Defaults, and the rights and remedies exercised in connection therewith, shall only apply as to the defaulted Phase and shall not affect any other Phase. If any Developer Default occurs, City may take such actions, or pursue such remedies, as exist hereunder or at law or in equity; and if the City is the prevailing Party in an action to enforce its remedies hereunder, City shall be entitled to reasonable costs and charges, including attorneys' fees, lawfully and reasonably incurred by or on behalf of City in connection with the enforcement of such actions or remedies. The provisions of this Section 7.02 shall be included in the IRB Documents which may become effective in place of this Agreement.
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Rights and Remedies of City. If an Event of Default is not cured within thirty (30) days of City’s written notice to District (“Uncured Default”), City shall have the right to elect, as determined in City’s sole discretion, to terminate this Agreement effective immediately upon written notice to District, and/or to pursue any other legal remedies available to City at law or in equity. In the event of termination under this Section, all funds awarded but unpaid to District pursuant to this Agreement shall be immediately rescinded and District shall have no further right to such funds. Termination shall not affect or terminate any of the existing rights of City against District, or which may thereafter accrue because of District’s default. Upon the occurrence of an Uncured Default, the obligation of City to disburse the Funds and all other obligations of City hereunder shall, at City’s option, immediately terminate. District agrees that the City shall not be liable to prosecution damages or lost anticipated profits if the City terminates this Agreement. No waiver by City of any of its rights or remedies hereunder shall be considered a waiver of any other or subsequent right or remedy of City; no delay or omission in the exercise or enforcement by City of any rights or remedies shall ever be construed as a waiver of any right or remedy of City; and no exercise or enforcement of any such rights or remedies shall ever be held to exhaust any right or remedy of City. The waiver of a breach of any term, covenant, or condition of this Agreement shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition hereof.
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Rights and Remedies of City. 6.01 Upon the occurrence of an Event of Default, City shall have the right, in addition to any other right or remedy of City, but not the obligation, in its own name or in the name of Grantee, to enter into possession of the Property; to perform all work necessary to complete the Project including construction of the Improvements substantially in accordance with the Plans and Specifications; and to employ watchmen and other safeguards to protect the Property. Grantee hereby appoints City as the attorney-in-fact of Grantee, with full power of substitution, and in the name of Grantee, if City elects to do so, upon the occurrence of an Event of Default, to (a) use such sums as are necessary, including Funds and the Grantee’s Deposit, to make such changes or corrections in the Plans and Specifications, and employ such architects, engineers, and contractors as may be required for the purpose of completing the construction of the Improvements substantially in accordance with the Plans and Specifications and the Governmental Requirements,
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Rights and Remedies of City. Upon the occurrence of an Event of Default by or with respect to User, City shall have the right to: (i) terminate the Agreement; (ii) recover actual amounts owed by User to City that accrued on or prior to the date of termination; and/or (iii) recover damages. In addition to the foregoing, User shall be deemed to have abandoned the User Fibers, and to have conveyed to City all right, title and interest in and to the User Fibers. User shall provide to City a xxxx of sale or such other documents as may be reasonably necessary to evidence such abandonment and/or conveyance.
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Related to Rights and Remedies of City

  • Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

  • Rights and Remedies Generally Upon the occurrence and during the continuance of any Event of Default, the Lender shall have, in addition to any other rights and remedies contained in this Agreement and in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers then owing. Any sales of such Collateral may be adjourned from time to time with or without notice. The Lender may, in its sole discretion, cause the Collateral to remain on any Borrower’s premises, at the Borrowers’ expense, pending sale or other disposition of such Collateral. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any Borrower’s premises, at the Borrowers’ expense, or elsewhere, on such occasion or occasions as the Lender may see fit.

  • Rights and Remedies Not Waived No act, omission or delay by the Collateral Agent shall constitute a waiver of the Collateral Agent's rights and remedies hereunder or otherwise. No single or partial waiver by the Collateral Agent of any default hereunder or right or remedy that it may have shall operate as a waiver of any other default, right or remedy or of the same default, right or remedy on a future occasion.

  • Rights and Remedies of the Collateral Agent (a) In addition to the rights and remedies set forth herein or otherwise available at law or in equity, after a collateral event of default (as specified in Section 13.01(b)) hereunder, the Collateral Agent shall have all of the rights and remedies with respect to the Collateral of a secured party under the UCC (whether or not the UCC is in effect in the jurisdiction where the rights and remedies are asserted) and the TRADES Regulations and such additional rights and remedies to which a secured party is entitled under the laws in effect in any jurisdiction where any rights and remedies hereunder may be asserted. Without limiting the generality of the foregoing, such remedies may include, to the extent permitted by applicable law, (1) retention of the Notes underlying Pledged Applicable Ownership Interests in Notes, the Pledged Treasury Securities and/or the Pledged Applicable Ownership Interests in the Treasury Portfolio in full satisfaction of the Holders’ obligations under the Purchase Contracts and the Purchase Contract Agreement and/or (2) sale of the Notes underlying Pledged Applicable Ownership Interests in Notes, the Pledged Treasury Securities or the Pledged Applicable Ownership Interests in the Treasury Portfolio in one or more public or private sales. (b) Without limiting any rights or powers otherwise granted by this Agreement to the Collateral Agent or under applicable law, in the event the Collateral Agent is unable to make payments to the Company on account of Proceeds of (i) the Notes underlying Pledged Applicable Ownership Interests in Notes (other than any interest payments thereon), (ii) Pledged Applicable Ownership Interests in the Treasury Portfolio, or (iii) the Pledged Treasury Securities as provided in this Agreement in satisfaction of the Obligations of the Holder of the Units of which such Notes underlying Pledged Applicable Ownership Interests in Notes, such Pledged Applicable Ownership Interests in the Treasury Portfolio or such Pledged Treasury Securities are a part under the related Purchase Contracts, the inability to make such payments shall constitute a “collateral event of default” hereunder and the Collateral Agent shall, for the benefit of the Company, have and may exercise, with reference to such Notes underlying Pledged Applicable Ownership Interests in Notes, Pledged Treasury Securities or Pledged Applicable Ownership Interests in the Treasury Portfolio, as applicable, any and all of the rights and remedies available to a secured party under the UCC and the TRADES Regulations after default by a debtor, and as otherwise granted herein or under any applicable law. (c) Without limiting any rights or powers otherwise granted by this Agreement to the Collateral Agent or under applicable law, the Collateral Agent is hereby irrevocably authorized to receive, collect and apply to the satisfaction of the Obligations all payments with respect to (i) the Notes underlying Pledged Applicable Ownership Interests in Notes (other than any interest payments thereon), (ii) the Pledged Treasury Securities and (iii) the Pledged Applicable Ownership Interests in the Treasury Portfolio, subject, in each case, to the provisions of this Agreement, and as otherwise provided herein. (d) The Purchase Contract Agent and each Holder agrees that, from time to time, upon the written request of the Collateral Agent, the Purchase Contract Agent, on behalf of such Holder, shall execute and deliver such further documents and do such other acts and things as the Collateral Agent may reasonably request in order to maintain the Pledge, and the perfection and priority thereof, and to confirm the rights of the Collateral Agent hereunder. The Purchase Contract Agent shall have no liability to any Holder for executing any documents or taking any such acts requested by the Collateral Agent hereunder, except for liability for its own negligent acts, its own negligent failure to act or its own willful misconduct.

  • Other Rights and Remedies Not Affected The indemnities in this clause 27 are in addition to, and without prejudice to, the rights and remedies of each party under this Agreement or under statute or in law, equity, or otherwise.

  • Other Rights and Remedies Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise.

  • Rights and Remedies Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

  • Banks Rights and Remedies 8.1 Upon the occurrence of an Event of Default by Borrower under this Agreement, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower: a. Declare Borrower's Obligations, whether evidenced by this Agreement, installment notes, demand notes or otherwise, immediately due and payable to the Bank;

  • Rights and Remedies not Exclusive The enumeration of the foregoing rights and remedies is not intended to be exhaustive and the exercise of any rights or remedy shall not preclude the exercise of any other right or remedies provided for herein or otherwise provided by law, all of which shall be cumulative and not alternative.

  • Rights and Remedies Upon Breach If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

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