Common use of Seller’s Remedies Clause in Contracts

Seller’s Remedies. In the event Purchaser fails to pay any amount due and owing hereunder, fails to perform any other obligation hereunder; Seller shall have the right to exercise one or more of the following remedies: (a) recover the balance of all amounts due hereunder; (b) enter any premises where the Equipment may be located and take possession of the Equipment or render it unusable and retain all prior payments as partial compensation for its use and depreciation; (c) require Purchaser to assemble the Equipment for safe shipment and make it available to Seller; (d) incur collection and legal expenses (including reasonable attorneys’ fees) in exercising any of its rights and remedies upon default, which Purchaser shall pay and which shall become part of Seller’s reasonable expenses of retaking, repairing, holding and reselling, and (e) pursue any other remedy permitted by law. Should legal proceedings be instituted by Seller to recover any amounts due hereunder or to take procession of the Equipment, Purchaser shall pay all collection expenses (including reasonable attorneys’ fees) and hereby waives trial by jury. If more than one Purchaser is named in this Agreement, the liability of each shall be joint and several. Seller’s rights shall be cumulative and action on one shall not be deemed to constitute an election or waiver of the other rights to which Seller may be entitled. Waiver by Seller of a breach or default shall not constitute waiver of any other breach or default by Purchaser or waiver of any of Seller’s rights.