Xxxxxx; Remedies. Time is of the essence with regard to any payment terms, automatic renewal opt-out terms or any terms that relate to the acceptance or rejection of a Full Season Ticket Plan, a Half Season Ticket Plan or a Playoff Offer. No failure or delay by the Flyers to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy in case of a breach of this Agreement, shall constitute a waiver of any breach or any subsequent breach of such term.
Xxxxxx; Remedies. Upon (a) TIMET’s consent to the filing of, or TIMET’s commencement or consent to the commencement of, or a court’s entry of an order for relief in any TIMET Bankruptcy Event under Chapter 7 of Xxxxx 00, Xxxxxx Xxxxxx Code; (b) a TIMET Bankruptcy Event in which the Conversion Agreement is rejected by order of a court or by operation of law; or (c) the termination of the Conversion Agreement by TIMET for any reason other than an Event of Default (as defined in the Conversion Agreement) or TIMET’s exercise of its rights under Section 8(b) of this Agreement, the entire unearned portion of the Fee shall be deemed fully earned by Xxxxxx and nonrefundable to TIMET.
Xxxxxx; Remedies i. In the event that this Lease is terminated under any of the provisions contained in this Section, or shall be otherwise terminated for breach of any obligation of Lessee, Lessee covenants to pay forthwith to Lessor, as compensation, the total Rent reserved to the residue of the Term and, in addition, the amount of Rent of any kind accrued and unpaid at the time of termination. In calculating the Rent reserved, there shall be included, in addition to the payments of Rent as required under Section 10 of this Lease, the value of all other consideration agreed to be paid or performed by Xxxxxx for said residue. Lessee further covenants as additional and cumulative obligation after any such termination to pay punctually to Lessor all the sums and perform all the obligations which Lessee covenants in this Lease to pay and to perform in the same manner and to the same extent and at the same time as if this Lease had not been terminated.
ii. In calculating the amounts to be paid by Lessee pursuant to Section 10, above, Lessee shall be credited with: (i) any amount paid to Lessor as compensation as provided in this Section and (ii) with the net proceeds of any rent obtained by Lessor by reletting the Leased Premises, after deducting all Lessor’s expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, reasonable fees for legal services and the reasonable expenses of preparing the Leased Premises for such reletting. Xxxxxx agrees that Lessor may: (i) relet the Leased Premises or any part or parts thereof, for a term or terms which may, at Lessor’s option, be equal to or less than or exceed the period which would otherwise have constituted the balance of the Term, and for such consideration or rent as Lessor solely shall determine; or (ii) make such alteration, repairs and decorations in the Leased Premises as Lessor in its sole judgment considers advisable or necessary to relet the same.
iii. Nothing contained in this Lease shall, however, limit or prejudice the right of Lessor to prove for and obtain in proceedings for bankruptcy or insolvency by reason of the termination of this Lease, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, the damages are to be proved, whether or not the amount be greater, equal to, or less than the amount of the loss or damages referred to above.
Xxxxxx; Remedies. (a) Injunctive relief: Because of the unique nature of the XXXXX Data and Confidential Information, Brokerage Member, Subscriber Member Party, and ATP acknowledge and agree that XXXXX would suffer irreparable harm in the event that any of them breaches or threatens to breach its obligations under this Agreement, and that monetary damages would be inadequate to compensate XXXXX for a breach. XXXXX is therefore entitled, in addition to all other forms of relief, to injunctive relief to restrain any threatened, continuing or further breach by Brokerage Member, Subscriber Member Party, or ATP, or any one of them, without showing or proving any actual damages sustained by XXXXX, and without posting any bond. (b) Liquidated damages: Brokerage Member, Subscriber Member Party, and ATP acknowledge that damages suffered by XXXXX from access to the XXXXX Data by an unauthorized third party as a result of disclosure of any passwords or an unauthorized disclosure of the XXXXX Data to a third party would be speculative and difficult to quantify. Accordingly, as a material inducement to XXXXX to enter into this Agreement, Brokerage Member, Subscriber Member Party, and ATP agree that in the event Brokerage Member, Subscriber Member Party, Brokerage Member- Related Persons, or ATP, or its employees, agents, or contractors, disclose any password to access the XXXXX Data or disclose the XXXXX Data itself to any unauthorized third party, regardless of whether such disclosure is intentional or negligent, Brokerage Member, Subscriber Member Party, and ATP shall be liable to XXXXX for liquidated damages in the amount of $15,000 for each such disclosure and termination of this Agreement. Liability of Brokerage Member, Subscriber Member Party, and ATP under this paragraph is joint and several.
Xxxxxx; Remedies. (i) Upon the occurrence and continuation of any Event of Default, then, to the extent permitted by applicable law, Lessor shall have the right to exercise any one or more of the following remedies:
(a) To proceed by appropriate court action to enforce performance by Lessee of its obligations hereunder or to recover damages for breach thereof;
(b) To take possession of any Car, wherever located, without notice, legal process, prior judicial hearing or liability for trespass or other damage (all of which Lessee hereby voluntarily and intelligently waives) and, thereafter, hold, sell, operate or lease such Cars free of claims by Lessee, without interrupting the other business of Lessee;
(c) By notice to Lessee, to terminate all Leases with respect to which the same entity or an affiliate of such entity is Lessor and declare all rent then owing to Lessor hereunder and under such Riders immediately due and payable (whereupon Lessee shall promptly pay the same);
(d) To pursue any other remedy available to Lessor at law or in equity; and
(e) To draw under any letter of credit issued to Lessor pursuant to the Guaranty as described in Section 16(f) of the Guaranty.
(ii) If Lessor elects not to sell, re-lease, or otherwise dispose of all or any of the Cars and holds such Cars for the Lessee for the remaining Term, Lessor may recover, in addition to all rent accrued and unpaid as of the date of Lessor’s recovery of possession of the Cars, the difference between (a) the present value, as of such date, of the rent for the remainder of the Term respecting such Cars and (b) the present value, as of such date, of the fair market rental value (as determined by an appraiser selected by Lessor in its sole discretion) for the remainder of the Term respecting such Cars. Present value shall be computed using a discount rate equal to the yield on an actively traded U.S. Treasury issue selected by Lessor, as displayed on the “USD” screen or comparable screen of the Bloomberg Financial Markets Service, having a maturity equal to the then remaining length of the Term provided, however, that if such remaining Term is not equal to the maturity of an actively traded U.S. Treasury issue, such yield shall be obtained by linear interpolation from the yields of actively traded U.S. Treasury issues having the greater maturity closest to and the lesser maturity closest to such remaining Term (the “Default Discount Rate”).
(iii) If Lessor sells, leases, or otherwise disposes of all or any of...
Xxxxxx; Remedies. If Owner shall fail to timely pay any installment of the Contract Price when due, or if Owner shall otherwise breach this Contract, then Xxxxx & Xxxxx shall be free to exercise all rights and remedies available under this Contract or at law or in Equity. Xxxxx & Xxxxx’x remedies shall include: (1) the right to file suit against Owner for the Contract Price and for all other damages resulting from any breach by Owner, (2) the right to file a mechanics lien. (3) the right to suspend or stop work, (4) the right to terminate this Contract (without discharging Owner’s obligations), and (5) all other rights and remedies provided under this Contract or by law or in equity. LIMITED WARRANTY: Xxxxx & Xxxxx will provide Owner with a manufacturer’s warranty for materials when applicable. Xxxxx & Xxxxx makes no warranty or representation whatsoever with respect to materials. Xxxxx & Xxxxx will also provide Owner with a separate written Limited Warranty of its workmanship. Owner agrees that such Limited Warranty shall not be provided and shall not become effective, until Xxxxx & Xxxxx shall receive payment of the entire Contract Price (including payment for all extras, additional work, and interest, if any). Xxxxx & Xxxxx assumes no responsibility for the proper grading and structural integrity of the existing roof. Xxxxx & Xxxxx assumes no responsibility for any required repairs or replacements to the structure of the roof unless specifically included in the description of Work set forth on the reverse. Xxxxx & Xxxxx shall not be responsible under any circumstances for damages caused by any of the following: acts or omissions of Owner or third parties; lightning, winds of peak gust speeds of 55 m.p.h or higher measured at 10 meters above ground (If the roof(s) needs to be unloaded due to high winds or storms, Customer agrees to reimburse Contractor for labor and equipment costs for unloading and reloading the roof(s).), hail storms, flood, earthquake or other acts of God, weather, accidents, fire, vandalism, regulation, strikes, failure or delay of transportation, shortage of or inability to obtain materials; structural settlement; failure, movement, cracking of chimneys, skylights, vents, supports or other parts of the building; vapor condensation beneath the roof; penetrations for pitch boxes; erosion, cracking and porosity of mortar and brick; dry rot; stoppage of roof drains and gutters; penetration of the roof from beneath by rising fasteners of any type; inadequ...
Xxxxxx; Remedies. If the Companies shall take any action with respect to Xx. Xxxxx'x employment as set forth in paragraph 3(d) and (e) thereby entitling him to terminate 62
Xxxxxx; Remedies. If the Companies shall take any action with respect to Xx. Xxxxx'x employment as set forth in paragraph 3(d) thereby entitling him to terminate his employment as provided in paragraph 3(d), or discharges him without cause then Xx. Xxxxx shall be entitled to be paid a sum equal to two (2) years salary based on the base salary level in effect on the date of termination or discharge. Payments shall be made bimonthly in 48 equal installments and shall commence on the effective date of discharge or termination. The parties agree that, the payments provided hereunder shall be deemed to constitute payment for the non-compete provisions contained in paragraph 2(b) and not a penalty for breach by Companies and Companies agree that Xx. Xxxxx shall not be required to mitigate his damages. This paragraph shall constitute Xx. Xxxxx'x sole remedy for compensation upon the cessation of his employment and/or breach of this Agreement. In the event Xx. Xxxxx materially violates the non-compete provisions of paragraph 2(b) after his employment has ceased then Companies shall have the right to cease all payments required under the provisions of paragraph 3(c).
Xxxxxx; Remedies. If the County Default is a result of a monetary breach by County in the payment of the Rent, pursuant to Clause 9 (RENT), Lessor may declare all rent payments to the end of County’s current fiscal year to be due, including any delinquent rent from prior budget years. However, in no event shall Lessor be entitled to a remedy of acceleration of the total rent payments due over the Term of this Lease. Lessor’s remedies as the result of County Default for monetary or non-monetary breach shall be the right to damages, injunctive relief, and/or any other rights at law or in equity. In the event of an uncured County Default for an additional thirty (30) days beyond the cure periods set forth above, in addition to any other remedies available at law or in this Lease, the Lessor shall have the option to terminate this Lease.
Xxxxxx; Remedies. If the County Default is a result of a monetary breach by County in the payment of the Rent, pursuant to Clause 9 (RENT), Lessor may declare all rent payments to the end of County’s current fiscal year to be due, including any delinquent rent from prior budget years. However, in no event shall Lessor be entitled to a remedy of acceleration of the total rent payments due over the Term of this Lease. Notwithstanding anything to the contrary in this Lease, Xxxxxx’s remedies as the result of a County Default for monetary or non-monetary breach shall be the right to damages, injunctive relief, and/or any other rights at law or in equity
