Default Remedies and Damages Sample Clauses

Default Remedies and Damages a. Until the PACE Tax Assessment Contract has been paid in full and terminated in accordance with its terms, in the event of a Payment Default or any Default Event with Seller being the Defaulting Party, Purchaser’s right to suspend performance of its obligations under [Sections 13(b)(i) or 13(b)(ii)] of the Agreement shall not include suspension of Purchaser’s payments under the PACE Tax Assessment Contract.
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Default Remedies and Damages. ARTICLE 14 .......UNAVOIDABLE DELAYS, FORCE MAJEURE ARTICLE 15 .......NOTICES ARTICLE 16 .......ACCESS ARTICLE 17 .......SIGNS ARTICLE 18 .......END OF TERM
Default Remedies and Damages. Until the PACE Tax Assessment Contract has been paid in full and terminated in accordance with its terms, in the event of a Payment Default or any Default Event with Seller being the Defaulting Party, Purchaser’s right to suspend performance of its obligations under [Sections 13(b)(i) or 13(b)(ii)] of the Agreement shall not include suspension of Purchaser’s payments under the PACE Tax Assessment Contract. Until the PACE Tax Assessment Contract has been paid in full and terminated in accordance with its terms, in the event Purchaser pays the Termination Payment to Seller as provided in Section 11(b)(iii)(1) of the Agreement, any payment made by Purchaser to Seller on account of such Termination Payment shall first be used by Seller to repay the Assessment with the PACE Taxing Authority until the Assessment has been paid in full, after which any remaining amount shall be retained by Seller. Until the PACE Tax Assessment Contract has been paid in full and terminated in accordance with its terms, in the event Seller becomes obligated to pay the Termination Payment as provided in Section 11(b)(iii)(2) of the Agreement, Seller shall first make any such payment on account of the Assessment until the Assessment has been paid in full, after which Seller shall pay any remaining balance directly to Purchaser.
Default Remedies and Damages. In the event of default at any time by Tenant in the payments of rent, or in the payment of any late charges designated, or in the performance of any other terms of the lease, or if the Tenant shall abandon or vacate the Premises without the consent of the Landlord, Tenant shall be deemed in default. Upon such default, Landlord shall have the right, as its option to enter upon the Premises, or any part thereof, either with or without process of law and to expel, remove or put out Tenant and/or other persons who may be thereon, together with all personal property found therein without terminating this lease which termination Landlord may elect to do at its sole and exclusive option. All the remedies herein provided shall be cumulative to all other rights or remedies herein given to Landlord or given to Landlord by law. A waiver by Landlord of any default by Tenant in the performance of any terms or conditions of this lease shall not be considered or treated as a waiver of any subsequent or other default.
Default Remedies and Damages. 20 Section 15.1
Default Remedies and Damages. Article 22 of the Master Lease is expressly incorporated by reference into this Sublease so that if there shall arise any event applicable to Subtenant which, if such event had be applicable to Sublessor would have been an event of default of the Master Lease as such term is defined therein, such event shall be deemed to be a breach of this Sublease Agreement (except 22.1(a) which is modified to allow Subtenant 10 days). In such event, Sublessor shall have the same remedies as to Subtenant as the Owner (Landlord) would have against Sublessor (Tenant) had it been the Sublessor who breached its agreement with Owner. 15TH: FAILURE TO SURRENDER AT TERMINATION OF SUBLEASE. Subtenant acknowledges that possession of the Sublet Premises must be surrendered to the Sublessor at the expiration or sooner termination of the term of this Sublease. The Subtenant agrees to indemnify and save the Sublessor harmless from and against all costs, claims, losses, liabilities, damages and expenses (including reasonable attorney's fees and disbursements) resulting from any delay by the Subtenant in so surrendering the Sublet Premises including, without limitation, any claims made by any succeeding Subtenant founded on such delay. The Subtenant and Sublessor recognize and agree that the damage to the Sublessor resulting from any failure by the Subtenant to timely surrender possession of the Sublet Premises as aforesaid will be extremely substantial, will exceed the amount of the monthly installments of the annual rental and all Additional Rent theretofore payable hereunder, and will be impossible of accurate measurement.
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Default Remedies and Damages 

Related to Default Remedies and Damages

  • Limitation of Remedies and Damages In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the Collateral.

  • Default Remedies Any one of the following occurrences shall constitute an ----------------- "EVENT OF DEFAULT" under this Note: (i) failure by the Maker to make any payment of principal or interest when the same becomes due and payable, said failure continuing for thirty (30) days or more; or (ii) if Maker shall fail to pay its debts, make an assignment for the benefit of its creditors, or shall commit an act of bankruptcy, or shall admit in writing its inability to pay its debts as they become due, or shall seek a composition, readjustment, arrangement, liquidation, dissolution or insolvency proceeding under any present or future statute or law, or shall file a petition under any chapter of federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing, or shall become "insolvent" as that term is generally defined under the Federal Bankruptcy Code, or shall in any involuntary bankruptcy case commenced against it file an answer admitting insolvency or inability to pay its debts as they become due, or shall fail to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or be the subject of an order for relief in such bankruptcy case, or to be adjudged a bankruptcy or insolvent, or shall have a custodian, trustee or receiver appointed for, or have any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution or liquidation, and such custodian, trustee, liquidator or receiver shall not be discharged, or such jurisdiction shall not be relinquished, vacated or stayed within sixty (60) days of the appointment. Upon occurrence of an Event of Default hereunder, the entire outstanding principal balance and any unpaid interest then accrued under this Note, shall at the option of the Payee hereof and without demand or notice of any kind to the undersigned or any other person (including, but not limited to, any guarantor now or hereafter existing), immediately become and be due and payable in full. In such event, Payee shall have and may exercise any and all rights and remedies available at law or in equity.

  • No Waiver; Cumulative Remedies; Enforcement No failure by any Lender, the L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided, and provided under each other Loan Document, are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law. Notwithstanding anything to the contrary contained herein or in any other Loan Document, the authority to enforce rights and remedies hereunder and under the other Loan Documents against the Loan Parties or any of them shall be vested exclusively in, and all actions and proceedings at law in connection with such enforcement shall be instituted and maintained exclusively by, the Administrative Agent in accordance with Section 8.02 for the benefit of all the Lenders and the L/C Issuer; provided, however, that the foregoing shall not prohibit (a) the Administrative Agent from exercising on its own behalf the rights and remedies that inure to its benefit (solely in its capacity as Administrative Agent) hereunder and under the other Loan Documents, (b) the L/C Issuer or the Swing Line Lender from exercising the rights and remedies that inure to its benefit (solely in its capacity as L/C Issuer or Swing Line Lender, as the case may be) hereunder and under the other Loan Documents, (c) any Lender from exercising setoff rights in accordance with Section 10.08 (subject to the terms of Section 2.13), or (d) any Lender from filing proofs of claim or appearing and filing pleadings on its own behalf during the pendency of a proceeding relative to any Loan Party under any Debtor Relief Law; and provided, further, that if at any time there is no Person acting as Administrative Agent hereunder and under the other Loan Documents, then (i) the Required Lenders shall have the rights otherwise ascribed to the Administrative Agent pursuant to Section 8.02 and (ii) in addition to the matters set forth in clauses (b), (c) and (d) of the preceding proviso and subject to Section 2.13, any Lender may, with the consent of the Required Lenders, enforce any rights and remedies available to it and as authorized by the Required Lenders.

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