Availability of Other Remedies Sample Clauses

Availability of Other Remedies. The foregoing agreements of indemnity shall be in addition to, and shall in no respect limit or restrict, any other remedies which may be available to an indemnified party.
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Availability of Other Remedies. If the Parties agree on a Supplemental Plan, then so long as the Receiving Party complies with such Supplemental Plan, the Notifying Party will not have the right to pursue any other remedies it may have available to it at law or in equity for the Receiving Party’s failure to meet its obligations under Article 6 in areas specifically addressed by the Supplemental Plan, as applicable. If the Notifying Party is of the opinion that the Receiving Party has failed to materially comply with any Supplemental Plan, then the Notifying Party will send a notice to the Receiving Party, and each Party may invoke the dispute resolution mechanisms described in Article 13.
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Availability of Other Remedies. It is understood and agreed by Indemnitor that: any rights and remedies Lender Parties may have under this Agreement, as well as any duties and obligations of Indemnitor under this Agreement, are each in addition to and independent of and shall not in any manner whatsoever supersede, replace, diminish, toll or abrogate, or be superseded, replaced, diminished, tolled or abrogated by any (a) rights and remedies Lender Parties may at any time have under this or any other documents or agreements or insurance policies, or as may be generally available at law or in equity, including, but not limited to, the right to contribution which Lender Parties may have against Indemnitor, or any other person or party, under any applicable Environmental Law, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq. and the Superfund Amendments and Reauthorization Act, 42 U.S.C. § 9601 et seq., each as amended from time to time, or any other applicable federal, state or local laws, rules or regulations, or (b) any duties and obligations of any one or more of Indemnitor under this or any other documents or agreements or insurance policies, or as may be generally imposed by law or in equity.
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Availability of Other Remedies. If the Parties agree [**], Millennium will [**] under Article V [**], as applicable. If Millennium is of the opinion that GSK [**], then Millennium will [**], and either Party may invoke the dispute resolution mechanisms described in Article XIII.
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Availability of Other Remedies. It is understood and agreed by Indemnitors that (a) any rights and remedies Beneficiary may have under this Agreement, as well as (b) any duties and obligations of Indemnitors under this Agreement, are each in addition to and independent of and shall not in any manner whatsoever supersede, replace, diminish, toll or abrogate, or be superseded, replaced, diminished, tolled or abrogated by any (i) rights and remedies Beneficiary may at any time have under this or any other documents or agreements or insurance policies, or as may be generally available at law or in equity, including, but not limited to, the right to contribution which Beneficiary may have against Indemnitors, or any other person or party, under any applicable Environmental Law, including but not limited to, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (codified at Title 42 U.S.C. §§9601 et seq.), as amended from time to time, or any other applicable Federal or State laws, or (ii) any duties and obligations of any one or more of the Indemnitors under this or any other documents or agreements or insurance policies, or as may be generally imposed by law or in equity.
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Availability of Other Remedies. It is understood and agreed by Indemnitor that: any rights and remedies Lender Parties may have under this Agreement, as well as any duties and obligations of Indemnitor under this Agreement, are each in addition to and independent of and shall not in any manner whatsoever supersede, replace, diminish, toll or abrogate, or be superseded, replaced, diminished, tolled or abrogated by any (A) rights and remedies Lender Parties may at any time have under this or any other documents or agreements or insurance policies, or as may be generally available at law or in equity, including, but not limited to, the right to contribution which Lender Parties may have against Indemnitor, or any other person or party, under any applicable Environmental Law, including but not limited to CERCLA and XXXX, as amended from time to time, or any other applicable federal, State or local laws, rules or regulations, or (B) any duties and obligations of any one or more of Indemnitor under this or any other documents or agreements or insurance policies, or as may be generally imposed by law or in equity.
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Availability of Other Remedies. Anything in this Agreement to the contrary notwithstanding, nothing in this Agreement shall be construed to prevent or limit TELIGENT's ability to pursue whatever remedies may be available to it before any competent judicial or administrative body, at law or in equity.
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Availability of Other Remedies. It is understood and agreed by each of ------------------------------ the Indemnitors that (i) any rights and remedies Beneficiary may have under this Agreement, as well as (ii) any duties and obligations of Indemnitors under this Agreement are each in addition to and independent of and shall not in any manner whatsoever supersede, replace, diminish or abrogate any (i) rights and remedies Beneficiary may at any time have under this or any other documents or agreements or insurance policies, or as may be generally available at law or in equity, or (ii) any duties and obligations of any one or more of the Indemnitors under this Agreement or any other documents or agreements, or as may be generally imposed by law or in equity.
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Availability of Other Remedies. Except as hereinafter provided in this Section 8.6, if this Merger transaction shall Close, then the set-off remedies contained in Section 8.3 shall be the exclusive remedy of Panthers hereunder for financial recovery, provided that this section shall not prohibit or in any way limit Panthers ability to seek equitable remedies such as injunctive relief and specific performance, or, if this Merger transaction shall not Close, from pursuing all of the remedies available to Panthers under Section 10.2, if applicable, and Chensoff's liability for Panthers Indemnifiable Damages shall be limited to the $4,000,000 value of Held Back Shares unless the Held Back Shares are insufficient to set off any claim for Panthers Indemnifiable Damages made hereunder in connection with a material breach of a representation or warranty made pursuant to Sections 3.1, 3.2, 3.3, 3.4, 3.12(a) (the "Title Claims"). If Title Claims arise and the Held Back Shares are insufficient to pay Panthers Indemnifiable Damages related thereto, then, in such event, the Panther Companies may take any other action or exercise any other remedy available to it by appropriate legal proceedings to collect the Panthers Indemnifiable Damages for Title Claims up to the aggregate value of the Panthers Shares delivered to Chensoff hereunder (and Panthers ability to collect Panthers Indemnifiable Damages in expressly limited to such aggregate value of the Panthers Shares delivered to Chensoff). Panthers liability for Chensoff Indemnifiable Damages shall be limited to an aggregate amount of $4,000,000.
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Related to Availability of Other Remedies

  • Exclusion of Other Remedies The provisions of Sections 6.03, 6.04 and 6.05 of this Agreement shall, to the maximum extent permitted by applicable Law, be the sole and exclusive remedies of the Provider Indemnified Parties and the Recipient Indemnified Parties, as applicable, for any claim, loss, damage, expense or liability, whether arising from statute, principle of common or civil law, principles of strict liability, tort, contract or otherwise under this Agreement, except as set forth in Section 8.03.

  • Availability of Equitable Remedies Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

  • 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.

  • Exhaustion of Other Remedies Not Required The obligations of each Guarantor hereunder are those of primary obligor, and not merely as surety, and are independent of the Guaranteed Obligations. Each Guarantor waives diligence by any of the Credit Parties and action on delinquency in respect of the Guaranteed Obligations or any part thereof, including, without limitation any provisions of law requiring any Credit Party to exhaust any right or remedy or to take any action against the Borrower, any other guarantor, or any other person, entity, or property before enforcing this Guaranty against any Guarantor.

  • Default and Remedies SECTION 6.01.

  • Defaults and Remedies Section 6.01.

  • Acceleration and Remedies Upon the acceleration of the obligations under the Credit Agreement pursuant to Section 8.1 thereof, the Obligations and, to the extent provided for under the Rate Management Transactions evidencing the same, the Rate Management Obligations, shall immediately become due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and the Agent may, with the concurrence or at the direction of the Required Secured Parties, exercise any or all of the following rights and remedies:

  • 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.

  • Events of Default and Remedies Section 8.01

  • EQUITABLE RELIEF AND OTHER REMEDIES The parties acknowledge and agree that the other party’s remedies at law for a breach or threatened breach of any of the provisions of this Section would be inadequate and, in recognition of this fact, the parties agree that, in the event of such a breach or threatened breach, in addition to any remedies at law, the other party, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available.

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