Developer’s Remedies. In the event that City is in default under this Agreement and fails to cure any such default within the time period required therefore as set forth above, then, in that event, in addition to all other legal and equitable remedies which Developer may have, Developer may terminate this Agreement by written notice delivered to City.
Developer’s Remedies. If City is in Default under this Agreement (beyond any applicable cure period) and the parties are unable to resolve City’s Default, Developer shall have the right to terminate this Agreement upon written notice to City. Developer shall also have the right to pursue all other legal and equitable remedies which Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages, and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages.
Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve the City's default pursuant to the nonbinding mediation described in Section 4.2 Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to self-help.
Developer’s Remedies. (a) Upon the occurrence of any Event of Default by the City, the Developer may pursue any legal remedy or remedies specifically including damages as set forth below (specifically excluding specific performance and other equitable remedies), and termination of this Agreement; provided, however, that the Developer shall have no right to terminate this Agreement unless the Developer delivers to the City a second notice which expressly provides that the Developer will terminate within thirty (30) days if the default is not addressed as herein provided.
Developer’s Remedies. If City is in default under this Agreement and the parties do not resolve the City's default pursuant to the nonbinding mediation described in Section 4.2 Developer shall have the right to terminate this Agreement upon written notice to the City. The Developer shall have the right to pursue all other legal and equitable remedies which the Developer may have at law or in equity, including, without limitation, the right to seek specific performance, the right to seek and obtain damages and the right to self-help; provided that City shall in no event be liable for punitive, incidental or consequential damages or any monetary damages other than actual out-of-pocket costs.
Developer’s Remedies. If the City is in default under this Agreement and the parties do not resolve the City's default pursuant to the nonbinding mediation described in this Agreement, American Outdoor shall have the right to terminate this Agreement upon written notice to the City. Within 60 days after any such termination, American Outdoor shall remove the sign.
Developer’s Remedies. Due to the size, nature and scope of the Property and its development, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After the implementation, Developer may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Developer has invested significant time and resources and performed extensive planning and processing of the Development of the Property in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Development in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money that would adequately compensate Developer for its efforts. For the above reasons, City and Developer agree that damages would not be an adequate remedy if City fails to carry out its obligations under this Agreement and that Developer shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. Moreover, City would not have consented to this Agreement if it were to be subject to damages for breach of this Agreement. Therefore, Developer specifically agrees that it has no authority under this Agreement or otherwise to seek monetary damages against City for any breach of this Agreement by City, and agrees not to seek monetary damages against City for breach of this Agreement.
Developer’s Remedies. If all conditions to Mall II Buyer's obligations to close under this Agreement are satisfied and Mall II Buyer shall fail to close title hereunder and deliver the Closing Payment and the Closing Instruments on the Closing Date, Developer may exercise any of the following remedies:
Developer’s Remedies. Following a City Event of Default, Developer will have the option, as its sole and exclusive remedy at law or in equity, to: (a) Terminate this Agreement by delivery of notice to City, and Developer and City will each be released from all liability under this Agreement (except for those obligations that survive Termination); or (b) file in any court of competent jurisdiction an action for specific performance to require City to perform under this Agreement (but Developer will not be entitled to recover from City Monetary Damages, or reimbursement of any fees paid by Developer, in connection with the City Event of Default). Developer waives any and all rights it may now or later have to pursue any other remedy or recover any other damages on account of any City breach or default, including loss of bargain, special, punitive, compensatory or consequential damages.
Developer’s Remedies. Upon the occurrence of any Event of Default by the City, the Developer may pursue any legal remedy or remedies specifically including damages as set forth below (specifically excluding specific performance and other equitable remedies), and termination of this Agreement; provided, however, that the Developer shall have no right to terminate this Agreement unless the Developer delivers to the City a second notice which expressly provides that the Developer will terminate within thirty (30) days if the default is not addressed as herein provided. No remedy herein conferred or reserved is intended to be inclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing. The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy.
