Your Remedies. If we violate any of the above, you may possibly terminate this Lease and exercise other reme- dies under Texas Property Code Sec. 92.056 by following this procedure:
(a) all rent must be current, and you must make a writ- ten request for repair or remedy of the condition—after which we’ll have a reasonable time for repair or remedy;
(b) if we fail to do so, you must make a second written re- quest for the repair or remedy (to make sure that there has been no miscommunication between us)—after which we’ll have a reasonable time to repair or rem- edy; and
(c) if the repair or remedy still hasn’t been accomplished within that reasonable time period, you may immediate- ly terminate this Lease by giving us a final written notice.
Your Remedies. We’ll act with customary diligence to make repairs and reconnections within a reasonable time, taking into consideration when casualty-insurance proceeds are received. Unless required by statute after a casualty loss, or during equipment repair, your Rent SAMPLE ONLY
Your Remedies. (a) In addition to any other remedies you have under this Agreement if Sunrun (i) makes a general assignment for the benefit of creditors, files a petition in bankruptcy, appoints a trustee or receiver, or has all or substantially all of its assets subject to attachment, execution or other judicial seizure, or (ii) fails to perform an obligation under the Agreement and such failure continues beyond a period of ninety (90) days (provided, in each case, this Agreement is otherwise in full force and effect prior to such event), you will have the option to purchase the Solar Facility as set forth in Section 10(a)(iv).
(b) If (A) Sunrun, or following any assignment of this Lease by Sunrun to a third party, its assignee, (i) makes a general assignment for the benefit of creditors, files a petition in bankruptcy, appoints a trustee or receiver, or has all or substantially all of its assets subject to attachment, execution or other judicial seizure, or (ii) fails to perform an obligation under the Lease and such failure continues beyond a period of ninety (90) days (provided, in each case, this Lease is otherwise in full force and effect prior to such event), and (B) you elect to exercise the purchase option granted pursuant to Section 18(a), then you also shall be entitled to liquidated damages in an amount equal to the difference between (x) the price at which the Solar Facility may be purchased pursuant to Section 18 hereof, and (y) the value of the Upfront Payment that you have made to Sunrun which corresponds to energy not yet produced. Such liquidated damages payable to you pursuant to this Section 18(b) shall be taken into account and credited against the amount payable by you to acquire the Solar Facility.
Your Remedies. (a) In addition to any other remedies you have under this Agreement, if Sunrun (i) makes a general assignment for the benefit of creditors, files a petition in bankruptcy, appoints a trustee or receiver, or has all or substantially all of its assets subject to attachment, execution or other judicial seizure, or (ii) fails to perform an obligation under the Agreement and such failure continues beyond a period of ninety (90) days (provided, in each case, this Agreement is otherwise in full force and effect prior to such event), you will have the option to purchase the Solar Facility as set forth in Section 10(a)(iv).
Your Remedies. If we fail to issue our approval or consent as and when required under this Agreement within a reasonable time of not less than 30 days after we receive all of the information we request, and you believe our refusal to approve or consent is wrongful, you may bring a legal action against us to compel us to issue our approval or consent to the obligation. To the extent permitted by applicable law, this action shall be your exclusive remedy. We shall not be responsible for direct, indirect, special, consequential or exemplary damages, including, but not limited to, lost profits or revenues.
Your Remedies. If we fail to honor our obligations under Section 6 of this Agreement, or if we determine that you are not entitled to indemnification under this Agreement, you may seek (a) an adjudication in an appropriate court in the State of Delaware or in any other court of competent jurisdiction, or (b) an award in arbitration to be conducted by a single arbitrator under the rules of the American Arbitration Association, for the purpose of enforcing your rights under this Agreement. However, you may not seek such an adjudication or arbitration later than 180 days following the earlier of (x) the date of notice of a determination that you are not entitled to indemnification, or (y) the date 60 days after we receive your request for indemnification. Any judicial proceeding or arbitration commenced under this Section 14 shall be conducted de novo and without presumption that you are not entitled to indemnification. If the court or arbitrator determines that you are entitled to indemnification, we shall be bound by such determination, unless: . You have misstated a material fact or omitted a material fact necessary to make your statements in connection with the request for indemnification not misleading; or . Applicable law prohibits us from indemnifying you. In addition, we will pay your reasonable expenses incurred in successfully establishing your right to indemnification or advancement of expenses in any action (or settlement thereof) under this Section 14. We shall be precluded from asserting in any judicial proceeding or arbitration commenced under this Section 14 that the procedures and presumptions set forth in this Agreement are not enforceable. We agree to stipulate in any such court or before any such arbitrator that we are bound by all of the provisions of this Agreement.
Your Remedies. In the event of any of the foregoing events of default enumerated in this Article, and following ten (10) days notice by You and FWI’s failure to cure, You, at Your election, may exercise any one or more of the following options or remedies, the exercise of any of which will not be deemed to preclude the exercise of any other remedy herein listed or otherwise provided by statute or general law:
a. Terminate FWI's rights under this Master Agreement and, in accordance with law, FWI will remain liable for all payments or other sums due under this Master Agreement and for all damages suffered by You because of FWI's breach of any of the covenants of this Master Agreement; or.
b. Declare this Master Agreement to be terminated, ended, null and void. No waiver by You at any time of any of the terms, conditions, covenants, or agreements of this Master Agreement, or noncompliance therewith, will be deemed or taken as a waiver at any time thereafter of the same or any other term, condition, covenant, or agreement herein contained, nor of the strict and prompt performance thereof by FWI. No notice by You will be required to restore or revive time is of the essence hereof after waiver by You or default in one or more instances. No option, right, power, remedy, or privilege of You will be construed as being exhausted or discharged by the exercise thereof in one or more instances. It is agreed that each and all of the rights, powers, options, or remedies given to You by this Master Agreement are cumulative and that the exercise of one right, power, option, or remedy by You will not impair its rights to any other right, power, option, or remedy available under this Master Agreement or provided by law. No act or thing done by You or Your agents or employees during the Term will be deemed an acceptance of the surrender of this Master Agreement, and no acceptance of surrender will be valid unless in writing.
Your Remedies. You agree to notify us promptly if you believe we have failed to fulfill our obligations to you. If we are unable to resolve your issue, you may terminate receipt of any service in accordance with Section 1.2 titled “Termination of Services”. If you prefer not to terminate, you agree to give us written notice of our failure, in which case we shall be afforded a reasonable opportunity to cure. If Services are not performed or are defectively performed and we have failed to cure, you shall be entitled to a reasonable fee credit to be applied to the fees invoiced for such Services (or, with our consent, other Services).
Your Remedies. You agree to notify us promptly if you believe we have failed to fulfill our obligations to you. If we are unable to resolve your complaint, you may terminate receipt of any Service in accordance with the paragraph on “Termination of Services” above. If you prefer not to terminate, you agree to give us written notice of our failure, in which case we shall be afforded a reasonable opportunity to cure.
Your Remedies. If You believe in good faith that CJ is harming Your reputation or in breach of any of the following Sections of this Agreement: 4.2, 5.1, 5.2, 7, 10 and/or 11.2, You must notify CJ in accordance with Section 6.1 and provide CJ with the opportunity to cure such breach. You may terminate this Agreement immediately upon notice to CJ if CJ is in breach of Section 5.3 of this Agreement.
