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 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. 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. 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. 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. If City is in breach under this Agreement and fails to cure any such breach within the time period required therefore as set forth in Section 7.1 above, then Xxxxxx shall have the right to terminate this Agreement upon written notice delivered to the City, and may, in addition, pursue any and all other rights and remedies provided by law.
Xxxxxx’x Remedies. Should a Developer Event of Default or Authority Event of Default occur, subject to the limitations set forth in Sections 15.4.1 and 15.4.2, Xxxxxxx shall be entitled to elect among the following as its sole remedies: (a) terminate this Agreement as to Authority or the applicable Developer Party and seek any remedies at law that may be available against the defaulting Party as a consequence of the Developer Event of Default or Authority Event of Default, (b) commence a suit for injunctive relief or specific performance of this Agreement, or (c) waive such Developer Event of Default or Authority Event of Default (although such waiver shall only be effective if both Xxxxxxx and the non-defaulting Party agree to a waiver).
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. If Lessee fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish Lessor with required proof that the insurance has been procured and is in force and paid for, Landlord shall have the right, at Lessor’s election, to procure and maintain such insurance. The premiums paid by Lessor shall be. treated as added rent due from Lessee, with interest at the maximum rate then permitted by law, to be paid on demand by Lessor. Lessor shall give Lessee prompt notice of the payment of premiums, stating the amounts paid and the names of the insurer or insurers.
