Application of Remedies Sample Clauses

The 'Application of Remedies' clause defines how and when contractual remedies may be exercised by the parties in the event of a breach or other specified circumstances. Typically, this clause outlines the types of remedies available—such as damages, specific performance, or termination—and may set conditions or procedures for invoking them. By clearly specifying the process and scope for applying remedies, this clause ensures that both parties understand their rights and obligations if issues arise, thereby reducing uncertainty and helping to resolve disputes efficiently.
Application of Remedies. The provisions of this Article 12 will govern the Partiesremedies for breach of this Agreement.
Application of Remedies. The rights and remedies given to Lessor in this Lease are distinct, separate and cumulative, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others herein, by law or by equity provided.
Application of Remedies. This Article 11 shall govern the Parties' rights to terminate this Agreement and the Parties' remedies for breach or failure under this Agreement.
Application of Remedies. This Article 9 will govern the Parties' remedies for breach or failure under this Agreement prior to the Lease Execution Date or Phased Improvement Milestone, as applicable; thereafter the terms and provisions of the Lease will apply.
Application of Remedies. This Article 10 shall govern the Parties' remedies for breach or failure under this Agreement.
Application of Remedies. The provisions of this Article 19 shall govern the parties' remedies for breach of this Ground Lease.
Application of Remedies. The rights and remedies given in this Lease are distinct, separate and cumulative, and no one of them, whether or not exercised, shall be deemed to be in exclusion of any of the other herein, by law or equity provided.
Application of Remedies. The provisions of this Article 6 shall govern the Parties' remedies for breach or failure under this Agreement.
Application of Remedies. Absent a decision to the contrary by the Board of Directors (which the Board of Directors may make in its sole and absolute discretion), if a Person would have (but for the remedies set forth in Section 2(2)) acquired Beneficial Ownership or Constructive Ownership of Capital Stock in violation of Section 2(1), such remedies (as applicable) shall apply first to the shares of Capital Stock that, but for such remedies, would have been actually owned by such Person, and second to shares of Capital Stock that, but for such remedies, would have been Beneficially Owned or Constructively Owned (but not actually owned) by such Person, pro rata among the Persons who actually own such shares of Capital Stock based upon the relative number of the shares of Capital Stock held by each such Person. In addition, any approvals, determinations or other actions which may be taken by the Board of Directors pursuant to this Article IV may, to the extent permissible under the DGCL and applicable law, be delegated by the Board of Directors to any duly authorized committee of the Board of Directors or other designee of the Board of Directors.
Application of Remedies. From the time a Person becomes a Triggering Person and throughout the period of the dissolution of the Newco Group, if a dissolution is elected, the provisions of Section 13.2 shall apply. If the Other Parent does not elect to cause a dissolution of the Newco Group within the period when it has the right to do so, the provisions of Section 13.2 shall continue to apply.