Our Remedies. Upon the occurrence of an Event of Default or while it is ongoing, that continues beyond the expiration of any applicable notice or cure period: • we may, at our option upon written notice to you, declare all of your indebtedness to us under this Agreement and the Note to be immediately due and payable, whether such indebtedness was incurred prior, during the term, or subsequent to the date of this Agreement and whether represented in writing or otherwise, without presentment, demand, or further notice of any kind; and • all of our commitments and obligations under this Agreement or any other agreement will terminate; and • we may exercise all rights and remedies available under this Agreement, the Note and applicable law. You agree to pay all costs and expenses incurred by us in enforcing any obligation under this Agreement or the Note, including reasonable attorneys' fees. No failure or delay by us in exercising any rights we may have will operate as a waiver of such right, nor will any single or partial exercise of any right preclude any other future exercise of such right, or the exercise of any other right we may have; and • if any Event of Default shall occur, we will have the additional right, at our sole option, to file an appropriate collection action against you. You further agree that our remedies are cumulative in nature and nothing under this Agreement or otherwise shall be construed as to limit the options and remedies available to us following any event of default under this Agreement or otherwise, and • except as prohibited by applicable law, all of our rights and remedies shall be cumulative and may be exercised singularly or concurrently. If we choose to pursue any remedy it shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of yours shall not affect our right to declare a default and to exercise all of our rights and remedies.
Our Remedies. If you do not pay all charges by the due date or fail to meet any other obligation under this Agreement, we may, without notice remove, suspend, or modify your Services without liability and recover all collection costs and legal fees, and pursue any other available legal or equitable remedies. You agree that we may report to credit reporting agencies your failure to make payments as required by this Agreement.
Our Remedies. Upon the occurrence of an event of Default and your failure to remedy the Default within five calendar days. We shall have the right to deny you access to your Unit and the Stored Property by placing a second lock on the Unit. If you do not remedy the default within a reasonable time, then upon notice to you as provided by law we may enter the Unit and enforce the lien given to us by Section5322.02 of the Ohio Revised Code and may recover from you as damages all unpaid rent and charges permitted by this Lease as well as all costs of foreclosing our lien, including reasonable attorney fees. OUR REMEDY IS NOT LIMITED TO A SALE OF YOUR STORED PROPERTY. WE CAN OBTAIN A JUDGEMENT IN THE OTTAWA COUNTY MUNICIPAL COURT FOR ALL AMOUNTS YOU OWE US AND WE MAY SATISFY BY JUDGEMENT; WAGE GARNISHMENT; ATTACHMENT; OR ANY OTHER MEANS ALLOWED BY LAW. A copy of the provisions of the Ohio Revised Code detailing our remedies may be obtained from the Wild Wings Mini-Storage Office.
Our Remedies. 1. WHENEVER THIS AGREEMENT IS TERMINATED, WE WILL REMOVE THE HOTEL FROM DIRECTORIES AND ADVERTISING AND DISCONNECT THE HOTEL FROM THE ADVANCE RESERVATIONS SYSTEM.
Our Remedies. 6.1. If You fail to deliver the Goods and/or perform the Services by the applicable date, We shall, without limiting or affecting other rights or remedies available to us, have one or more of the following rights:
Our Remedies. If you breach any term of this Agreement or if the authorizations in Section 3 are cancelled, we may (i) terminate this Agreement and require you to immediately pay us an amount equal to (a) the depreciated fair market value of the Equipment as at the date of such termination (as determined by us on a straight-line basis in accordance with Canadian generally accepted accounting principles and assuming, for the purpose of such determination, that the Equipment is valued on an installed basis without regard to the cost of removal and has been maintained as required by this Agreement), plus (b) in the case where we have terminated this Agreement prior to the end of the Minimum Term, an amount equal to the present value as at the date of such termination (calculated using a discount rate of 6% per annum) of all unpaid Total Monthly Payments to the end of the Minimum Rental Term, plus (c) all other amounts owing under this agreement, (ii) enter on any premises where the Equipment is located and take possession of, disable or remove it and require you to pay an amount equal to all costs related thereto, plus our then applicable removal fee and (iii) exercise any other remedies available to us, whether at law, in equity or otherwise. To the extent permitted by law, you waive the benefit and protection of any law that restricts or limits our remedies under this Agreement.
Our Remedies. If Landlord delays or fails to exercise lease rights, pursue remedies, give notices to you, or make demands to you, as guarantor, you will not consider it as a waiver of our rights against you as guarantor. All of our remedies against the resident(s) apply to guarantor as well. All residents and guarantors are jointly and severally liable. It is unnecessary for us to sue or exhaust remedies against residents in order for you to be liable.
Our Remedies. You agree that we, in our sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with us or your use of the Site and remove and discard all or any part of your account, profile, and any Content, at any time. We may also in our sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have, or portion thereof, may be affected without prior notice, and you agree that we will not be liable to you or any third-party for any such termination. Upon termination for any reason, all licenses and other rights granted to you in this Agreement will immediately cease and you must cease to use the Site. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. We reserve all rights and remedies against any User who violates this Agreement. YOU ACKNOWLEDGE THAT A VIOLATION OF THIS AGREEMENT MAY CAUSE IRREPARABLE HARM TO US AND YOU AGREE THAT, IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, WE SHALL BE ENTITLED TO SEEK INJUNCTIVE RELIEF AGAINST YOU FOR ANY SUCH VIOLATION WITHOUT HAVING TO POST A BOND.
Our Remedies. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Our Remedies. If you do not pay all charges by 30 days after the due date, fail to meet any other obligation under the Agreement or under any other agreement between us, or make any Client Representation or warranty that is or becomes untrue, we may, without notice: (i) require you to pay immediately all unpaid amounts you owe and will owe for all Services for the entire term of the Agreement; (ii) remove your Print Services from any publication that has not published; (iii) remove, suspend, or modify your Digital Services; (iv) suspend or terminate any Service without liability (v) recover all collection costs and attorneys’ fees; (vi) redirect to another company (possibly a competitor) or permanently or temporarily disconnect the unique tracking telephone numbers appearing in your Service; and (vii) pursue any other available legal or equitable remedies. If we receive notice from another party contesting your right to use or display a name, trademark, service mark or other content, in addition to the remedies above, we may, without liability to you, cancel or reject the Services until you have resolved the dispute with the other party to our satisfaction.
