Selection of Remedies Sample Clauses

Selection of Remedies. Promptly following the occurrence of an event of default referenced above in Section 6.3.1, notice shall be given to the Non-Defaulting Members (“Default Notice”) describing the material facts and circumstances associated with the event of default and proposing the adoption of any one or more of the remedies contemplated in Section 6.3.1, which remedy shall be selected by the vote of at least a majority of the Non-Defaulting Members.
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Selection of Remedies. This Agreement shall not prejudice the right of Agent and/or Banks at their option to enforce collection of the Notes evidencing the Indebtedness secured hereby by suit or in any other lawful manner, or to resort to any other security for the payment of the Notes, this Agreement and the other Loan Documents being additional, cumulative, and concurrent security for the payment of such obligations.
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Selection of Remedies. 1. Subject to Section 6.2 and Section 6.3 herein, each party shall have the right to terminate this Development Agreement when there is an Event of Default on the part of the other party. Absent an Event of Default, neither party may terminate this Development Agreement unless it is otherwise specifically provided for in this Development Agree- ment. 2. If a party declares an Event of Default by the other party, the non-defaulting party may elect not to immediately terminate this Development Agreement, but to collect actual damages. The failure of a party to immediately terminate this Development Agreement shall not limit or restrict in any way such party's right to terminate this Development Agreement at a later time. 3. If the Developer fails to perform any of its obligations hereunder, or if there is an Event of Default by Developer, MIRA shall have the right, but not the obligation, to cure such failure or Event of Default without notice to the Developer. Developer shall fully xxxx- xxxxx MIRA for any and all reasonable costs and expenses incurred by MIRA in taking such curative action, including, but not limited to, reasonable attorneys’ fees and court costs, within twenty (20) days after Xxxxxxxxx's receipt of an invoice for such costs and expenses. 4. Upon the occurrence of an Event of Default by the Developer, and subject to any appli- cable cure period as set forth in Section 6.3, MIRA shall have the right to make a claim against the Guaranty. 5. All of the remedies provided in this Development Agreement are the exclusive remedies available at law, but this Development Agreement shall not limit any equitable remedies available to a party. All the remedies hereunder shall be deemed cumulative and the election of one shall not be deemed a waiver of any other or further rights or remedies.
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Selection of Remedies. In the event of a default by the Urban League under the Credit Facilities, or in the event of a default in payment by the County or the City of any of their respective Guaranteed Obligations, the Bank, in its sole discretion, may proceed first and directly against the County and the City under this Guaranty Agreement, without proceeding with or exhausting any other remedies that it may have against the Urban League and without resorting to any other security held by the Bank and upon such an event, the County and City shall have subrogation rights for all of the Bank’s remedies and other security rights it has against the Urban League.
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Selection of Remedies. This Section sets forth the sole and exclusive remedies of CH2M for any matters for which BIS is liable pursuant to this Agreement. (a) Correction of Errors. BIS will make its services available without cost to correct any error or omission caused by BIS, provided such error or omission is brought to BIS's attention within 60 days of the date upon which the error or omission is, or should have been, discovered. Processing will conclusively be deemed correct if BIS is not informed of an error or omission within the aforementioned period. (b) Direct Financial Loss. BIS will make whole CH2M for any direct financial loss caused by any error or omission of BIS, provided such error or omission is brought to BIS's attention within 60 days of the date upon which the error or omission is, or should have been, discovered. (c) CH2M Records. BIS will make its services available without cost to correct any errors in CH2M records caused by BIS.
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Selection of Remedies. A grievance may only be advanced to step IV (final and binding arbitration) provided that the employee has not elected to pursue a veteran’s discharge hearing and the timeline for such hearing has been exhausted, if applicable.
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Selection of Remedies. This Agreement shall not prejudice the right of National at its option to enforce collection of the Note evidencing the Indebtedness by suit or in any other lawful manner, or to resort to any other security for the payment of the Note, this Agreement and the other Loan Documents being additional, cumulative, and concurrent security for the payment of such obligations.
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Selection of Remedies. In the event that Buyer provides Seller with a timely Environmental Defect Notice, Seller, at its sole option, shall, (a) agree to cure or remediate any Environmental Defect within a reasonable time after Closing, (b) reduce the Purchase Price by the amount of the Environmental Defect Value, or (c) retain the Asset containing the Environmental Defect and reduce the Purchase Price by the amount of the Purchase Price allocated to such Asset on Schedule G. ARTICLE 7
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Selection of Remedies. An employee may have recourse to the grievance procedure or the procedures established under Act 78, Civil Service, but he may not have recourse to both. An employee who signs a grievance form shall by that act signify that he waives all rights that he may have under Civil Service. The grievance form shall contain this statement.
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Related to Selection of Remedies

  • 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.

  • Election of Remedy The parties acknowledge that the facts and circumstances which form the basis of a grievance may also form the basis of claims which may be asserted by an individual employee in other forums. The purpose of this section is to establish limitations on the right of the Union to pursue a grievance in such situations.

  • Limitation of Remedies The Credit Enhancement Provider shall not have the right to cause the Loan or any portion thereof to become due and payable prior to the due date for the Loan as set forth herein.

  • No Election of Remedies Except as expressly set forth in this Agreement, the exercise by Company of any of its remedies under this Agreement will not be deemed an election of remedies and will be without prejudice to its other remedies under this Agreement or available at law or in equity or otherwise.

  • LIMITATION OF REMEDY The only remedy that the Taxpayer shall have in the event of breach or alleged breach by GO-Biz, shall be the normal administrative and judicial rights accorded to a taxpayer in the state of California who has been denied a tax credit claimed on their return.

  • Cumulation of Remedies All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, election, power or remedy until all duties and obligations imposed shall have been fully performed.

  • Preservation of Remedies No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default.

  • Election of Remedies and Waiver A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator.

  • Subordination of Remedies Each Creditor (for purposes of this Section 4, the “Junior Creditor”) agrees, subject to Section 5, that, (i) unless and until all Claims of the other Creditor (for purposes of this Section 4, the “Senior Creditor”) have been indefeasibly paid in full and all commitments of the Senior Creditor under its Credit Documents have been terminated, or (ii) until the expiration of a period of 180 days from the date of notice of default under the Senior Creditor’s Credit Documents given by the Senior Creditor to the Junior Creditor, whichever is earlier, and whether or not any Insolvency Proceeding has been commenced by or against any Obligor, the Junior Creditor shall not, without the prior written consent of the Senior Creditor, enforce, or attempt to enforce, any rights or remedies under or with respect to any of such Junior Creditor’s Junior Collateral, including causing or compelling the pledge or delivery of such Junior Collateral, any attachment of, levy upon, execution against, foreclosure upon or the taking of other action against or institution of other proceedings with respect to any such Junior Collateral, notifying any account debtors of any Obligor, asserting any claim or interest in any insurance with respect to such Junior Collateral, or exercising any rights under any lockbox agreement, account control agreement, landlord waiver or bailee’s letter or similar agreement or arrangement with respect to such Junior Collateral, or institute or commence, or join with any person or entity in commencing, any action or proceeding with respect to such rights or remedies (including any action of foreclosure, enforcement, collection or execution and any Insolvency Proceeding involving any Obligor), except that notwithstanding the foregoing, at all times, including during a Proceeds Sweep Period, the Junior Creditor shall be able to exercise its rights under a lockbox agreement or an account control agreement with respect to any deposit account, securities account or commodity account constituting Collateral, including its rights to freeze such account or exercise any rights of offset, provided that any distribution or withdrawal from such account shall be applied in accordance with Section 3(a).

  • Nature of Remedies All Obligations of Borrower and rights of Agent and Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable law. No failure to exercise and no delay in exercising, on the part of Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

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