Vendor's Remedies. 11.3 If the Purchaser does not comply with the terms of the Settlement Notice served by the Vendor then:
Vendor's Remedies. In the event of a default by the Purchaser, then, in addition to any other rights or remedies which the Vendor may have, the Vendor, at its option, shall have the right to terminate this Agreement and preserve any rights the Vendor may have against the Purchaser and in such event, all monies paid hereunder (including the deposits paid or agreed to be paid by the Purchaser in this Agreement which sums shall be accelerated on demand of the Vendor), together with any interest earned thereon and monies paid or payable for extras or upgrades ordered by the Purchaser, whether or not installed in the Unit, shall be forfeited to the Vendor as liquidated damages and not as a penalty and it shall not be necessary for the Vendor to prove it suffered any damages in order for the Vendor to be able to retain the aforesaid monies. The Vendor shall in such event still be entitled to claim damages from the Purchaser in addition to any monies forfeited to the Vendor. In the event the Vendor's solicitor is holding any of the deposits in trust pursuant to the Agreement, then in the event of a default, the Vendor's solicitor shall pay to the Vendor the said deposits together with any interest accrued thereon, provided the Vendor has delivered to its solicitors a certificate of an officer of the Vendor, certifying that the Purchaser has committed a default pursuant to this Agreement that has not been remedied and that the Vendor has terminated this Agreement and that the Vendor is therefore entitled to the deposit and accrued interest, if any. Thereupon the Purchaser hereby releases the said solicitors from any obligation to hold the deposit monies, if any, in trust, and shall not make any claim whatsoever against the said solicitors and the Purchaser hereby irrevocably authorizes and directs the said solicitors to deliver the said deposit monies and accrued interest, if any, to the Vendor.
Vendor's Remedies. If DISTRICT defaults under this CONTRACT, proceeding for dispute resolution arising out of this CONTRACT shall be brought and tried in the County of San Bernardino, State of California, and the prevailing party shall be entitled to reasonable attorney fees. VENDOR may file a claim with DISTRICT, in accordance with applicable provisions of law.
Vendor's Remedies. (i) If Purchaser fails, other than by virtue of the Vendor’s breach under this Agreement, to complete the purchase of the Subject Assets in accordance with the terms hereof other than for a permitted termination hereunder, Vendor may terminate this Agreement and retain the Deposit and all interest thereon as Vendor’s sole remedy and as agreed liquidated damages for such breach, in which event this Agreement will be of no further force or effect, except for those provisions hereof that expressly survive a termination of this Agreement;
Vendor's Remedies. The Vendor's obligations under this Section 14 ----------------- will not apply to any infringement or violation of Intellectual Property Rights caused by modification of the Products, the System, any PCS System or any component thereof by the Owner, or any infringement caused solely by the Owner's use and maintenance of the Products other than in accordance with the Specifications or the purposes contemplated by this Contract, except as expressly authorized or permitted by the Vendor. The Owner will indemnify the Vendor against all liabilities and costs, including reasonable attorneys' fees, for defense and settlement of any and all claims against the Vendor based upon infringement or violation of third parties' Intellectual Property Rights in connection with this subsection 14.4 and arising solely from modification of the Equipment made without Vendor's express prior consent.
Vendor's Remedies. If District defaults under this CONTRACT, Vendor may file a claim with District, in accordance with applicable provisions of law.
Vendor's Remedies. In the event of a default by the Purchaser, then, in addition to any other rights or remedies which the Vendor may have, the Vendor, at its option, shall have the right to declare this Agreement null and void and in such event, all monies paid hereunder (including the deposits paid or agreed to be paid by the Purchaser pursuant to this Agreement as set forth on the first page hereof, or on any schedule hereto, which sums shall be accelerated on demand of the Vendor), together with any interest earned thereon and monies paid or payable for extras or upgrades ordered by the Purchaser, whether or not installed in the House, shall be forfeited to the Vendor as liquidated damages and not as a penalty.
Vendor's Remedies. If OCSD defaults under the Agreement, Vendor may file a claim with OCSD, in accordance with applicable provisions of law.
Vendor's Remedies
