Application of Remedies. The provisions of this Article 12 will govern the Parties’ remedies for breach of this Agreement.
Application of Remedies. (1) The rights and remedies given to Lessor in this Lease are distinct, separate and cumulative, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others herein, by law or by equity provided.
Application of Remedies. This Article 11 shall govern the Parties' rights to terminate this Agreement and the Parties' remedies for breach or failure under this Agreement.
Application of Remedies. This Article 10 shall govern the Parties' remedies for breach or failure under this Agreement.
Application of Remedies. The provisions of this Article 19 shall govern the parties' remedies for breach of this Ground Lease.
Application of Remedies. The rights and remedies given in this Lease are distinct, separate and cumulative, and no one of them, whether or not exercised, shall be deemed to be in exclusion of any of the other herein, by law or equity provided.
Application of Remedies. Before Closing, the provisions of this Article 6 shall govern the parties' remedies for breach or failure of the Agreement.
Application of Remedies. The General Partner may, in its sole discretion, waive or apply, in whole or in part, any provision of this Section 3.5. In addition, each Limited Partner acknowledges that the General Partner may, in its sole discretion, apply different default remedies to each defaulting Limited Partner, in light of the specific circumstances applicable to each such defaulting Limited Partner (including taking into account any legal or regulatory restrictions applicable to such Limited Partner with respect to the application of the default remedies in respect of its Interest). The remedies available to the General Partner herein may be applied to each separate event of default hereunder by a Limited Partner. The General Partner shall notify the Advisory Committee in writing of any waiver or application of any provision of this Section 3.5 with respect to Defaulting Limited Partners that are KKR Affiliates.
Application of Remedies. This Article 9 shall govern the Parties’ remedies for breach or failure under this Agreement prior to the Lease Execution Date; thereafter the terms and provisions of the Lease shall apply.
Application of Remedies. Absent a decision to the contrary by the Board of Directors (which the Board of Directors may make in its sole and absolute discretion), if a Person would have (but for the remedies set forth in Section 2(2)) acquired Beneficial Ownership or Constructive Ownership of Capital Stock in violation of Section 2(1), such remedies (as applicable) shall apply first to the shares of Capital Stock that, but for such remedies, would have been actually owned by such Person, and second to shares of Capital Stock that, but for such remedies, would have been Beneficially Owned or Constructively Owned (but not actually owned) by such Person, pro rata among the Persons who actually own such shares of Capital Stock based upon the relative number of the shares of Capital Stock held by each such Person. In addition, any approvals, determinations or other actions which may be taken by the Board of Directors pursuant to this Article IV may, to the extent permissible under the DGCL and applicable law, be delegated by the Board of Directors to any duly authorized committee of the Board of Directors or other designee of the Board of Directors.
