Town Remedies Sample Clauses

Town Remedies. Upon a Entity Name Event of Default, the Town shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever, concurrently or consecutively and not alternatively: the Town may terminate this Agreement; Upon any termination of this Agreement, whether by lapse of time or otherwise, Entity Name shall surrender possession and vacate the Lease Area immediately and deliver possession thereof to the Town, and the Town may enter into and upon the Lease Area in such event and to repossess the Lease Area and to expel or remove Entity Name and any others who may be occupying or be within the Premises, and to remove Entity Name's signs and other evidence of tenancy and all other property of Entity Name therefrom, subject only to the provisions in § 6.6 on Removal of the System, without the Town being deemed in any manner guilty of trespass, eviction or forcible entry or detainer and without incurring any liability for any damage resulting therefrom, Entity Name waiving any right to claim damages for such re-entry and expulsion, and without relinquishing the Town's right to rent or any other right given to the Town under this Agreement or by operation of law. The Town may, but need not, enter into a new lease of the Lease Area or any part thereof for such rent and upon such terms as the Town, in its sole discretion, shall determine (including the right to re-lease the premises upon such terms as the Town desires, including without limitation a greater or lesser rent, or for a greater or lesser term than that remaining under this Agreement and the right to change the character or use made of the Premises). In connection with or in preparation for any re-leasing, the Town may, but shall not be required to, make repairs or alterations to the Premises to the extent the Town deems necessary or desirable, and Entity Name shall, upon demand, pay the cost thereof, together with Town's expenses of re-leasing; Until such time as the Town shall elect to terminate the Agreement and shall thereupon be entitled to recover the amounts specified herein, Entity Name shall pay to the Town upon demand the full amount of all rent, including any amounts treated as additional rent under this Agreement and other sums reserved in this Agreement for the remaining Term, together with the costs of repairs or alterations and the Town's expenses of re-letting and the collection of the rent accruing therefrom (including attorney's fees and disburse...
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Town Remedies. The Town shall have the following remedies with respect to any Developer Default, including:‌
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Town Remedies. If any one or more Events of Default on the part of Developer occurs, then the Town may exercise any one or combination of the following remedies: (a) terminate this Agreement by written notice to Developer of its intention to terminate this Agreement on the date of such notice or on any later date specified in such notice, provided such termination occurs before Closing; and/or
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Town Remedies. Should an Event of Default by Xxxxx occur hereunder, the Town may, by written notice to Xxxxx, terminate this Agreement and receive any Parking Deck Plans or Parking Deck Agreements from Xxxxx. The Town may also exercise any other remedies available to it at law or in equity, with or without terminating this Agreement, including the right to monetary damages resulting from the Event of Default, provided, however, in no event shall Xxxxx be liable to the Town for damages that are consequential, incidental or punitive in nature. Notwithstanding the foregoing, in no event shall Xxxxx be obligated to reimburse the Town for the costs and expenses of the site preparation work pursuant to Section 2.1.4 herein or for other costs of improving the Property or the Parking Deck. All remedies provided to the Town under this Agreement shall be cumulative, and not restrictive of other remedies, including the remedy of specific performance.
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Town Remedies. Should the Town determine in its sole discretion that the Licensee has failed to comply with any term of this Agreement or that any Participant(s) is detrimental to the health, safety or well-being of any person or threatens to, or causes, damage to the Facilities, or other Town property, then such failure/conduct may result in any one or more of the following actions: the immediate termination of this Agreement, the immediate termination of the Licensee’s use of the Facilities on the Event Date(s), the immediate removal of the individual and/or group of individuals responsible for the conduct, notification to the Colchester Police Department, loss of the Fee and any other payments made or due to the Town, denial of future use of Town property, including the Facilities, and a fee assessment to cover any damages. Nothing in this Section shall limit the Town’s right to bring any action under law or equity, and the Town’s remedies hereunder shall be cumulative. This obligation to pay shall survive the termination of this Agreement.
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Town Remedies. The Town reserves the right to decrease Contract Price and/or payments made under this Agreement, in an amount determined by the Town in its sole discretion, if the above provision is not included in Subconsultant’s and Subcontractor’s contracts, and one or more Subconsultants and/or Subcontractors do not allow the Town to audit their records to verify the accuracy and appropriateness of pricing data.
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Town Remedies. The Town's remedies against Developer for Developer's breach of this Agreement include without limitation the refusal to issue any building permit or certificate of occupancy; the revocation of any building permit under which construction directly related to such building permit has not commenced; and any other remedy available at law.
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Related to Town Remedies

  • State’s Remedies If Contractor is in breach under any provision of this Contract and fails to cure such breach, the State, following the notice and cure period set forth in §14.B., shall have all of the remedies listed in this §15.A. in addition to all other remedies set forth in this Contract or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively.

  • Warranty Remedies Contractor acknowledges that all warranties granted to the Department by the Uniform Commercial Code of the State of Utah apply to the Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to the Contract. For any goods or service that the Department determines does not conform with this warranty, the Department may arrange to have the item repaired or replaced, or the service performed either by Contractor or by a third party at the Department's option, at Contractor's expense. If any item or services does not conform to this warranty, Contractor shall refund the full amount of any payments made. Nothing in this warranty will be construed to limit any rights or remedies the Department may otherwise have under the contract.

  • Default Remedies (a) If an Event of Default (other than an insolvency Event of Default) has occurred and is continuing, the Lender, by notice to the Company, may declare the Loan Amount of this Note and all accrued interest thereon to be immediately due and payable, and upon any such declaration, such Loan Amount and accrued interest shall thereupon become due and payable immediately within five (5) business days from the Lender’s written request. In the event the Company fails to pay all outstanding Amounts within this five (5) business day period, the interest rate on the unpaid and outstanding Loan Amount of this Note shall be increased to, and this Note shall bear interest at, a monthly rate equal to one and a half percent (1.5%) or to the maximum rate permitted by law (the "Default Rate") from the expiration of the five (5) business day period until such unpaid and outstanding Loan Amount of this Note is repaid in full. If an insolvency Event of Default has occurred, the Loan Amount of this Note and accrued Interest thereon will become immediately due and payable without any declaration or any act on the part of any Lender. Such declaration of acceleration may be rescinded and past defaults may be waived by the Lender. (b) No course of dealing or delay or failure on the part of the Lender to exercise any right under this Section shall operate as a waiver of such right or otherwise prejudice the Lender’s rights, powers and remedies. The Company will pay or reimburse the Lender, to the extent permitted by law, for all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, incurred by the Lender in collecting any sums due on this Note or in otherwise enforcing any of the Lender's rights hereunder. (c) No right or remedy herein conferred upon the Lender is intended to be exclusive of any other right or remedy contained herein or existing at law, in equity, by statute or otherwise, and every such right or remedy shall be cumulative and shall be in addition to every other such right or remedy contained herein and therein or now or hereafter existing at law, in equity, by statute or otherwise.

  • Breach; Remedies Failure of either party to perform any obligation of this Contract shall be deemed a breach. Except as otherwise provided for by law or this Contract, the rights and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including but not limited to actual damages, and to a prevailing party reasonable attorneys' fees and costs. It is specifically agreed that reasonable attorneys' fees shall not exceed $150.00 per hour.

  • Additional Remedies Upon the occurrence and during the continuation of an Event of Default, Secured Party shall have the right and power to: (a) instruct Grantor, at its own expense, to notify any parties obligated on any of the Collateral, including any Account Grantors, to make payment directly to Secured Party of any amounts due or to become due thereunder, or Secured Party may directly notify such obligors of the security interest of Secured Party, and/or of the assignment to Secured Party of the Collateral and direct such obligors to make payment to Secured Party of any amounts due or to become due with respect thereto, and thereafter, collect any such amounts due on the Collateral directly from such Persons obligated thereon; (b) enforce collection of any of the Collateral, including any Accounts, by suit or otherwise, or make any compromise or settlement with respect to any of the Collateral, or surrender, release or exchange all or any part thereof, or compromise, extend or renew for any period (whether or not longer than the original period) any indebtedness thereunder; (c) take possession or control of any proceeds and products of any of the Collateral, including the proceeds of insurance thereon; (d) extend, renew or modify for one or more periods (whether or not longer than the original period) the Obligations or any obligation of any nature of any other obligor with respect to the Obligations; (e) grant releases, compromises or indulgences with respect to the Obligations, any extension or renewal of any of the Obligations, any security therefor, or to any other obligor with respect to the Obligations; (f) transfer the whole or any part of Capital Securities which may constitute Collateral into the name of Secured Party or Secured Party's nominee without disclosing, if Secured Party so desires, that such Capital Securities so transferred are subject to the security interest of Secured Party, and any corporation, association, or any of the managers or trustees of any trust issuing any of such Capital Securities, or any transfer agent, shall not be bound to inquire, in the event that Secured Party or such nominee makes any further transfer of such Capital Securities, or any portion thereof, as to whether Secured Party or such nominee has the right to make such further transfer, and shall not be liable for transferring the same; (g) vote the Collateral; (h) make an election with respect to the Collateral under Section 1111 of the Bankruptcy Code or take action under Section 364 or any other section of Bankruptcy Code; provided, however, that any such action of Secured Party as set forth herein shall not, in any manner whatsoever, impair or affect the liability of Grantor hereunder, nor prejudice, waive, nor be construed to impair, affect, prejudice or waive Secured Party's rights and remedies at law, in equity or by statute, nor release, discharge, nor be construed to release or discharge, Grantor, any guarantor or other Person liable to Secured Party for the Obligations; and (i) at any time, and from time to time, accept additions to, releases, reductions, exchanges or substitution of the Collateral, without in any way altering, impairing, diminishing or affecting the provisions of this Security Agreement, the Loan Documents, or any of the other Obligations, or Secured Party's rights hereunder, under the Obligations. Grantor hereby ratifies and confirms whatever Secured Party may do with respect to the Collateral and agrees that Secured Party shall not be liable for any error of judgment or mistakes of fact or law with respect to actions taken in connection with the Collateral other than as a result of intentional misconduct or gross negligence.

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