Choice of Remedies Clause Samples

Choice of Remedies. Nothing herein, including, but not limited to, Holder’s electing to pursue its rights under Sections 1.8 or 1.9 of this Warrant, shall limit a Holder’s right to pursue any other remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company’s failure to timely deliver shares of Common Stock upon exercise of the Warrant as required pursuant to the terms hereof.

Choice of Remedies. Each Seller’s obligations hereunder shall not be affected by any of the following, all of which each Seller hereby waives: any delay in the exercise or waiver of, or any failure to exercise, or any forbearance in the exercise of, any right or remedy which a Buyer Indemnitee may have hereunder against the Company or any other Seller. For purposes of clarification, and by way of illustration, a Buyer Indemnitee may, in its sole discretion, elect not to seek indemnification from the Company for Losses as to which the Company is obligated to indemnify such Buyer Indemnitee pursuant to Section 12.1(a)(i), but in the event that the Buyer Indemnitee makes such election, such Buyer Indemnitee shall nonetheless be entitled to be indemnified for the same Losses by the Principal Sellers if and to the extent that the Principal Sellers are obligated to indemnify the Buyer Indemnitee for such Losses pursuant to Section 12.1(a)(ii). Notwithstanding the foregoing, if and to the extent that a Buyer Indemnitee is indemnified by the Company for its Losses, such Buyer Indemnitee shall not be entitled to be indemnified by the Principal Sellers for that portion of the Buyer Indemnitee’s Losses as to which such Buyer Indemnitee has been indemnified by the Company.

Choice of Remedies. Nothing herein, including, but not limited to, Holder’s electing to pursue its rights under Sections 1.9, 1.10 or 1.12 of this Warrant, shall limit a Holder’s right to pursue any other remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief. In this regard, the Company hereby agrees that the Holder will be entitled to obtain specific performance and/or injunctive relief with respect to any default under this Warrant, including, without limitation, with respect to the Issuer’s failure to timely deliver shares of Common Stock upon exercise of the Warrant as required pursuant to the terms hereof, or the Issuer’s obligations regarding the reservation of shares and its transfer agent, including the use, termination, replacement or resignation of the transfer agent and the obligation to deliver an irrevocable instruction and share reservation letter with any subsequent transfer agent. The Issuer agrees that, in such event, all requirements for specific performance and/or preliminary and permanent injunctive relief will be satisfied, including that the Investor would suffer irreparable harm for which there would be no adequate legal remedy. The Issuer further agrees that it will not object to a court or arbitrator granting or ordering specific performance or preliminary and/or permanent injunctive relief in the event the Investor demonstrates that the Issuer has failed to comply with any obligation herein. Such a grant or order may require the Issuer to immediately issue shares to the Investor pursuant to a Notice of Exercise, and/or require the Issuer to immediately satisfy its obligations regarding the reservation of shares and its transfer agent, including the use, termination, replacement or resignation of the Issuer’s transfer agent and the obligation to deliver an irrevocable instruction and share reservation letter with any subsequent transfer agent. The Issuer further expressly waives any right to any bond in connection with any temporary or preliminary injunction.

Choice of Remedies. After an Event of Default under the Notes and any waiting or notice periods required by New York law, the Secured Parties shall have the right to do any one or more of the following: (a) Declare any indebtedness under the Notes immediately due and payable. (b) Enter the premises of the Company and enforce and exercise all of the rights and remedies of secured parties under the UCC of the State of New York. (c) Require the Company to assemble the Collateral and sell the Collateral, in one or more sales, for cash or on credit or to a wholesaler, retailer or user of the Collateral, at a private or public auction, all of which shall be deemed to be commercially reasonable. (d) Take such measures as the Secured Parties may consider necessary or desirable to preserve, process, develop, maintain or protect the Collateral or any portion thereof. (e) Effect the transfer of any securities included in the Collateral into the name of the Secured Parties. (f) Require the Company to place the interest of the Secured Parties as a lienholder on the certificate of title (or other evidence of ownership) of any vehicle or property owned by the Company or with respect to which the Company holds a beneficial interest. (g) File or demand the Company file any forms or other documents required to be filed with the United States Patent and Trademark Office, United States Copyright Office, or any filings in any foreign jurisdiction required to secure or protect the Secured Parties’ interest in the Collateral. (h) Notify an account debtor or the obligor on an instrument, if any, to make payment to the Secured Parties, whether or not the Secured Parties were theretofore making collections on the account or instrument. (i) Take control of any and all proceeds to which the Secured Parties are entitled.

Choice of Remedies. If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 8 or a procedure such as Veteran's Preference or Human Rights. If appealed to any procedure other than the arbitration procedure as provided in Step 4 of Article 8, the grievance is not subject to the arbitration procedure in Step 4 of Article 8, except that with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity Commission, an Employee pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure. The aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 4 of Article 8, or another appeal procedure - and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 4 of Article 8.

Choice of Remedies. (a) From and after the date a Non-Defaulting Partner has elected to exercise any remedy pursuant to Section 21, such exercise of remedies may be continued thereafter by the Non-Defaulting Partner regardless of whether the Defaulting Partner thereafter cures such Event of Default. (b) The election to pursue any remedy pursuant to Section 21 may be made alone or in combination with any other remedies; provided that if a Partner elects a Default Loan for a Monetary Default pursuant to Section 21(a), no other remedy may be elected by such Partner with respect to such Event of Default prior to the maturity date of such Default Loan, except exercise of the dilution rights as provided in Section 23. (c) Except as provided in Section 22(b), nothing contained herein shall limit any rights to ▇▇▇ a Partner or Guarantor for amounts owing to the Partnership hereunder, or for any other breach of this Agreement or the guaranties appended to this Agreement. A Defaulting Partner shall have no right to demand the immediate valuation and payment for its Partnership Interest or other Project Property. (d) In any action against a Defaulting Partner for a failure to make any Initial Capital Contribution or any Additional Capital Contribution for which it is callable pursuant to Section 4 or in any levy or enforcement of any judgment against a Defaulting Partner for any such failure to contribute, the recovery against such Defaulting Partner may include any assets of such Defaulting Partner and, its Guarantor, in the case of a guaranteed obligation. (e) Upon any Transfer of a Project Property pursuant to Sections 9, 23, 24, 25 and/or 26, the transferee shall acquire the Project Property free and clear of any lien or security interest with respect to such Project Property; provided that nothing herein shall restrict or impair the lien of any lender holding any such security interest to any proceeds payable to the Partner so Transferring its Project Property or any right of such lender to receive directly such proceeds. (f) Prior to exercising the Appraisal Buyout remedy for an Event of Default, the Non-Defaulting Partner shall give notice and a twenty (20) day opportunity to cure to any Institutional Investor holding a permitted pledge of the Defaulting Partner's Project Property, provided that the name and address of such lender has previously been provided to the Non-Defaulting Partner by Notice in accordance with this Agreement.

Choice of Remedies. Upon the occurrence of a breach of this Agreement, a non-breaching party may in its sole discretion independently exercise or not exercise any or all rights which it may have under this Agreement or any other agreements by and between the breaching and non-breaching parties, and the exercise of the non-breaching party's rights under this Agreement shall not exclude any of the remedies which such non-breaching party may have at law or in equity, all such remedies being cumulative in effect.

Choice of Remedies. In the event an employee files a cause of action with the Illinois Department of Human Rights, U.S. Equal Employment Opportunity Commission or any other governmental agency or court of law alleging that the City engaged in act(s) of unlawful discrimination as described in Section 24.2 of this Agreement, neither the employee nor the Union may pursue relief in the form of a grievance under Article VI for the same alleged act(s) of unlawful discrimination.

Choice of Remedies. If an Event of Default exists, Landlord may elect to terminate this Lease upon notice as provided in Section 14.3 below, to proceed by judicial proceedings, either at law or in equity, or to enforce the performance or observance by Tenant of the applicable provisions of this Lease, provided that, in all instances (whether or not Landlord terminates this Lease), Landlord shall not be entitled to accelerate Fixed Rent or Additional Rent.