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. 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
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. Upon a default by Lessee, Lessor may, in its sole and absolute discretion, exercise any one or more of the following remedies concurrently or in succession:
Xxxxxx; Remedies. No delay on the part of any party in exercising any right shall oper- ate as a waiver thereof, nor shall any waiver of any right operate as a waiver of any oth- er right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that the parties otherwise may have at law, in equity, or both.
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. Should an Event of Default by the Town occur hereunder, Xxxxx may, by written notice to the Town, terminate this Agreement, upon which termination Xxxxx shall furnish the Parking Deck Plans and Parking Deck Agreements to the Town and may exercise any remedies available to it at law or in equity, except that the Town shall not be liable to Xxxxx for damages that are consequential, incidental or punitive in nature, but shall be liable only for recovery of out-of-pocket costs, including, without limitation, those incurred in the design stage of the Parking Deck, and construction costs actually incurred after execution of this Agreement. All remedies provided to Xxxxx hereunder shall be cumulative and not restrictive of other remedies, including, without limitation, specific performance.
Xxxxxx; Remedies. (a) Injunctive relief: Because of the unique nature of the MARIS Data and Confidential Information, Firm, Salesperson Party, and Consultant 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 MARIS for a breach. XXXXX is therefore entitled, in addition to all other forms of relief, to seek injunctive relief to restrain any threatened, continuing or further breach by Firm, Salesperson Party, or Consultant, or any one of them, without showing or proving any actual damages sustained by XXXXX, and without posting any bond. (b) Liquidated damages: Firm, Salesperson Party, and Consultant acknowledge that damages suffered by XXXXX from access to the MARIS Data by an unauthorized third party as a result of disclosure of any passwords or an unauthorized disclosure of the MARIS Data to a third party would be speculative and difficult to quantify. Accordingly, as a material inducement to MARIS to enter into this Agreement, Firm, Salesperson Party, and Consultant agree that in the event Firm, Salesperson Party, Firm-Related Persons, or Consultant, or its employees, agents, or contractors, disclose any password to access the MARIS Data or disclose the MARIS Data itself to any unauthorized third party, regardless of whether such disclosure is intentional or negligent, Firm, Salesperson Party, and Consultant shall be liable to MARIS for liquidated damages in the amount of $15,000 for each such disclosure and termination of this Agreement. Liability of Firm, Salesperson Party, and Consultant under this paragraph is joint and several.
Xxxxxx; Remedies. Nothing in clause 15 of this Schedule 1 excludes or limits either Party’s right to seek or obtain any order or relief by way of injunction or declaration or other equitable or statutory remedy against the other Party or other person where the claimant believes such order or relief is necessary for the urgent protection of rights or property.
