Express Remedies Clause Samples
An Express Remedies clause explicitly outlines the specific remedies available to parties in the event of a breach or default under the contract. This clause details what actions or compensations are permitted, such as the right to claim damages, seek specific performance, or terminate the agreement, rather than relying solely on general legal remedies. By clearly defining the available remedies, the clause provides certainty and helps prevent disputes over what recourse is allowed, ensuring both parties understand their rights and obligations if issues arise.
Express Remedies. The Parties agree that Clause 16.4.1 shall not impair a Party’s obligation to pay the amounts specified in, or the validity of or limitations imposed by, Clause 14, Clause 15.3, Clause 16.2, Paragraph 5.3 of Schedule 1, Paragraph 11.1 of Part B of Schedule 2 and Paragraph 11.2 of Part B of Schedule 2. Neither Party shall have a right to make a claim for actual damages (whether direct or indirect) or other non-specified damages under any circumstances for which an express remedy or measure of damages is provided in this Agreement.
Express Remedies. The Parties agree that Section 15.2.1 shall not impair a Party’s obligation to pay the amounts specified in, or the validity of or limitations imposed by, Sections 5.6, 5.7, 7.12.3, 7.12.4, 7.13.2(c) and 12.
Express Remedies. The Parties agree that Section 13.1 shall not impair a Party’s obligation to pay the amounts specified in, or the validity of or limitations imposed by, Sections 2.9, 2.11, 6.4.2, 6.4.4, 8.1, 12.3.2 and 15.
1. Neither Party shall have a right to make a claim for actual damages (whether direct or indirect) or other non-specified damages under any circumstances for which an express remedy or measure of damages is provided in this Agreement.
Express Remedies. Upon the occurrence of any Event of Default by Tenant, Landlord shall have the option, without any notice to Tenant (except as expressly provided above) and with or without judicial process, to pursue any one or more of the following remedies, in addition to any and all rights at remedies at law, in equity or pursuant to statute:
(i) Landlord may terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord.
(ii) Landlord may terminate ▇▇▇▇▇▇'s possession and not this Lease and Landlord may enter the Premises and take possession of and remove any and all trade fixtures and personal property situated in the Premises, without liability for trespass or conversion. If Landlord takes possession of and removes personal property from the Premises, then prior to any disposition of the property by Landlord, Landlord may store the property in a public or private warehouse or elsewhere at the cost of and for the account of Tenant without the resort to legal process and without becoming liable for any resulting loss or damage.
(iii) Landlord may perform on behalf of Tenant any obligation of Tenant under this Lease which ▇▇▇▇▇▇ has failed to perform, and the cost of the performance will be deemed Rent and will be payable by Tenant to Landlord upon demand.
Express Remedies. If an Event of Default occurs, Lessor may, at its option, do any or all of the following:
(a) proceed by appropriate court action or actions either at law or in equity to enforce performance by Lessee of the relevant Equipment Schedule, and the covenants and terms of this Master Lease to the extent it pertains to such Equipment Schedule, and to recover from Lessee any and all damages or expenses, including reasonable attorneys' fees, which Lessor shall have sustained or incurred by reason of the Event of Default or on account of Lessor's enforcement of its remedies hereunder, or
(b) by notice to Lessee, declare immediately due and payable all monies to be paid by Lessee during the Initial Term (or any extended term then in effect) of the Equipment Schedule, as liquidated damages, and not as a penalty, and Lessor shall have the right, to the extent permitted by law, to (i) recover all monies so declared due and payable, discounted to the date of payment at the rate of 4% per annum, or one-half of the then-prevailing prime interest rate charged by principal New York banks, whichever is less, as liquidated damages, and not as a penalty; (ii) recover all other amounts which are due or which become due under the Equipment Schedule; (iii) terminate Lessee's right to possession (but not Lessee's obligations under this Lease) and to retake immediate possession of the Equipment without any process of law and for such purpose Lessor may enter upon premises where the Equipment may be located and may remove the same therefrom without notice, and without being liable to Lessee therefor, except that Lessor shall be liable for damages resulting from the negligence of Lessor, Lessor's assignee or their respective agents and representatives in any such entry or repossession; (iv) recover all expenses, including reasonable attorneys' fees, which Lessor shall have incurred or may incur by reason of the Event of Default or on account of Lessor's enforcement of its remedies hereunder; and (v) pursue any other remedy permitted by law or equity. The possibility of a re-lease or resale under Paragraph 15.2 shall not excuse prompt payment in full by Lessee under this Paragraph 15.
Express Remedies. The Parties agree that Section 12.1 shall not impair a Party’s obligation to pay the amounts specified in, or the validity of or limitations imposed by, the MSA or any Confirmation Notice. Neither Party shall have a right to make a claim for actual damages (whether direct or indirect) or other non-specified damages under any circumstances for which an express remedy or measure of damages is provided in this Agreement.
Express Remedies. If this Agreement provides for an express remedy in the event of a breach or an express outcome upon the occurrence of certain events, the neutral in the ADR proceeding shall not have the authority to award a different remedy or mandate a different outcome, unless both Parties agree. The preceding sentence shall not limit the neutral's ability to award a remedy or mandate an outcome that is in addition to the express remedy or outcome provided in this Agreement.
Express Remedies. The express remedies set forth in this Agreement ---------------- are in lieu of all obligations or liabilities on the part of Heska for damages resulting from breach of warranty, breach of contract, negligence or on any other legal theory.