Scope of Remedy Sample Clauses

Scope of Remedy. The Agency will exhaust its MPP Priority Consideration remedial relief requirements at the termination of this Settlement Agreement or when twenty-six (26) Merit Promotion Eligible Claimants (in Section V(B)(1)) or other Class Members are selected for any MPA or into any VRO into IOD or XXX during the term of this Agreement, whichever occurs first. The scope of this remedy addresses the alleged merit promotion selection shortfall as calculated by the Agency. The Agency will notify Class Counsel when the twenty-sixth (26th) Merit Promotion Eligible Claimant or other Class Member has been selected, which will terminate relief obligations under this provision. Class Counsel will be responsible for notifying Merit Promotion Eligible Claimants that the remedy has been exhausted.
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Scope of Remedy. Any claims for indemnification relating to Taxes shall be governed by the provisions of this Article X, except that in addition to the indemnity provided herein (but without duplication), Parent shall be entitled to make a claim against the Escrow Fund in accordance with Article XI. For the avoidance of doubt, none of the limitations on indemnification set forth in Article XI shall apply to any claim for indemnification relating to Taxes pursuant to Article X.

Related to Scope of Remedy

  • Waiver of Remedies No delay or failure on the part of the Administrative Agent or any other Guarantied Party in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or any other Guarantied Party of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

  • Election of Remedies If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any deficiency claim to which Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

  • Exclusivity of Remedies To the extent permitted by law, the arbitration and judicial remedies set forth in this Article will be the exclusive remedies available to the Parties with respect to any dispute under this Agreement or claim for damages or indemnification under this Agreement.

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