Authority’s Remedies. In the event of any of the foregoing events of default enumerated in this Article, and following 30 days' notice by Authority and Company's failure to cure, Authority, at its 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 Company’s rights under this Agreement. Company will remain liable for all payments or other sums due under this Agreement and for all damages suffered by Authority because of Company’s breach of any of the covenants of this Agreement; or
B. Treat the Agreement as remaining in existence, curing Company’s default by performing or paying the obligation that Company has breached. In such event all sums paid or expenses incurred by Authority directly or indirectly in curing Company’s default will become immediately due and payable, as well as interest thereon, from the date such fees or charges became due to the date of payment, at the Federal Reserve Bank of New York prime rate in effect on the date the fees or charges became due plus 4 percent (FRBNY prime + 4%) or 12 percent per annum, whichever is greater, to the maximum extent permitted by law; or
C. Declare this Agreement to be terminated, ended, null and void. No waiver by Authority at any time of any of the terms, conditions, covenants, or agreements of this 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 Company. No delay, failure, or omission of Authority to exercise any right, power, privilege, or option arising from any default, nor subsequent acceptance of fees or charges then or thereafter accrued, will impair any such right, power, privilege, or option, or be construed to be a waiver of any such default. No notice by Authority will be required to restore or revive time is of the essence hereof after waiver by Authority or default in one or more instances. No option, right, power, remedy, or privilege of Authority 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, privileges, or remedies given to Authority by this Agreement are cumulative and that the exercise of one right, power, option, pri...
Authority’s Remedies. In the event of any of the foregoing Events of Default enumerated in this Article, and following thirty
Authority’s Remedies. In the event of any of the foregoing Events of Default enumerated in this Article, and following thirty (30) days’ notice by the Authority and the Airline’s failure to cure, the Authority, at its 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 the Airline’s rights under this Agreement and, in accordance with Applicable Laws, take possession of the Airline’s Airline Premises. The Authority will not be deemed to have thereby accepted a surrender of its Airline Premises, and the Airline will remain liable for all payments and other sums due under this Agreement and for all damages suffered by the Authority because of the Airline’s breach of any of the covenants of Agreement; or
B. Treat this Agreement as remaining in existence, curing the Airline’s default by performing or paying the obligation that the Airline has breached. In such event all sums paid or expenses incurred by the Authority directly or indirectly in curing the Airline’s default, plus an Administrative Charge thereon, will become immediately due and payable, as well as interest thereon, from the date such fees or charges became due to the date of payment, at the rate of one and one-half percent (1.5%) per month, to the maximum extent permitted by Applicable Laws; or
C. Declare this Agreement to be terminated, ended, null and void, and reclaim possession of the Airline’s Airline Premises, whereupon all rights and interest of the Airline in its Airline Premises and common use areas will end. No waiver by the Authority at any time of any of the terms, conditions, covenants, or agreements of this Agreement, or non-compliance 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 the Airline. No delay, failure, or omission of the Authority to re-enter the Airline’s Airline Premises or to exercise any right, power, privilege, or option arising from any default nor subsequent acceptance of fees or charges then or thereafter accrued will impair any such right, power, privilege, or option, or be construed to be a waiver of any such default or relinquishment, or acquiescence of the Airline Premises. No notice by the Authority will be required to restore or revive...
Authority’s Remedies. Upon the occurrence of any event enumerated in Paragraphs 12.01A, or 12.01B, including applicable notice and cure periods, the following remedies shall be available to AUTHORITY:
Authority’s Remedies. Upon the occurrence of any Affiliated Airline Event of Default that remains uncured following the expiration of any applicable notice and cure periods, the Authority shall have the right to avail itself of the rights and remedies set forth in the Space Rental Agreement as if such rights and remedies were set forth herein, and Affiliated Airline shall pay to the Authority all other costs incurred by the Authority in the exercise of any remedy in this Section 6.1.B, including but not limited to reasonable attorney fees, disbursements, court costs, and expert fees.
Authority’s Remedies. The rights and benefits conferred upon the Authority by this Deed are in addition to any other rights and remedies it may have against the Consultant including without prejudice to the generality of the foregoing any remedies in negligence. INSPECTION OF PROJECT DATA The Consultant's liabilities under this Deed will not be in any way reduced or extinguished by reason of any inspection or approval of the Project Data or attendance at site meetings or other enquiry or inspection which the Authority may make or procure to be made for its benefit or on its behalf.
Authority’s Remedies. Upon default by the City, the Authority shall have the right to all remedies available at law or equity.
Authority’s Remedies. The rights and benefits conferred upon the Authority by this Deed are in addition to any other rights and remedies it may have against the Building Contractor including without prejudice to the generality of the foregoing any remedies in negligence.
Authority’s Remedies. The rights and benefits conferred upon the Authority by this Agreement are in addition to any other rights and remedies it may have against the Consultant including without prejudice to the generality of the foregoing any remedies in negligence.
Authority’s Remedies. 884 If Contractor and Authority cannot agree in good faith on terms and conditions of Contractor providing 885 new Services within sixty (60) Calendar Days from the end of the Authority’s review period described in 886 Section 4.20.3:
887 1) In the event that the subject services are: (a) not Niche Services; and/or, (b) the Authority desires to 888 have Contractor provide the requested new/additional services, the Authority and Contractor agree to 889 binding Arbitration limited to the remaining disputed issues that were identified in the 60-day period ; 890 or, 891
892 2) In the event that the subject services are Niche Services, the Authority may permit Persons other than 893 Contractor to provide those Niche Services at a location other than the Approved Processing Facilities 894 and Landfill only after Parties have exhausted the requirements of Sections: 3.2, 4.20.5(1) and 4.20.2(6) 895 4.21 Triennial Review of 75% Recycling Goal 896 The Authority and Contractor agree that the common goal of the Parties for this Agreement is to 897 facilitate the local achievement of the State’s seventy-five percent (75%) recycling goal by the year 2020. 898 In January of 2016 and every three (3) years thereafter during the Term, Authority and Contractor shall 899 meet to review the current level of recycling (as measured by CalRecycle) being achieved within the 900 Authority’s service area. The Franchise Agencies’ staff and Franchise Collectors management shall also 901 be invited to the meetings. These meetings shall be called “Recycling Goal Meetings.” One (1) week 902 prior to each Recycling Goal Meeting, each Party shall provide the other with its assessment of the 903 progress and performance towards achieving the seventy-five percent (75%) recycling goal by 2020. The 904 Parties shall meet to discuss their respective assessments and to cooperatively develop 905 recommendations for improvements or modernizations of programs, services, or the methods for 906 providing them. The objective of the Parties during these meetings shall be to identify continuous 907 improvement opportunities and formulate recommendations for implementing them within the existing 908 cost structure of the Agreement and Franchise Agency Collection Franchises. 909 The Authority Contract Manager and Contractor shall jointly develop a report to the Authority Board of 910 Directors advising the Board of Directors on the progress towards the diversion goal. In the event that 911 the Authority C...
