Xxxxxx’x Remedies. If any one or more events of default set forth above occurs, LESSOR may, at its election:
Xxxxxx’x Remedies. In the event of Lessee’s defaults as defined in Paragraph 24 A hereof, in addition to all other rights and remedies which Lessor may have in equity or in law, Lessor shall have all of the following remedies’
Xxxxxx’x Remedies. In the event of any default set forth in Paragraph 11(a) hereof, Lessor, may, at its option, exercise any and all of the remedies listed below. No such remedy herein or otherwise conferred upon or reserved to Lessor shall be considered exclusive or any other remedy, but the same shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute, and every power and remedy given by the lease to Lessor may be exercised from time to time and as often as the occasion may rise or may be deemed expedient.
Xxxxxx’x Remedies. In the event of a breach of the foregoing limited warranty, you must return the Software to Tracker or the Tracker authorised distributor that provided you with the Software, Postage Prepaid, before the expiration of the warranty period, with a copy of the invoice for the Software. Tracker’s entire liability shall and your exclusive remedy shall be, at Tracker’s sole discretion, either to I) refund the license fee you paid and terminate this Agreement. Or II) Provide a replacement copy of the Software. Any replacement being warranted for thirty (30) days.
Xxxxxx’x Remedies. 1) In addition to all rights and remedies available to LESSOR at law or in equity, including but not limited to the remedies available to LESSOR pursuant to Sections 1951.2 and 1951.4 of the California Civil Code, LESSOR shall have the following remedies if LESSEE commits a default. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law;
Xxxxxx’x Remedies. If the Companies shall take any action with respect to Xx. Xxxxxx'x employment as set 47 forth in paragraph 3(d) and (e) thereby entitling him to terminate his employment as provided in paragraphs 3(d) and (e), or discharges him without cause then Xx. Xxxxxx shall be entitled to be paid a sum equal to three (3) years salary based on the salary level in effect on the date of termination or discharge. Payments shall be made bimonthly in 72 equal installments and shall commence on the effective date of discharge or termination. The parties agree that, payments provided hereunder shall be deemed to constitute payment for the non-compete provisions contained in paragraph 2(b) and not a penalty for breach by Companies and Companies agree that Xx. Xxxxxx shall not be required to mitigate his damages. This paragraph shall constitute Xx. Xxxxxx'x sole remedy for compensation upon the cessation of his employment and/or breach of this Agreement. In the event Xx. Xxxxxx materially violates the non-compete provisions of paragraph 2(b) after his employment has ceased then Companies shall have the right to cease all payments required under the provisions of paragraph 3(c) and (f). d.
Xxxxxx’x Remedies. If there occurs an event of default by Lessee ----------------- pursuant to this Paragraph 9, Lessor's remedies shall be either or both of the following:
Xxxxxx’x Remedies. If Husker Ag fails to make any payment for Grain delivered by Xxxxxx and accepted by Husker Ag under the terms of this Agreement, Xxxxxx may recover the payments from Husker Ag. Xxxxxx may withhold future scheduled deliveries only if Husker Ag fails to pay Xxxxxx the payments owed Xxxxxx as provided by this Agreement within two (2) business days after Husker Ag and Husker Ag’s lender’s receipt of Xxxxxx’x written demand for payment, and failure to cure within such time period. Xxxxxx shall also have the right to specifically enforce the terms of this Agreement, including, but not limited to, the obligation of Husker Ag to purchase all of the Grain needed to operate the Plant from Xxxxxx.
Xxxxxx’x Remedies. LESSOR may without further notice re-enter the Premises either by force or otherwise and dispossess LESSEE by summary proceedings or otherwise, as well as the legal representative(s) of LESSEE and/or other occupant(s) of the Premises, and remove their effects and hold the Premises as if this Lease had not been made, and LESSEE thereby waives the service of notice of intention to re-enter or to institute legal proceedings to that end; and/or All Fixed Rent and all Additional Rent for the balance of the Term will become immediately due there upon and be paid, together with all expenses of every nature which LESSOR may incur such as (by way of illustration and not limitation) those for attorney's fees, brokerage, advertising and putting the Premises in good order or preparing them for re-rental; and/or LESSOR may re-let the Premises or any part or parts thereof, either in the name of LESSOR or otherwise, for a term or terms which may at LESSOR's option be less than or exceed the period which would otherwise have constituted the balance of the term, and may grant concessions of free rent or charge a higher rental than that reserved in this Lease; and/or LESSEE or its legal representative(s) will also pay to LESSOR as liquidated damages any deficiency between the Fixed Rent and all Additional Rent hereby reserved and/or agreed to be paid and the net amount, if any, of the rents collected on account of the Lease or Leases of the Premises for each month of that period which would otherwise have constituted the balance of the Term.
Xxxxxx’x Remedies. (1) In the event of such default described above, Lessor shall have no further obligation to lease vehicles to Lessee and, at the option of Lessor, all rights of Lessee hereunder and in and to the Vehicles shall forthwith terminate. Upon such termination Lessee agrees that Lessor may, without notice to Lessee, either take possession of any or all Vehicles (with or without legal process) or require Lessee to return all Vehicles forthwith to Lessor at such location as Lessor shall designate. Lessee authorizes Lessor and Lessor's agents to enter any premises where the Vehicles may be found for the purpose of repossessing the same. If Lessor retakes possession of any of the Vehicles and at the time of such retaking there shall be in, upon, or attached to the Vehicles any property, goods, or things of value belonging to Lessee or in the custody or control of Lessee, Lessor is hereby authorized to take possession of such property, goods, and things of value and hold the same for Lessee or to place such property, goods, or things of value in public storage for the account of, and the expense of, Lessee. Lessor may at its option (i) sell any or all of the Vehicles which are returned or repossessed pursuant to this Section and hold Lessee liable for Adjusted Rental as provided in Section 9, or (ii) lease any or all of the Vehicles to a person other than Lessee for such term and such rental as Lessor may elect in its sole discretion, and apply the proceeds of such lease, after first deducting all costs and expenses relating to the termination of this Lease and the retaking of the Vehicles, to Lessee's obligations hereunder; provided, however, that Lessee shall pay to Lessor immediately upon demand, as liquidated damages for loss of bargain and not as a penalty, a sum with respect to each such Vehicle which represents the excess of the present value at the time of termination of all Monthly Rentals which would otherwise have accrued hereunder to the end of the Maximum Term for such Vehicle over the present value of the aggregate of the rentals to be paid for such Vehicle by such third party for such period (such present values to be computed in each case on the basis of a discount factor equal to the per annum lending rate publicly announced from time to time by Continental Illinois National Bank and Trust Company of Chicago as its prime rate, base rate or reference rate for unsecured loans of the shortest maturity to corporate borrowers in effect on the date this Le...
