Rights of Non-Defaulting Party. Except as set forth herein, a party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation damages, specific performance, or writs to compel performance or require action consistent with this Agreement.
Rights of Non-Defaulting Party. (a) When an Event of Default exists, the Non-Defaulting Party shall have the right to: (i) cause termination, liquidation, or acceleration of this Agreement, in whole or with respect to MMC, effective five (5) Business Days after receipt by the Defaulting Party of a Termination (Default) Notice by the Non-Defaulting Party (the “Default Termination Date”); (ii) suspend performance under this Agreement; (iii) withhold any payments due to the Defaulting Party under this Agreement; (iv) net, setoff, or recoup termination values, payment amounts or other transfer obligations arising under or in connection with this Agreement, including with respect to any Transaction; and/or (v) pursue any other remedy at law, in equity, or as provided under this Agreement. The Termination (Default) Notice shall specify in reasonable detail the circumstances giving rise to the Termination (Default) Notice.
Rights of Non-Defaulting Party. Notwithstanding any other provision of this Agreement, in the event of a Default, the Non-Defaulting Party may do any of the following:
Rights of Non-Defaulting Party. 12.2.1 If an Event of Default as set forth in this Article 12 with respect to a Defaulting Party shall have occurred and be continuing, the other Party (the “Non- Defaulting Party”) shall have the right to notify the Defaulting Party and
Rights of Non-Defaulting Party. Upon the occurrence of any event of default pursuant to section 20.01 and the applicable grace periods having expired, either Owner or Operator may, without prejudice to any other recourse at law or in equity which it may have, give to the other party notice of its intention to terminate this Agreement after the expiration of a period of 30 days from the date of such notice and, upon the expiration of such period, the term of this Agreement shall expire unless such default has been cured within such 30 day period.
Rights of Non-Defaulting Party. When an Event of Default exists, the Party not in default (the "Non-Defaulting Party") shall have the right:
Rights of Non-Defaulting Party. If this JVA is terminated pursuant to Article 23.1, then notwithstanding any other provision of this JVA, the Party who has not caused or suffered the Event of Default (the “Non-Defaulting Party”) shall be entitled, at its option (exercisable in writing), to elect to: (i) purchase the Shares of the Party who caused the Event of Default (the “Defaulting Party”); (ii) sell its Shares to the Defaulting Party; or (iii) dissolve and liquidate the JVC.
Rights of Non-Defaulting Party. Upon an Event of Default as defined in Section 10.1, the Non-Defaulting Party may suspend performance or terminate this Agreement, and pursue collection of damages and any other remedy at law or equity, or otherwise provided under this Agreement.
Rights of Non-Defaulting Party. 14.3.1 On occurrence of an Event of Default, the Non-Defaulter shall have the right (subject to Section 18.3.4) to: (i) exclude the Defaulter from further participation in the Joint Venture and in the management and control thereof and may take over its interest under this Agreement without releasing the Defaulter from its obligation to bear its share of Net Losses, or (ii) terminate the Joint Venture and do all thing necessary to wind up the affairs of the Joint Venture, including the completion of the Project. The Non-Defaulter shall have the opportunity to assume the responsibilities of the Defaulter under this Agreement without incurring liability of any kind to the Defaulter for the Net Profit earned after the Event of Default. No share in any Distributable Cash shall be payable to the Defaulter before completion of the Project and the collection of all receipts and the payment of all Obligations.
Rights of Non-Defaulting Party. When a Default exists, the party not ------------------------------ in Default ("Non-Defaulting Party") shall have the right to (i) terminate this Agreement in accordance with Paragraph 24.c below, (ii) pursue any other remedy provided under this Agreement or available at law or in equity, and (iii) suspend performance of its obligations hereunder. Said remedies, are intended to be cumulative and the non- defaulting Party shall be entitled to pursue simultaneously any one or more of said remedies.
