REMEDIES AND COSTS Sample Clauses

REMEDIES AND COSTS. CALICO HOMES LIMITED reserves the right to use all remedies that are available to us either to require you to comply with or to stop you breaching your obligations under this Agreement. The use of all remedies available to us may be in addition or as an alternative to:
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REMEDIES AND COSTS. Subject to the provisions in Article XV of this Agreement, all remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu of, exclusive of each other or of any other remedy available to either party, at law or in equity. No delay or omission to exercise any CITY right or CITY power accruing upon any event of default shall impair any CITY right or CITY power nor shall it be construed to be a waiver of any event of default or acquiescence in it, and every CITY right and CITY power may be exercised from time to time as often as may be deemed expedient.
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REMEDIES AND COSTS. The rights and remedies specified in any provision of this Agreement are in addition to all other rights and remedies a party may have under any other agreement or applicable law, including any right to equitable relief and any right to sue xxx damages as a result of a breach of this Agreement (whether or not it elects to terminate this Agreement), and all such rights and remedies are cumulative.
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REMEDIES AND COSTS. 23 14.7 INTEGRATION; WAIVER...................................................................23 14.8
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REMEDIES AND COSTS. In addition to any remedies that may be available at law or in equity as a result of a breach of this Agreement, in the event of a breach or threatened breach by the Employee of any of the covenants in Sections 6, 7 or 8, the Company shall have the right to seek monetary damages and equitable relief, including, without limitation, specific performance by means of an injunction against the Employee to prevent or restrain any such breach. Employee acknowledges and agrees that any such breach or threatened breach of any of the covenants in Sections 6, 7 or 8 will cause irreparable injury to the Company and that monetary damages will not provide an adequate remedy to the Company. In any legal action between the parties, the prevailing party therein shall recover all costs, expenses and reasonable attorney's fees.
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REMEDIES AND COSTS. Subject to the provisions in Article XV of this Agreement, all remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu of exclusive of each other or of any other remedy available to either party, at law or in equity. No delay or omission to exercise any CITY right or CITY power accruing upon any event of default shall impair any CITY right or CITY power nor shall it be construed to be a waiver of any event of default or acquiescence in it, and every CITY right and CITY power may be exercised from time to time as often as may be deemed expedient. In the event that CITY or CONSULTANT seeks to enforce this contract by way of legal action, and the matter is placed in the hands of an attorney, then the prevailing party shall recover its attorneys fees, including all appellate attorneys fees.
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REMEDIES AND COSTS. 25 14.7 Integration: Waiver..................................................25 14.8 Controlling Law......................................................25 14.9 Copies...............................................................25 OPERATING AGREEMENT OF STRATEGIC TIMBER TWO OPERATING CO., LLC (A GEORGIA LIMITED LIABILITY COMPANY) THE MEMBERSHIP INTERESTS IN STRATEGIC TIMBER TWO OPERATING COMPANY, LLC HAVE BEEN ACQUIRED FOR INVESTMENT AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "1933 ACT") OR ANY STATE SECURITIES LAWS ("STATE ACTS") IN RELIANCE ON ONE OR MORE EXEMPTIONS THEREUNDER. THE MEMBERSHIP INTERESTS MAY NOT BE SOLD OR TRANSFERRED EXCEPT IN COMPLIANCE WITH (i) THE TERMS AND CONDITIONS OF THIS AGREEMENT AND (ii) THE 1933 ACT OR ANY APPLICABLE STATE ACTS OR PURSUANT TO A VALID AND SUBSISTING EXEMPTION THEREFROM. * * * THIS IS AN OPERATING AGREEMENT given by Strategic Timber Trust II, LLC, a Georgia limited liability company (individually as the sole "Member") of Strategic Timber Two Operating Company, LLC, a Georgia limited liability company organized pursuant to the filing of Articles of Organization with the Georgia Secretary of State on September 23, 1998 (the "COMPANY"), and dated as of October 9, 1998 and by which the Member and the Company, in consideration of the mutual benefits contained in this Agreement and other good and valuable consideration (the mutuality, adequacy and sufficiency of which are hereby acknowledged), hereby agree as follows:
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REMEDIES AND COSTS. The Secured Party has the right to realize on the Property in any manner permitted by the Legislation, and the Debtor will be liable to the extent permitted by the Legislation for all expenses incurred by reason thereof, including all solicitors’ fees and charges actually incurred by the Secured Party on a solicitor and own client basis, and all such costs and charges will be secured by this Agreement. The Debtor covenants and agrees to pay the same upon demand to the Secured Party. In addition the debtor covenants to pay to the Secured Party upon demand any deficiency to which the Secured Party may be entitled by law.
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Related to REMEDIES AND COSTS

  • REMEDIES AND DAMAGES Section 17.1 (A) If there shall occur any Event of Default, and this Lease and the Term shall expire and come to an end as provided in Article 16 hereof:

  • Remedies and Waiver All remedies of any party are cumulative. Failure of either the Ceding Company or the Reinsurer to exercise any right, privilege, power or remedy at law, equity or in existence by virtue of this Agreement or to otherwise insist upon strict compliance with any of the terms, provisions and conditions of this Agreement, or the obligations of the other party, will not constitute a waiver of such right, privilege, power, remedy, term, provision, condition, or obligation. Moreover, the failure of either party to enforce any part of this Agreement shall not be deemed to be an act of ratification or consent. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision of this Agreement.

  • REMEDIES AND WAIVERS No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

  • Remedies and Injunctive Relief Executive acknowledges that a violation by Executive of any of the covenants contained in Sections 6, 7, 8, or 9 would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, Executive agrees that, notwithstanding any provision of this Agreement to the contrary, the Company shall be entitled (without the necessity of showing economic loss or other actual damage) to injunctive relief (including temporary restraining orders, preliminary injunctions, and permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the covenants set forth in Sections 6, 7, 8, or 9 in addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under this Agreement or otherwise, and all of the Company’s rights shall be unrestricted.

  • Remedies and Related Rights If an Event of Default shall have occurred, and without limiting any other rights and remedies provided herein, under any of the other Loan Documents or otherwise available to Secured Party, Secured Party may exercise one or more of the rights and remedies provided in this Section.

  • REMEDIES, ETC CUMULATIVE. Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Administrative Agent or the Pledgee, in each case acting upon the instructions of the Required Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least the majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent or the Pledgee or the holders of at least a majority of the outstanding Other Obligations, as the case may be, for the benefit of the Secured Creditors upon the terms of this Agreement.

  • Remedies Available If there shall occur an Event of Default under this Mortgage, then this Mortgage is subject to foreclosure as provided by law and Mortgagee may, at its option and by or through a trustee, nominee, assignee or otherwise, to the fullest extent permitted by law, exercise any or all of the following rights, remedies and recourses, either successively or concurrently:

  • Remedies are Cumulative Except as expressly provided in this Agreement, the rights and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

  • Other Remedies; Specific Performance 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. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

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