Remedies for Failure to Deliver Sample Clauses

Remedies for Failure to Deliver or Accept the Contract Quantity), § 8a (Off-Spec Gas), § 10.3 (Termination for Material Reason), §10.4 (Automatic Termination), § 13 (Invoicing and Payment) and § 14 (VAT and Taxes), a Party and its employees, officers, contractors and/or agents, shall not be liable to the other Party for any loss, cost, expense or damages ("Damages"), incurred by the other Party under or in connection with the Agreement, except where such Damages are due to the negligence, intentional default or fraud of a Party or its employees, officers, contractors and/or agents used by such Party in performing its obligations under the Agreement.
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Remedies for Failure to Deliver or Accept the Contract Quantity), § 8a (Off-Spec Gas), § 10.3 (Termination for Material Reason) § 13 (Invoicing and Payment) or § 14 (VAT and Taxes)).
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Remedies for Failure to Deliver or Accept the Contract Quantity), § 8a (Off-Spec Gas), § 10.3 (Termination for Material Reason) § 10.4 (Automatic Termination), § 13 (Invoicing and Payment) and § 14 (VAT and Taxes)) exclude liability for loss of profit, goodwill, business opportunity or anticipated saving and for indirect or consequential Damages (and the above categories of loss shall be considered independently and the eiusdem generis rule of construction under English law shall not apply); and
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Remedies for Failure to Deliver and Accept Electricity 1.
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Remedies for Failure to Deliver and Accept), a Party and its employees, officers, contractors and/or agents , are not liable to the other Party for any loss, cost, expense or damages ("Damages"), (including, without limitation, any liability due to the irregularities in the supply of electricity under an Individual Contract) incurred by the other Party under or in connection with the Agreement, except where such Damages are due to gross negligence, intentional default or fraud of a Party or its employees, officers, contractors and/or agents used by such Party in performing its obligations under the Agreement.
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Remedies for Failure to Deliver or Accept the Contract Quantity), § 8a (Off-Spec Gas), § 10.3 (Termination for Material Reason) § 10.4 (Automatic Termination), § 13 (Invoicing and Payment) and § 14 (VAT and Taxes)) exclude liability for loss of profit, goodwill, business opportunity or anticipated saving and for indirect or consequential Damages (and the above categories of loss shall be considered independently and the eiusdem generis rule of construction under English law shall not apply); and При обчисленні Розрахункових Сум Сторона, яка Ініціює Припинення Дії Договору, має право, але не зобов'язана, розрахувати свої Доходи та Втрати станом на Дату Дострокового Припинення Дії Договору, на свій розсуд, без укладання будь-яких угод, що замінюють існуючі.
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Remedies for Failure to Deliver. Premises on the Substantial Performance ----------------------------------------------------------------------- Date ---- Entrust shall have no right to terminate the Lease Agreement or to xxxxx rent due under the Lease Agreement for any failure by the Developer to meet the Substantial Performance Date, as extended for Force Majeure Delay or Entrust Delay. The effect of Force Majeure Delay, Entrust Delay and the failure of the Developer to meet the Substantial Performance Date (as extended for Force Majeure Delay or Entrust Delay) on the determination of the Commencement Date is governed by the Lease Agreement. The Developer agrees that it shall assign a project manager satisfactory to Entrust, acting reasonably, for the construction of the Base Building Core & Shell as well as the Tenant Fit-Up and that such project manager shall be dedicated on a full-time basis to such construction. Entrust hereby confirms that Xxxxxxx Xxxxxx is a project manager satisfactory to Entrust.
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Remedies for Failure to Deliver 
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Related to Remedies for Failure to Deliver

  • Failure to Deliver Applicable

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies.

  • No Waiver; Remedies, Etc No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

  • REMEDIES, ETC CUMULATIVE. Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Administrative Agent or the Pledgee, in each case acting upon the instructions of the Required Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least the majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent or the Pledgee or the holders of at least a majority of the outstanding Other Obligations, as the case may be, for the benefit of the Secured Creditors upon the terms of this Agreement.

  • Remedies for Breach It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law:

  • Remedies for Events of Default If an Event of Default, as defined in the Indenture, occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Notes then outstanding may declare all the Notes to be immediately due and payable. If a bankruptcy or insolvency default with respect to the Company or any of its Significant Subsidiaries occurs and is continuing, the Notes automatically become immediately due and payable. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of at least a majority in principal amount of the Notes then outstanding may direct the Trustee in its exercise of any trust or power.

  • No Waiver; Cumulative Remedies; Amendments Neither Agent nor any Lender shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder, and no waiver shall be valid unless in writing, signed by Agent and then only to the extent therein set forth. A waiver by Agent, for itself and the ratable benefit of Lenders, of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Agent would otherwise have had on any future occasion. No failure to exercise nor any delay in exercising on the part of Agent or any Lender, any right, power or privilege hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights and remedies provided by law. None of the terms or provisions of this Guaranty may be waived, altered, modified, supplemented or amended except by an instrument in writing, duly executed by Agent and Guarantors.

  • Waivers, Non-Exclusive Remedies No failure on the part of Agent or any Lender to exercise, and no delay in exercising and no course of dealing with respect to, any right under this Agreement or the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise by Agent or any Lender of any right under this Agreement or any other Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights in this Agreement and the other Loan Documents are cumulative and shall in no way limit any other remedies provided by law.

  • No Waivers; Non-Exclusive Remedies No failure by any Agent or any Lender to exercise, no course of dealing with respect to, and no delay in exercising any right, power or privilege hereunder or under any Note or other Loan Document shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided herein and in the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

  • Other Remedies; Specific Performance Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

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