Other Available Remedies. City’s election of one (1) or more remedies described herein shall not limit the City from any and all other remedies at law and in equity including injunctive relief, etc.
Other Available Remedies. The enumeration of the rights and remedies of the Agent and the Lenders set forth in this Agreement is not intended to be exhaustive and the exercise by the Agent and the Lenders of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under any other Loan Documents or that may now or hereafter exist in law or in equity or by suit or otherwise.
Other Available Remedies. Service Provider acknowledges and agrees that Liquidated Damages shall not be ALU’s sole or exclusive remedy as such relates to breach of this MSA, any failure by Service Provider to meet the Service Levels or failure to perform under this MSA by Service Provider. ALU shall not be precluded from claiming general damages should Liquidated Damages not fully compensate ALU for its recoverable losses; provided, however, Service Provider shall be granted a credit for any Liquidated Damages already paid to ALU relating to the Dispute against any damages awarded to ALU pursuant to such Dispute under this MSA. Alcatel-Lucent - CONFIDENTIAL Use Pursuant to Alcatel-Lucent Instructions THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”. MASTER SERVICES AGREEMENT TERMS AND CONDITIONS
Other Available Remedies. At Landlord's election, upon an Event of Default, Landlord may pursue such other amounts or other remedies in addition to or in lieu of any one or more of the specific remedies listed in this Section and no articulation of any remedy shall be construed to be in lieu of any others that may be available to Landlord at law or in equity.
Other Available Remedies. The Agency’s election of one (1) or more of the remedies described herein shall not preclude the Agency from pursuing any other remedies in this Agreement or at law or in equity.
Other Available Remedies. In case the Company shall fail forthwith to pay amounts due under Section 3.02 or the First Mortgage Bond upon such demand, the Trustee shall be entitled and empowered to pursue any and all available remedies and institute any actions or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company and collect in the manner provided by law out of the property of the Company the moneys adjudged or decreed to be payable. Notwithstanding the foregoing, the Trustee shall in no event have any responsibility, obligation or duty to enter upon, or otherwise take possession or control of, the Project Facilities, or take any other action that could constitute taking possession or control of the Project Facilities. In case the Trustee shall have proceeded to enforce any right under this Agreement or the Mortgage and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Trustee, then and in every such case the Company and the Trustee shall be restored to their respective positions and rights hereunder, and all rights, remedies and powers of the Company and the Trustee shall continue as though no such proceeding had been taken, but subject to the limitations of any such adverse determination.
Other Available Remedies. 52 10.5 Waiver of Marshalling of Assets................................................................52
Other Available Remedies. A Party’s election of one or more remedies described herein shall not limit that Party from any and all other remedies at law and in equity.
Other Available Remedies. CCCSWA’s election of one or more remedies described herein shall 3501 not limit CCCSWA from any and all other remedies at law and in equity, such as a right to 3502 immediately contract with another service provider. 3503 14.7 Specific Performance 3504 By virtue of the nature of this Agreement, the urgency of timely, continuous, and high quality service, 3505 the lead time required to effect alternative service, and the rights granted by CCCSWA to Contractor, the 3506 remedy of damages for a breach hereof by Contractor is inadequate and CCCSWA shall be entitled to 3507 injunctive relief. 3508 14.8 CCCSWA’s Remedies Cumulative 3509 CCCSWA’s rights to suspend or terminate this Agreement, to obtain specific performance, and to 3510 perform under this Article are not exclusive, and CCCSWA’s exercise of one such right shall not 3511 constitute an election of remedies. Instead, they shall be in addition to any and all other legal and 3512 equitable rights and remedies that CCCSWA may have, including a legal action for damages or 3513 imposition of Liquidated Damages under Exhibit C. 3514 14.9 Liquidated Damages 3515 The Parties agree that, as of the time of execution of this Agreement, it is impractical and extremely 3516 difficult to reasonably ascertain the extent of damages that CCCSWA and its Member Agencies will 3517 suffer as a result of a breach by Contractor of its obligations under this Agreement. The Parties 3518 acknowledge that consistent and reliable Collection, Transfer, Transport, Processing, Diversion, and 3519 Disposal services are of utmost importance to CCCSWA, its Member Agencies, and the Subscribers. The 3520 Parties further recognize that some quantifiable standards of performance are necessary and 3521 appropriate to ensure consistent and reliable service and performance. Therefore, without prejudice to 0000 XXXXXX’s right to treat such non‐performance as an Event of Default, and in addition to any other 3523 remedies provided for in this Agreement, CCCSWA may assess Liquidated Damages for Contractor’s 3524 failure to meet specific performance standards, and Contractor agrees to pay the Liquidated Damages 3525 amounts specified in Exhibit C. Liquidated Damages are paid as damages, and not as a penalty. The 3526 Parties agree that the amounts set forth in Exhibit C represent a reasonable estimate of the amount of 3527 the damages that CCCSWA and its Member Agencies will suffer for the specified breaches, considering 3528 all of the circumst...
Other Available Remedies. Authority’s election of one (1) or more remedies described herein shall not limit the Authority from any and all other remedies at law and in equity including, but not limited to, injunctive relief.
