Xxxxxxx's Remedies. The Grantor, for itself, its assigns and successors, expressly acknowledges that a violation of this Preservation Restriction Agreement, including a failure to expend such Funds for their intended purposes, may result in the Commission exercising its right to enforce the terms and conditions of the Restriction by seeking appropriate legal and equitable relief, including, but not limited to, restoration of the Building, repayment of the Funds, and such other legal and equitable remedies as may be available to the Commission to effectuate the purposes of this Restriction and to enforce the Grantor's obligations hereunder. In the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for any costs or expenses incurred in connection with Xxxxxxx's enforcement of the terms of this Restriction, including all court costs, and attorneys', architectural, engineering, and expert-witness fees. Grantor shall, at its own expense and with approval of Commission, reverse any actions or activities which violated this restriction and altered the Building. Nothing in this Restriction shall impose upon the Commission any duty to maintain or require that the Building be maintained in any particular state or condition, notwithstanding the Commission's acceptance hereof Enforcement of the terms of this Preservation Restriction shall be at the discretion of the Commission. Any election by the Commission as to the manner and timing of the exercising of its right to enforce this Preservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. By its acceptance of this Preservation Restriction, the Commission does not assume any liability or obligation relating to the condition of the Building or the Property, including compliance with hazardous materials or other environmental laws and regulations.
Xxxxxxx's Remedies. If Grantee determines that Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which Grantee may be entitled for violation of the terms of this Conservation Easement or injury to any conservation values protected by this Conservation Easement, including damages for the loss of scenic, aesthetic, water resource protection or environmental values, and to require the restoration of the Premises to the condition that existed prior to any such injury. Without limiting Grantor's liability therefore, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Premises. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Premises, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Xxxxxxx's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement, and Grantor agrees that if Xxxxxxx's remedies at law for any violation of the terms of this Conservation Easement are inadequate, that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Xxxxxxx's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premises resulting from any causes beyond Grant...
Xxxxxxx's Remedies. If Xxxxxxx believes that Grantor is in violation of the terms of this Easement, or that a violation is threatened, Grantee shall communicated with Grantor and they shall work together to devise a plan to avoid or remedy the breach in question, and such plan shall be implemented as soon as reasonably possible given the annual agricultural cycle. In the event of a genuine dispute as to whether certain management actions are consistent with the spirit and letter of the Easement, and in such cases, they will work together whenever possible to submit the dispute to the NRCS or a university expert to arbitrate the dispute and determine whether a violation has occurred, and on what should be done to cure a violation if one has occurred, thereby avoiding the need for litigation or dispute proceedings. If and only if Grantor and Grantee fail after making reasonable efforts to agree upon a plan to avoid or remedy the breach in question, then the following formal dispute resolution mechanism shall commence: Grantee shall in such event give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purposes of this Easement, to restore the Property so injured. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the thirty (30) day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation ex parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any Conservation Value protected by this Easement, and/or to require the restoration of the Property to the condition that existed immediately prior to such injury. Without limiting Grantor's liability therefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the property. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation...
Xxxxxxx's Remedies. If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following the notice and cure period in §13.B and the dispute resolution process in §15 shall have all remedies available at law and equity.
Xxxxxxx's Remedies. If Grantee determines that Grantor, or third parties under Grantor’s authority and control or acting with Xxxxxxx’s knowledge or approval, are in violation of the terms of this Easement, Grantee shall give written notice to Grantor of such violation. In said notice of violation, Grantee shall demand corrective action by Grantor sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purposes and terms of this Easement, to restore the portion of the Property so injured to the condition that existed prior to the injury. If Grantor:
Xxxxxxx's Remedies. If Grantee is in breach under any provision of this Agreement and fails to cure such breach, Grantor, following the notice and cure period specified in this section, shall have all of the remedies listed in this section, below § 12 (Termination), and elsewhere in this Agreement, in addition to all other remedies set forth in this Agreement or at law. The Grantor may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively.
Xxxxxxx's Remedies. If the Grantor is in breach of any provision of this Agreement and fails to cure such breach, Grantee, following the notice and cure period specified in this Section and the dispute resolution process in § 13 (Dispute Resolution) shall have the rights to terminate this Agreement and proceed under Chapter 53 of the C.G.S.
Xxxxxxx's Remedies. In the event of a default by Buyer, or if Diamond reasonably deems itself insecure, Diamond may suspend all shipments until all delinquencies and defaults are cured and adequate assurances of performance by Buyer are given to Diamond. BUYER SHALL BE LIABLE TO DIAMOND FOR AND SHALL PAY TO DIAMOND ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY XXXXXXX TO COLLECT THE PURCHASE PRICE FROM BUYER OR OTHERWISE TO ENFORCE ANY AGREEMENT IN THE EVENT OF BUYER'S BREACH. In the event of a default by Buyer, Diamond shall have all remedies available under the Ohio Uniform Commercial Code, Chapter 1301 et seq as amended, and as otherwise provided by applicable law.
Xxxxxxx's Remedies. In the event that the Grantee becomes aware of a default by Grantor of the terms of this Conservation Easement, the Grantee shall give notice to the Grantor in accordance with Paragraph 17.5 of this Agreement, and request corrective action sufficient to xxxxx such default and if possible, restore the Protected Property to its previous condition at the time of this grant. Failure by the Grantor to cure the default within thirty (30) days after receipt of such notice shall entitle the Grantee to bring an action at law or equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement unless Grantor has commenced action to cure the default within the 30 days and continues to attempt to cure, in which case Grantor shall be given an additional 30 days in which to cure the default; to require the restoration of the Protected Property to its previous condition; to enjoin such non-compliance by temporary or permanent injunction in a court of competent jurisdiction.
Xxxxxxx's Remedies. The Grantor hereby agrees that:
