IN THE EVENT. THAT THE SALE OF THE PROPERTY AS ------------------ CONTEMPLATED HEREUNDER IS NOT CONSUMMATED BECAUSE OF A DEFAULT UNDER THIS AGREEMENT BY BUYER, THROUGH NO FAULT OF SELLER, THE XXXXXXX MONEY SHALL BE IMMEDIATELY PAID BY TITLE COMPANY, ON BEHALF OF BUYER, TO SELLER AS LIQUIDATED DAMAGES PURSUANT TO THE XXXXXXX MONEY LETTER. THE PARTIES ACKNOWLEDGE THAT SELLER'S ACTUAL DAMAGES IN THE EVENT OF A DEFAULT BY BUYER WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY PLACING THEIR SIGNATURES BELOW, THE PARTIES ACKNOWLEDGE THAT THE XXXXXXX MONEY HAS BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES REASONABLE ESTIMATE OF SELLER'S DAMAGES FOR BUYER'S FAILURE TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT AND THE ADDITIONAL PROPERTY AGREEMENTS AND AS SELLER'S EXCLUSIVE REMEDY AGAINST BUYER IN THE EVENT OF A DEFAULT BY BUYER; PROVIDED, HOWEVER, NOTHING CONTAINED HEREIN SHALL PRECLUDE (A) SELLER FROM PURSUING ANY REMEDIES SET FORTH IN SECTIONS 8.2, 8.5, 8.6, 11.2 AND 11.5 WHICH SURVIVE THE TERMINATION OF THIS AGREEMENT OR (B) THE RECOVERY OF ITS ATTORNEYS' FEES AND COSTS IN THE PROSECUTION OR DEFENSE OF ANY ACTION BROUGHT UNDER THIS AGREEMENT, IF SELLER IS ENTITLED TO RECEIVE SAME. THE LIQUIDATED DAMAGES SET FORTH HEREIN ABOVE ARE DUPLICATIVE OF AND NOT IN ADDITION TO THE LIQUIDATED DAMAGES SET FORTH IN THE XXXXXXX MONEY LETTER.
IN THE EVENT. YOU RENTED A TEMPERATURE CONTROLLED UNIT: Owner provides heating and/or air conditioning to the building containing the Rented Space. It is agreed that Owner shall use all reasonable efforts to maintain a temperature in the building containing the Rented Space by heating in the winter to no less than Fifty degrees (50°) Fahrenheit and cooling in the summer to no higher than Eighty-five degrees (85°) Fahrenheit. Occupant recognizes that under certain circumstances including, but not exclusively, mechanical failure of the cooling or heating systems, material shortages, electrical or other utility blackouts, brownouts, or other failures, acts of God, labor or strikes, malicious mischief, or fire, that the temperature may deviate from the desired minimum/maximum and Occupant understands that the heating and air conditioning systems and their power systems are not redundant. Further, the temperature in the unit containing the Occupant’s items may vary from the general temperature of the Premises. Occupant agrees to release Owner from any and all liability arising from any such failure of the heating and air conditioning systems which occur as a result of a failure outside of Owner’s direct control. Occupant understands Owner does not warrant humidity levels and therefore there is a risk of the growth of mold and/or mildew on the stored Personal Property. Occupant understands that even in a temperature controlled Premises there is a risk of the growth of mold and/or mildew on Occupant’s Personal Property. Owner does not warrant the Premises to be water-tight or dry. Mold is a naturally-occurring substance and it is possible to have mold appear or grow on Occupant’s Personal Property. To help avoid mold, Owner recommends storing Personal Property off the concrete floor, such as on pallets or shelves (do not attach to the Premises), the use of sealed bins, and keeping goods susceptible to mold from touching the walls of the Premises. Occupant agrees that the Premises is not appropriate for the storage of high-value or irreplaceable goods which may be damaged during a period of time when the temperature may deviate from the desired temperature. Occupant understands that any Personal Property brought into the Premises that is damp or wet will likely grow mold or mildew because of its wet or damp condition when brought into the Premises, and as such Occupant agrees NOT to store wet items. Owner recommends Occupant periodically inspect the Premises and the Personal Pr...
IN THE EVENT. OF ANY DISPUTE or litigation between the Payee and the Maker or Guarantor or any other person or party with respect to this Note, the Merger Agreement or the Security Documents or with respect to any other matter, thing, event or occurrence, whether past, present or arising in the future, the Maker waives all rights of set off, offset and the right to interpose $595,000.00 HOUSTON, TEXAS JANUARY 26, 1996 any legal claims or counterclaims, the effect of which would be to delay, reduce, deny, limit or offset its obligations under this Note. IN THE EVENT OF ANY CONFLICT between the terms and provisions of this Note, the Security Documents or the Merger Agreement or any other agreement relating hereto or thereto, the terms and provisions of this Note shall control. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY HEREIN, Maker and any endorsers or guarantors of this Note severally waive notice, grace, presentment and demand for payment, notice of dishonor, notice of intent to accelerate maturity, notice of acceleration of maturity, protest and notice of protest and non-payment, bringing of suit, and diligence in taking any action to collect any sums owing under this Note, and indulgences of every kind. Maker and any endorsers or guarantors of this Note Agree that, from time to time, both before and after the maturity date of this Note and without notice, Payee may renew the indebtedness evidenced by this Note, extend the time for any payments on the Note, consent to the substitution of security, accept additional security, or release any existing security for this Note and accept partial payments of this Note without in any manner effecting the liability of Maker or any endorser or guarantor under or with respect to this Note, even though Maker or such endorser or guarantor is not a party to any agreement regarding such actions. NEITHER THE Payee's acceptance of partial or delinquent performance or payments nor any forebearance, failure or delay by Payee or any holder hereof in exercising any right, power or remedy shall be deemed a waiver of any obligation of the Maker or any endorser, guarantor or other party liable for payment of this Note or of any right, power or remedy of the Payee or any holder hereof or preclude any other or further exercise thereof, and no single or partial exercise of any right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. THE PROVISIONS OF THIS NOTE may not be...
IN THE EVENT. THERE SHALL OCCUR AND BE CONTINUING AN EVENT OF DEFAULT, THE MORTGAGEE MAY TAKE ANY OR ALL OF THE FOLLOWING ACTIONS, AT THE SAME OR AT DIFFERENT TIMES:
IN THE EVENT. OF THE DEATH OF A SON-IN-LAW, DAUGHTER-IN-LAW, SISTER-IN-LAW, OR BROTHER-IN-LAW, THE EMPLOYEE WILL BE GRANTED A LEAVE OF ABSENCE FOR TWO (2) CONSECUTIVE DAYS, INCLUDING THE DAY OF THE FUNERAL AND WILL BE PAID AT HIS/HER REGULAR STRAIGHT TIME HOURLY RATE FOR THE NUMBER OF HOURS HE/SHE WOULD OTHERWISE HAVE WORKED ON THAT DAY.
IN THE EVENT. THAT THE ABOVE ARBITRATION PROVISION IS OR BECOMES INAPPLICABLE FOR ANY REASON, NAVIGANT AND MEMBER EACH AGREE THAT NEITHER NAVIGANT NOR MEMBER SHALL (I) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY ACCOUNT OR THE DEALINGS OF OR THE RELATIONSHIP BETWEEN NAVIGANT AND MEMBER, OR (II) SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANOTHER IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER NAVIGANT NOR MEMBER HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. NAVIGANT AND MEMBER EACH ACKNOWLEDGE THAT THIS WAIVER HAS BEEN KNOWINGLY AND VOLUNTARILY MADE.
IN THE EVENT. (a) the Company shall take a record of the holders of its Common Stock (or other stock or securities at the time deliverable upon the exercise of this Warrant) for the purpose of entitling or enabling them to receive any dividend or other distribution, or to receive any right to subscribe for or purchase any shares of stock of any class or any other securities, or to receive any other right; or
IN THE EVENT. OF A DISPUTE BETWEEN THEM WHICH IS NOT SUBJECT TO, NOR ARISES UNDER, SECTION 12, FRIDAY'S, DEVELOPER AND PRINCIPALS HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO OR CLAIM FOR ANY PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUT SPECIFICALLY EXCLUDING, HOWEVER, DAMAGES TO THE REPUTATION AND GOODWILL ASSOCIATED WITH AND/OR SYMBOLIZED BY THE PROPRIETARY MARKS) AGAINST THE OTHER ARISING OUT OF ANY CAUSE WHATSOEVER (WHETHER SUCH CAUSE BE BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE) AND AGREE THAT EACH SHALL BE LIMITED TO THE RECOVERY OF ANY ACTUAL DAMAGES SUSTAINED BY IT. IF ANY OTHER TERM OF THIS AGREEMENT IS FOUND OR DETERMINED TO BE UNCONSCIONABLE OR UNENFORCEABLE FOR ANY REASON, THE FOREGOING PROVISION SHALL CONTINUE IN FULL FORCE AND EFFECT.
IN THE EVENT. LESSEE BECOMES INSOLVENT, OR IS NAMED AS THE DEBTOR IN A VOLUNTARY OR INVOLUNTARY BANKRUPTCY PROCEEDING, THIS SECTION IS VOID AND PAYMENT WILL RESUME ON THE FIRST DAY OF THE FOLLOWING MONTH;
IN THE EVENT. OF A DISPUTE IN RELATION TO THIS CONTRACT TO ITS INTERPRETATION AND EXECUTION, EXPLICIT AND EXCLUSIVE JURISDICTION IS ASSIGNED TO THE COURTS OF LILLE, IN FRANCE NOTWITHSTANDING MULTIPLE DEFENDANTS, GUARANTEE CLAIMS, SUMMARY PROCEEDINGS AND EXPERTISE.
