Common use of City’s Remedies Clause in Contracts

City’s Remedies. City shall have the following remedies upon Licensee's default, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. City may cure the default at Licensee's expense, by taking any action reasonably determined by Licensor to be necessary to correct such default, including without limitation making any repair or modification to or removing any of the Encroachments. Licensee shall reimburse Licensor for all costs it incurs to correct such default within thirty (30) calendar days after Licensor presents Licensee with a statement of such costs. Licensee hereby releases and agrees to indemnify, defend and hold harmless Licensor from all damages resulting to Licensee from the correction of such default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the Encroachments. ii. City may continue this License in full force and effect, in which case the License Fees shall be increased by 10% per month for each month during which the Default continues to exist. iii. City shall be entitled to recover from Licensee all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation. iv. City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy. v. Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Rate.

City’s Remedies. City shall have the following remedies upon Licensee's default, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. City may cure the default at Licensee's expense, by taking any action reasonably determined by Licensor to be necessary to correct such default, including without limitation making any repair or modification to or removing any of the Encroachments. Licensee shall reimburse Licensor for all costs it incurs to correct such default within thirty (30) calendar days after Licensor presents Licensee with a statement of such costs. Licensee hereby releases and agrees to indemnify, defend and hold harmless Licensor from all damages resulting to Licensee from the correction of such default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the Encroachments. ii. City may continue this License in full force and effect, in which case the License Fees shall be increased by 10% per month for each month during which the Default continues to exist. iii. City shall be entitled to recover from Licensee all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation. iv. City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy. v. iv. Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Rate.

City’s Remedies. City shall have the following remedies upon Licensee's defaultDefault, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. a. City may cure the default Default at Licensee's expense, by taking any action reasonably determined by Licensor to be necessary to correct such defaultDefault, including without limitation making any repair or modification to or removing any of the EncroachmentsLicensed Improvements. Licensee shall reimburse Licensor for all costs it incurs to correct such default Default within thirty (30) calendar days after Licensor presents Licensee with a statement of such costs. Licensee hereby releases and agrees to indemnify, defend and hold harmless Licensor from all damages resulting to Licensee from the correction of such default Default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the EncroachmentsLicensed Improvements. ii. b. City may continue this License Agreement in full force and effect, in which case City may impose a License fee equal to double the License Fees shall be increased by 10% fees established in the Tempe City Code for similar encroachments per month for each month during which the Default continues to exist. iii. c. City shall be entitled to recover from Licensee all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation. iv. d. City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy. v. e. Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Rate.

City’s Remedies. City shall have the following remedies upon Licensee's defaultDefault, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. a. City may cure the default Default at Licensee's expense, by taking any action reasonably determined by Licensor to be necessary to correct such defaultDefault, including without limitation making any repair or modification to or removing any of the Encroachments. Licensee shall reimburse Licensor for all costs it incurs to correct such default Default within thirty (30) calendar days after Licensor presents Licensee with a statement of such costs. Licensee hereby releases and agrees to indemnify, defend and hold harmless Licensor from all damages resulting to Licensee from the correction of such default Default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the Encroachments. ii. b. City may continue this License in full force and effect, in which case the License Fees shall be increased by 10% per month for each month during which the Default continues to exist. iii. c. City shall be entitled to recover from Licensee all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation. iv. d. City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy. v. e. Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Rate.

City’s Remedies. City shall have the following remedies upon Licensee's default, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. (i) City may cure the default at Licensee's expense, by taking any action reasonably determined by Licensor to be necessary to correct such default, including without limitation making any repair or modification to or removing any of the Encroachmentsnecessitated by Licensee’s breach. Licensee shall reimburse Licensor for all costs it incurs to correct such default within thirty (30) calendar days after Licensor presents Licensee with a statement of such costs. Licensee hereby releases and agrees to indemnify, defend and hold harmless Licensor from all damages resulting to Licensee from the correction of such default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the Encroachments20. (ii. City may continue this License in full force and effect, in which case the License Fees shall be increased by 10% per month for each month during which the Default continues to exist. iii. ) City shall be entitled to recover from Licensee all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation. iv. (iii) City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy. v. (iv) Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Raterate of 10% per annum, compounded daily.

City’s Remedies. If Mill Market is in default under this Agreement and the parties do not resolve the default pursuant to the nonbinding mediation described below, then the City shall have the right to terminate this Agreement immediately upon written notice to Mill Market and to pursue any other rights or remedies provided hereunder, at law or in equity. City shall have the following remedies upon Licensee's defaultremedies, which remedies shall not be exclusive, and are cumulative in addition to any remedies now or later allowed by law: i. a. City may cure the default at Licensee's Mill Market’s expense, by taking any action reasonably determined by Licensor City to be necessary to correct such default, including without limitation making any repair or modification to or removing trash or debris remaining after any of the EncroachmentsFarmers Market. Licensee Mill Market shall reimburse Licensor City for all costs it incurs to correct such default within thirty (30) calendar days after Licensor City presents Licensee Mill Market with a statement of such costs. Licensee Mill Market hereby releases and agrees to indemnify, defend and hold harmless Licensor City from all damages resulting to Licensee Mill Market from the correction of such default in accordance with this Section 21, including, without limitation, those damages arising from all repairs or modifications to or removal of any of the Encroachments3.2(a). ii. City may continue this License in full force and effect, in which case the License Fees shall be increased by 10% per month for each month during which the Default continues to exist. iii. b. City shall be entitled to recover from Licensee Mill Market all expenses, costs, fees and damages arising out of any Default, including, but not limited to, cleanup, repair, alterations, legal expenses (whether or not suit is brought), and costs and expenses of litigation. iv. c. City may also exercise any other rights City may have at law or in equity. City may exercise any remedy without court action, or by one or more court actions, and in exercising any remedy may obtain partial relief without waiving its right to further relief. The exercise of any remedy by City shall not waive City's right to exercise any other remedy. v. e. Except as otherwise provided herein, City shall also be entitled to collect interest on any unpaid sums due from the date due or the date advanced until paid at the Default Raterate of 10% per annum.