Self-Help Remedies. Lessor may perform (or cause another Person to perform), on Lessee’s behalf, any unperformed covenant or obligation under this Lease constituting such Lessee Event of Default if such covenant or obligation remains unperformed at any time during which a Lessee Event of Default has occurred and is continuing and/or Lessor may substitute a replacement operator to operate the Terminal System at any time during which a Lessee Event of Default has occurred and is continuing, in which event, Lessee shall reimburse Lessor for all reasonable costs, expenses and disbursements incurred by Lessor in doing so (including, without limitation, the cost of any replacement operator), plus together with interest thereon at the Default Interest Rate from the due date for Additional Rent, but in any event without duplication for amounts for which Lessor seeks damages or indemnification under this Lease.
Self-Help Remedies. Landlord may perform, on Tenant’s behalf, any unperformed covenant or obligation under this Lease constituting such Tenant Event of Default if such covenant or obligation remains unperformed on the date that is not less than ten (10) Business Days after entry of a final and non-appealable court order confirming such Tenant Event of Default, in which event, Tenant shall reimburse Landlord for all reasonable costs, expenses and disbursements incurred by Landlord in doing so, plus together with interest thereon at the Default Interest Rate from the Due Date for Other Additional Rent, but in any event without duplication for amounts for which Landlord seeks damages or indemnification under this Lease; provided, however, that any action taken by Landlord in accordance with this Section 23.2(b)(v) shall be made in compliance with Tenant’s reasonable rules with respect to the Leased Property;
Self-Help Remedies. Lessor may perform, on Lessee’s behalf, any unperformed covenant or obligation under this Lease constituting such Lessee Event of Default if such covenant or obligation remains unperformed on the date that is not less than ten (10) Business Days after entry of a final and non-appealable court order confirming such Lessee Event of Default, in which event, Lessee shall reimburse Lessor for all reasonable costs, expenses and disbursements incurred by Lessor in doing so, plus together with interest thereon at the Default Interest Rate from the Due Date for Additional Rent, but in any event without duplication for amounts for which Lessor seeks damages or indemnification under this Lease; provided, however, that any action taken by Lessor in accordance with this Section 23.2(b)(v) shall be made in compliance with Lessee’s rules and regulations with respect to the Leased Property; and
Self-Help Remedies. THE GRANTOR BEING FULLY AWARE OF THE RIGHT TO NOTICE AND A HEARING ON THE QUESTION OF THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THE GRANTOR BY THE BANK UNDER THIS AGREEMENT, AND RELATED AGREEMENTS AND DOCUMENTS, BEFORE THE GRANTOR CAN BE DEPRIVED OF ANY PROPERTY IN THE GRANTOR'S POSSESSION, HEREBY WAIVES THESE RIGHTS AND AGREES THAT, AFTER THE OCCURRENCE OF AN EVENT OF DEFAULT, THE BANK MAY EMPLOY SELF-HELP OR ANY LEGAL OR EQUITABLE PROCESS PROVIDED BY LAW TO TAKE POSSESSION OF ANY SUCH PROPERTY WITHOUT FIRST OBTAINING A FINAL JUDGMENT OR WITHOUT FIRST GIVING THE GRANTOR NOTICE AND THE OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM UPON WHICH SUCH TAKING IS MADE. THE GRANTOR WAIVES ALL RELIEF FROM ALL APPRAISEMENT OR EXEMPTION LAWS NOW IN FORCE OR HEREAFTER ENACTED.
Self-Help Remedies. NUTRITIONARY BEING FULLY AWARE OF THE RIGHT TO NOTICE AND A HEARING ON THE QUESTION OF THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST NUTRITIONARY BY SIMON UNDER THIS AGREEMENT, AND ANY OTHER TRANSACTION DOCUMENTS, BEFORE NUTRITIONARY CAN BE DEPRIVED OF ANY PROPERTY IN NUTRITIONARY'S POSSESSION, HEREBY WAIVES THESE RIGHTS AND AGREES THAT SIMON MAY EMPLOY SELF-HELP OR AXX XXXXX OR EQUITABLE PROCESS PROVIDED BY LAW TO TAKE POSSESSION OF ANY SUCH PROPERTY WITHOUT FIRST OBTAINING A FINAL JUDGMENT OR WITHOUT FIRST GIVING NUTRITIONARY NOTICE AND THE OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM UPON WHICH SUCH TAKING IS MADE. NUTRITIONARY WAIVES ALL RELIEF FROM ALL APPRAISEMENT OR EXEMPTION LAWS NOW IN FORCE OR HEREAFTER ENACTED.
Self-Help Remedies. INFOTOPIA BEING FULLY AWARE OF THE RIGHT TO NOTICE AND A HEARING ON THE QUESTION OF THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST INFOTOPIA BY VITAQUEST UNDER THIS AGREEMENT, AND ANY OTHER LOAN DOCUMENTS, BEFORE INFOTOPIA CAN BE DEPRIVED OF ANY PROPERTY IN INFOTOPIA'S POSSESSION, HEREBY WAIVES THESE RIGHTS AND AGREES THAT VITAQUEST MAY EMPLOY SELF-HELP OR ANY LEGAL OR EQUITABLE PROCESS PROVIDED BY LAW TO TAKE POSSESSION OF ANY SUCH PROPERTY WITHOUT FIRST OBTAINING A FINAL JUDGMENT OR WITHOUT FIRST GIVING INFOTOPIA NOTICE AND THE OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM UPON WHICH SUCH TAKING IS MADE. INFOTOPIA WAIVES ALL RELIEF FROM ALL APPRAISEMENT OR EXEMPTION LAWS NOW IN FORCE OR HEREAFTER ENACTED.
Self-Help Remedies. AHDC BEING FULLY AWARE OF THE RIGHT TO NOTICE AND A HEARING ON THE QUESTION OF THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST AHDC BY FRANKEL UNDER THIS AGREEMENT, XXX XNY OTHER TRANSACTION DOCUMENTS, BEFORE AHDC CAN BE DEPRIVED OF ANY PROPERTY IN AHDC'S POSSESSION, HEREBY WAIVES THESE RIGHTS AND AGREES THAT FRANKEL MAY EMPLOY SELF-HELP OR XXX XXGAL OR EQUITABLE PROCESS PROVIDED BY LAW TO TAKE POSSESSION OF ANY SUCH PROPERTY WITHOUT FIRST OBTAINING A FINAL JUDGMENT OR WITHOUT FIRST GIVING AHDC NOTICE AND THE OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM UPON WHICH SUCH TAKING IS MADE. AHDC WAIVES ALL RELIEF FROM ALL APPRAISEMENT OR EXEMPTION LAWS NOW IN FORCE OR HEREAFTER ENACTED.
Self-Help Remedies. To the extent the Code permits a secured party to exercise self-help remedies, including, without limitation, self-help repossession, the Secured Party shall be entitled to exercise any and all such remedies to the fullest extent permitted by applicable law. The Debtor hereby agrees that at least ten (10) days’ notice to the Debtor of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification. The Secured Party shall not be obligated to make any sale of Collateral regardless of notice of sale having been given. The Secured Party may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned.
Self-Help Remedies. 9.01 Notwithstanding anything hereinafter provided to the contrary, it is expressly understood and agreed that in the event that:
(a) the Shared Facilities Committee has failed to implement, carry out and/or complete any Shared Work that any one or more of the Two Condominiums would otherwise have a duty to implement, carry out and/or complete under this Agreement, the Act, the Pines Declaration, the Cedars Declaration or the by-laws of either of the Two Condominiums; or
(b) any of the Responsible Parties (as hereinafter defined) or the Shared Facilities Committee, as the case may be, fails to obtain and maintain the Shared Facilities Insurance (as that term is hereinafter defined) it is obliged to obtain and maintain pursuant to Article 12.00 hereof: (for the purposes of this Section the party failing to carry out the Shared Work, obtain and maintain the Shared Facilities Insurance and/or enter into its Shared Trust Agreement, as the case may be, shall be hereinafter referred to as a “Defaulting Party” and the party intending to carry out the Shared Work, obtain and maintain the Shared Facilities Insurance and/or enter into the Shared Trust Agreement, as the case may be, for and on behalf of the Defaulting Party shall be hereinafter referred to as the “Non-Defaulting Party”) then provided:
(i) written notice has been delivered to the Defaulting Party; and
(ii) the default set out in the aforesaid written notice has not been rectified within fourteen (14) days of the Defaulting Party’s receipt of said notice; the Non-Defaulting Party shall be entitled to carry out the Shared Work (provided however that the provisions of Section 8.02 and 8.03 hereof shall apply mutatis mutandis to said Shared Work) and/or obtain and maintain the Shared Facilities Insurance for and on behalf of the Defaulting Party and the cost incurred by the Non-Defaulting Party in connection with any of the foregoing provisions shall, for all purposes, constitute Shared Facilities Costs to be shared and paid for in accordance with the provisions of Article 5.00 hereof.
9.02 For the purposes of this Article 9.00, the commencement of any Shared Work by the Shared Facilities Committee shall be evidenced by either its institution of a tendering process in respect of the Shared Work, or by the actual implementation or utilization of physical labour and/or materials with respect thereto.
9.03 Notwithstanding anything hereinbefore provided to the contrary, each of the Two Condominiums shall be e...
Self-Help Remedies. If either party hereto fails to perform any of its obligations under this Agreement, in whole or in part, in addition to all other remedies it may have at law or in equity, the non-defaulting party shall have the right, but not the obligation, upon thirty (30) days’ prior written notice to the defaulting party (unless within that thirty (30) day period the defaulting party shall cure the default) to proceed to take such action as shall be reasonably necessary to cure the default, including entering any portion of the Easement Area to cure such default (including entering such reasonable portion of the defaulting party’s real property along and adjacent to the Easement Area for the repair, maintenance and construction needed to cure the defaulting party’s default), all in the name of such defaulting party and for the account of the defaulting party; provided, however, in the event of an emergency, the non-defaulting party may take such action to cure the default with such notice to the defaulting party as is reasonable under the circumstances. If either party expends sums for the performance of any obligations of the other party pursuant to the exercise of any self-help remedies under this Agreement, the defaulting party shall reimburse the non-defaulting party for the cost of that performance, within fifteen (15) days after the receipt of a statement therefor along with reasonable documentation substantiating the costs incurred by the non-defaulting party. Thereafter, interest shall accrue upon any unpaid amounts at the rate of ten percent (10%) per annum. Further, if the Parcel 11 Owner fails to pay the Easement Area Costs when due under Paragraph 2(c) above, interest shall accrue upon any unpaid amounts at the rate of ten percent (10%) per annum until it is paid in full. If the defaulting party fails to promptly pay any payment due under this Agreement (including the Parcel 11 Owner’s failure to pay the Easement Area Costs when due), the non-defaulting party (including the Parcel 12 Owner in the case where the Parcel 11 Owner fails to pay the Easement Area Costs when due) shall have the right to set off the amount due the defaulting party against any payments due from the nondefaulting party to the defaulting party under this Agreement. In addition, the non-defaulting party is hereby granted a lien against the defaulting party’s respective real property to secure the payment of all sums due and payable by the defaulting party hereunder, however, such lie...
