Common use of Xxxxxxx’s Remedies Clause in Contracts

Xxxxxxx’s Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises to the condition that existed prior to any such injury. Without limiting Grantor's liability therefore, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Premises. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Premises, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Xxxxxxx's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement, and Grantor agrees that if Xxxxxxx's remedies at law for any violation of the terms of this Conservation Easement are inadequate, that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Xxxxxxx's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movement.

Xxxxxxx’s Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice by certified mail or email to Grantor of such violation and demand corrective action sufficient to cure the violation, and where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the property so injured. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot be reasonably cured within the thirty (30) day period, fails to begin curing such violation within the thirty (30) day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises Property to the condition that existed prior to any such injury. Without limiting Grantor's ’s liability thereforethere for, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the PremisesProperty. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the PremisesProperty, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Xxxxxxx's ’s rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement, and Grantor agrees that if Xxxxxxx's remedies at law for any violation of the terms of this Conservation Easement are inadequate, that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Xxxxxxx's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movement.

Xxxxxxx’s Remedies. If Subject to the provisions of Paragraph 22 herein, if Grantee determines that Grantor is in violation of the terms of this Conservation Grant of Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Grant of Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Grant of Easement or injury to any conservation values protected by this Conservation Grant of Easement, including damages for the loss of scenic, recreational, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises Trail Easement Area to the condition that existed prior to any such injury. Without limiting Grantor's ’s liability thereforetherefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the PremisesTrail Easement Area. If Grantee, in its sole discretion, determines Grantee shall determine that circumstances require immediate emergency action in order to prevent or mitigate significant damage or other adverse consequences to the conservation values value of the PremisesTrail Easement Area, Grantee Grantee, after making reasonable effort to notify Grantor, may pursue its remedies under this paragraph without prior notice to Grantor any or without waiting for the period provided for cure to expireall appropriate relief or remedies. Xxxxxxx's ’s rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Conservation Grant of Easement, and Grantor agrees that if Xxxxxxx's ’s remedies at law for any violation of the terms of this Conservation Grant of Easement are inadequate, that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Grant of Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Xxxxxxx's ’s remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Grant of Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises Trail Easement Area resulting from any causes beyond Grantor's ’s control, including, without limitation, fire, flood, storm, storm or earth movement.

Xxxxxxx’s Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violationviolation and, where the violation involves injury to the Protected Property resulting from any use or activity inconsistent with the terms or purpose of this Easement, to restore the portion of the Protected Property so injured, including re-forestation. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a (30) day period, fails to begin curing such violation within the thirty (30) day period, or fails to continue diligently to cure such violation until finally cured, it is agreed that Grantor and Grantee shall first seek resolution of the disagreement by negotiation. If negotiation is unsuccessful, it is agreed by Grantor and Grantee to then seek resolution of the disagreement by mediation, and as a last resort if both of those measures fail, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, violation ex parte as if necessary, by temporary restraining order, and to obtain a temporary or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values Conservation Values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, water resource protection or environmental valuesConservation Values, and to require the restoration restoration, including re- forestation, of the Premises Protected Property to the condition that existed prior to any such injury. Without limiting Grantor's ’s liability therefore, Grantee, Grantee in its sole discretion, may apply any damages recovered recovered, to the cost of undertaking any corrective action on the PremisesProtected Property. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values Conservation Values of the PremisesProtected Property, Grantee may pursue its remedies under this paragraph Section without prior notice to Grantor or without waiting for the period provided for cure to expire. Xxxxxxx's ’s rights under this paragraph Section apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement, and . The Grantor agrees that if Xxxxxxx's ’s remedies at law for any violation of the terms of this Conservation Easement are inadequate, that Grantee shall be entitled to the injunctive relief described in this paragraphSection, are both prohibitive and mandatory, and are in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Xxxxxxx's ’s remedies described in this paragraph Section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained Enforcement shall not be defeated because of any subsequent adverse possession, laches, estoppel or waiver. The Grantee’s enforcement rights are in this Conservation Easement addition to, and shall be construed to entitle Grantee to bring any action against Grantor for any injury to not limit, enforcement rights available under the provisions of law or change in the Premises resulting from any causes beyond Grantor's control, including, without limitation, fire, flood, stormequity, or earth movementunder any applicable permit or certification.

Xxxxxxx’s Remedies. If Grantee determines that Grantor is in a violation of the terms of this Conservation Easement has occurred or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to in writing the cure the violationof such violation (“Notice of Violation”). If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Granteea Notice of Violation, or if the cure reasonably requires more than thirty (30) days to complete and Grantor fails to begin the cure within the thirty (30)- day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce for any or all of the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, following: to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or for any injury to the Conservation Values of the Property; to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies; to pursue any conservation values protected by this Conservation Easementother legal or equitable relief, including damages for the loss of scenicbut not limited to, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises Property to the condition that in which it existed prior to any such violation or injury; or to otherwise enforce this Conservation Easement. Without limiting the liability of Grantor's liability therefore, Grantee, in its sole discretion, Grantee may apply any damages recovered to the cost of undertaking any corrective action on the PremisesProperty. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage injury to the conservation values Conservation Values of the PremisesProperty, Grantee may pursue its remedies under this paragraph Conservation Easement without prior notice to Grantor or without waiting for the period provided for cure to expire. Xxxxxxx's ’s rights under this paragraph section apply equally in the event of either to actual or threatened violations of the terms of this Conservation Easement, and . Grantor agrees that if Xxxxxxx's ’s remedies at law for any violation of the terms of this Conservation Easement are inadequate, inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraphsection, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Xxxxxxx's ’s remedies described in this paragraph section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to the remedies set forth in California Civil Code Section 815, et seq. Nothing contained in this Conservation Easement shall be construed to entitle The failure of Grantee to bring any discover a violation or to take immediate legal action against Grantor for any injury to or change in the Premises resulting shall not bar Grantee from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movementtaking such action at a later time.

Xxxxxxx’s Remedies. If Grantee determines that Grantor is in The rights hereby granted shall include the right to enforce this Restriction by appropriate legal proceedings and to institute suit(s) to enjoin any violation of the terms of this Conservation Easement or that a violation is threatenedRestriction by ex parte, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Granteetemporary, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or preliminary and/or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, water resource protection or environmental valueswithout limitation prohibitory and/or mandatory injunctive relief, and to require the restoration of the Premises Building to the condition and appearance required under this Restriction (it being agreed that existed prior Grantee may have no adequate remedy at law), which rights shall be in addition to, and not in substitution of, all other legal and other equitable remedies available to any Grantee to enforce Xxxxxxx’s obligation hereunder. Except in the case of an emergency, Xxxxxxx agrees that no such injury. Without limiting enforcement actions will be taken unless (a) Grantee has sent written notice to Grantor's liability therefore, Granteespecifying Grantor’s failure to comply with the terms of this Restriction, in its sole discretion, may apply any damages recovered and (b) Grantor fails to cure the cost of undertaking any corrective action on same within thirty (30) days from the Premises. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values date of the PremisesGrantee’s notice, Grantee may pursue its remedies under this paragraph without prior notice or, if such cure cannot reasonably be completed within said thirty (30) days, Xxxxxxx has commenced to Grantor or without waiting for the cure said default within said thirty (30) day period provided for and is pursuing said cure diligently to expirecompletion. Xxxxxxx's rights under this paragraph apply equally in In the event Grantor is found to have violated any of either actual its obligations, Grantor shall reimburse Grantee for any costs or threatened violations expenses incurred in connection with Xxxxxxx’s enforcement of the terms of this Conservation EasementRestriction, including all reasonable court costs and attorney, architectural, engineering and expert witness fees, together with interest thereon at the interest rate applied by state statute. Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting the use of any other remedy, and Grantor agrees that if Xxxxxxx's remedies the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at law for any violation other time. By its acceptance, Grantee does not undertake any liability or obligation relating to the condition of the terms of this Conservation Easement are inadequateProperty or the Building, that including with respect to compliance with hazardous materials or other environmental laws and regulations. Nothing herein shall impose upon the Grantee shall be entitled any affirmative obligation or liability relating to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance condition of the terms of this Conservation Easement, without the necessity of proving either actual damages Property or the inadequacy of otherwise available legal remedies. Xxxxxxx's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movementBuilding.

Xxxxxxx’s Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violationviolation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of Property so injured. If Grantor fails to cure the violation within a thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty (30)-day period, fails to begin curing such violation within the thirty (30)-day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee it may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values Conservation Values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises Property to the condition that existed prior to any such injury. Without limiting Grantor's liability therefore, Grantee, in its sole discretion, may Grantee shall apply any damages recovered to the cost of undertaking any the needed corrective action on the PremisesProperty. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the PremisesProperty, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Xxxxxxx's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement, and Grantor agrees that if Xxxxxxx's remedies at law for any violation of the terms of this Conservation Easement are inadequate, inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Xxxxxxx's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movement.

Xxxxxxx’s Remedies. If Grantee determines that Grantor or a third party acting with Xxxxxxx’s knowledge or consent is in violation of the terms of this Conservation Easement or that a violation is threatenedEasement, Grantee shall give written notice to Grantor of such violation and violation. In said notice of violation, Grantee shall demand corrective action sufficient to cure the violation, and, where the violation involves injury to the Property resulting from any use or activity that is inconsistent with the terms and Purposes of this Easement, Grantee shall demand corrective action to restore the portion of the Property so injured. If Grantor Grantor: fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation within thirty (30) days after receipt of notice thereof from Grantee (or, within 30 days of Grantor’s receipt of notice from Xxxxxxx, fails to agree with Grantee in writing on a date by which efforts to cure such violation will reasonably begin), or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law action, without bond or in equity in a court of competent jurisdiction surety required, to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, violation by temporary or permanent injunction, to require the restoration of the Property to the condition that existed prior to any such injury, and to recover any damages to which Grantee it may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises to the condition that existed prior to any such injury. Without limiting Grantor's liability therefore, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Premises. If Grantee, in its sole discretion, determines that a violation is threatened or imminent and that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Premisesany Conservation Value, Grantee may pursue its remedies under this paragraph Paragraph without prior giving the notice to Grantor required or without waiting for the period provided for cure to expire. Xxxxxxx's ’s rights under this paragraph Paragraph A apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement, and Grantor agrees that if Xxxxxxx's remedies at law for any violation of the terms of this Conservation Easement are inadequate, that Grantee shall be entitled to the injunctive relief described in this paragraphParagraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. If injunctive relief is inadequate to restore the Conservation Values as a result of a violation and to compensate Grantee and the public for the loss and damage to Grantee’s rights, Grantee shall be entitled to recover damages for violation of the terms of this Easement or injury to any Conservation Value protected by this Easement including, without limitation, damages for the loss of scenic, aesthetic, or natural resource values. Without limiting Grantor's liability therefore, Grantee, in its sole discretion, shall apply any damages recovered to the cost of undertaking any corrective action on the Property. Xxxxxxx's ’s remedies described in this paragraph Paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond Grantor's control, including, without limitation, fire, flood, storm, or earth movement.

Xxxxxxx’s Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises to the condition that existed prior to any such injury. Without limiting Grantor's ’s liability therefore, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on of the Premises. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Premises, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Xxxxxxx's ’s rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement, and Grantor agrees that if Xxxxxxx's ’s remedies at law for any violation of the terms of this Conservation Easement are inadequate, that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Xxxxxxx's ’s remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond Grantor's ’s control, including, without limitation, fire, flood, storm, or earth movement.