Vendor Remedies Sample Clauses

Vendor Remedies. Vendor specifically waives any and all claims, suits, actions, damages, liabilities or other remedies arising from or out of, or in any way related to or connected with the Vendor’s participation in the Market or the use by the Vendor or its agents, employees, or contractors, guests, or invitees of the Market. PDP provides no guarantee of results of event to Vendor.
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Vendor Remedies. Incumbent hereby acknowledges that pursuant to the Encumbrances granted by Pathnet to certain equipment vendors, service providers or other lenders in accordance with Section 8.3.2, such vendors, service providers or other lenders shall have the right to assume and perform Pathnet's rights and obligations under this Agreement and other documents, instruments and agreements executed in connection herewith.
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Vendor Remedies. If any of the Owner Events of Default exists and is continuing, the Vendor may, without prejudice to any rights or remedies of the Vendor in this Agreement or at law or in equity (except as such legal or equitable remedies may be limited by this Agreement), terminate this Agreement (i) immediately upon the occurrence of any Owner Event of Default specified in clauses (a), (b), (c), (d) and (h) and (ii) after thirty (30) days prior written notice upon the occurrence of any other Owner Event of Default. All amounts owed by the Owner to the Vendor prior to any such termination shall be payable immediately upon termination. Notwithstanding anything set forth in this Agreement, immediately upon the occurrence of any Owner Event of Default the Vendor shall have the right, without any penalty or payment obligations, to suspend Vendor's performance with respect to manufacturing Products, to stop shipment of all Products subject to Delivery Orders, and to recall, if possible, all Products subject to unfulfilled or undelivered Delivery Orders.
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Vendor Remedies. Incumbent hereby acknowledges that pursuant to the Encumbrances granted by PathNet to certain equipment vendors or service providers in accordance with SECTION 8.3.2, such vendors or providers shall have the right to assume and perform PathNet's rights and obligations under this Agreement and the other documents, instruments and agreements executed in connection hereto; provided that in no event shall PathNet be relieved of its obligations under this Agreement
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Vendor Remedies. In case any of the foregoing conditions hereinbefore declared to be for the benefit of the Vendors and Principals and Callon shall not be xxxxxxied at the Time of Closing, the Vendors and Principals and Callon may: (x) refuse to complete the transaction contemplated herein by notice to the Purchaser advising of such determination, with the Vendors entitled to receive the sum of $100,000 of the Deposit, together will all accrued interest on such funds, together with the issuance of such number of common shares of the Purchaser equal to $50,000 divided by the Weighted Average Price (to be free trading in the manner contemplated at paragraph 2.7 herein) as liquidated damages for the Vendors failure to satisfy such conditions, which amounts shall be released by the Agent in accordance with the its obligations as a stakeholder under the provisions of s. 59 of the Real Estate Act (British Columbia). In such event the Vendors, Principals and Callon shall be released from xxx xbligations hereunder. The balance of the Deposit, being THREE HUNDRED THOUSAND Canadian Dollars (CDN $300,000), shall be released to the Purchaser upon confirmation by the Vendors of receipt of the shares of the Purchaser contemplated in this paragraph 7.15(a); or (b) complete the transaction contemplated herein, it being expressly understood and agreed that following such completion, the Vendors and Principals and Callon may rely, notwithstanding such completion, upon the representations, warranties, covenants and conditions contained in this Agreement. Provided that any of the said conditions may be waived in whole or in part by the Vendors and Principals and Callon without prejudice to their rights of rescission in the event of the non-fulfilment and/or non-performance of any other condition or conditions, any such waiver prior to the Time of Closing to be binding on the Vendors and Principals and Callon only if the same is in xxxxxng.
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Vendor Remedies. 23 8.4 Taxes.................................................................23 8.5 Security Interest in Initial System...................................24 8.6 Escrow of Manufacturer's Warranties...................................24 8.6.1 Escrow of Assignment Documents by Pathnet......................24 8.6.2 Removal of Assignment Documents by Incumbent...................24 8.7 FCC Licenses..........................................................25 SECTION 9. EXCESS CAPACITY MARKETING AND SALES.............................25 9.1 Exclusive Representative..............................................25
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Vendor Remedies. If District defaults hereunder, Vendor may file a claim with District, in accordance with applicable provisions of law.
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Related to Vendor Remedies

  • CUSTOMER REMEDIES 6.1 If the Supplier fails to deliver the Goods and/or perform the Services by the applicable date, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights:

  • Waiver; Remedies No failure on the part of Purchaser to exercise, and no delay in exercising, any right under this Guaranty shall operate as a waiver, nor shall any single or partial exercise of any right under this Guaranty preclude any other or further exercise of any other right. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or equity. In the event that Merchant fails to perform any obligation under the Agreement, Purchaser may enforce its rights under this Guaranty without first seeking to obtain performance for such default from Merchant or any other guarantor.

  • UCC Remedies (a) Upon the occurrence of and during the continuance of an Event of Default under this Agreement or the other Financing Documents, Agent, in addition to all other rights, options, and remedies granted to Agent under this Agreement or at law or in equity, may exercise, either directly or through one or more assignees or designees, all rights and remedies granted to it under all Financing Documents and under the UCC in effect in the applicable jurisdiction(s) and under any other applicable law; including, without limitation:

  • Other Remedies Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

  • Breach; Remedies Notwithstanding anything to the contrary in this Agreement, the Participant agrees and acknowledges that the breach of this Section would cause substantial loss to the goodwill of the Company and/or its Affiliates, and cause irreparable harm for which there is no adequate remedy at law. Further, because the Participant’s employment with the Employer is personal and unique, because damages alone would not be an adequate remedy and because of the Participant’s access to the Confidential Information, the Company and/or its Affiliates shall have the right to enforce this Section, including any of its provisions, by injunction, specific performance, or other equitable relief, without having to post bond or prove actual damages, and without prejudice to any other rights and remedies that the Company and/or its Affiliates may have for a breach of this Section, including, without limitation, money damages. The Participant agrees and acknowledges that notwithstanding the arbitration provisions in this Agreement, the Company may elect to file and pursue claims which arise from or relate to the Participant’s actual or threatened breaches of this Section in state or federal court of competent jurisdiction. The Participant shall be liable to pay all costs, including reasonable attorneys’ and experts’ fees and expenses, that the Company and/or its Affiliates may incur in enforcing or defending this Section, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Company and/or its Affiliates where the Company and/or its Affiliates succeed in enforcing any provision of this Section.

  • Specific Remedies Upon the occurrence of any Event of Default:

  • Warranty Remedies Contractor acknowledges that all warranties granted to the Department by the Uniform Commercial Code of the State of Utah apply to the Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to the Contract. For any goods or service that the Department determines does not conform with this warranty, the Department may arrange to have the item repaired or replaced, or the service performed either by Contractor or by a third party at the Department's option, at Contractor's expense. If any item or services does not conform to this warranty, Contractor shall refund the full amount of any payments made. Nothing in this warranty will be construed to limit any rights or remedies the Department may otherwise have under the contract.

  • 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.

  • City’s Remedies In the event that Developer is in default under this Agreement, and Developer thereafter fails to cure any such default within the time period described above, then, in that event, in addition to all other legal and equitable remedies which City may have, City may terminate this Agreement by written notice delivered to Developer.

  • Acceleration; Remedies Upon the occurrence and during the continuance of an Event of Default, then, and in any such event, (a) if such event is a Bankruptcy Event, automatically the Commitments shall immediately terminate and the Loans (with accrued interest thereon), and all other amounts under the Credit Documents (including, without limitation, the maximum amount of all contingent liabilities under Letters of Credit) shall immediately become due and payable, and (b) if such event is any other Event of Default, any or all of the following actions may be taken: (i) with the written consent of the Required Lenders, the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, declare the Commitments to be terminated forthwith, whereupon the Commitments shall immediately terminate; (ii) the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, declare the Loans (with accrued interest thereon) and all other amounts owing under this Agreement and the Notes to be due and payable forthwith and direct the Borrower to pay to the Administrative Agent cash collateral as security for the LOC Obligations for subsequent drawings under then outstanding Letters of Credit an amount equal to the maximum amount of which may be drawn under Letters of Credit then outstanding, whereupon the same shall immediately become due and payable; and/or (iii) with the written consent of the Required Lenders, the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, exercise such other rights and remedies as provided under the Credit Documents and under applicable law.

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