Common use of Grantee’s Remedies Clause in Contracts

Grantee’s Remedies. Grantee may employ the following remedies to correct any violation of any covenant, stipulation, or restriction herein, in addition to any remedies now or hereafter provided by law: a) Grantee may, following reasonable written notice to Grantor, bring suit(s) to enjoin any such violation by ex parte, temporary, preliminary, and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Façades to the condition and appearance required by this instrument. Notwithstanding the foregoing, Grantee shall first provide Grantor with written notice and a reasonable time period (at least 15 days) to cure any violations prior to initiating any action, unless the violation is of such a nature and/or extent that any delay would cause further damage to the area of the Easement. b) Grantee’s representatives may, following reasonable notice to Grantor, enter upon the Premises, correct any violation, and hold Grantor and its successors and assigns responsible for the cost thereof. Such cost until repaid shall constitute a lien on the Premises. Grantor shall exercise reasonable care in selecting independent contractors if it chooses to retain such contractors to correct any violations under this paragraph, including making reasonable inquiry as to whether any such contractor is properly licensed and has adequate liability insurance and workers’ compensation coverage. c) Grantee shall have available all other legal and equitable remedies to enforce Grantor’s obligations under this Agreement. d) In the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for its reasonable costs or expenses incurred in connection therewith, including all reasonable court costs and attorney, architectural, engineering, and expert witness fees. e) Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time.

Grantee’s Remedies. Grantee may employ (a) In the following remedies to correct any event of a violation or threatened violation of any covenantrepresentation, stipulationwarranty, covenant or restriction hereinother provision of this Easement, in addition to any remedies now or hereafter provided by law: a) Grantee may, following reasonable written notice to Grantor, bring suit(s) to enjoin any such violation by ex parte, temporary, preliminary, and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Façades to the condition and appearance required by this instrument. Notwithstanding the foregoing, Grantee shall first provide Grantor with written notice and a reasonable time period (at least 15 days) to cure any violations prior to initiating any action, unless the violation is of such a nature and/or extent that any delay would cause further damage to the area of the Easement. b) Grantee’s representatives may, following reasonable notice to Grantor, (i) institute a suit for injunctive relief, specific performance or damages, (ii) enter upon the Premises, Property to correct any such violation, and hold Grantor and its successors Grantor' successors, heirs and assigns in title responsible for the cost thereof. Such cost , or (iii) expend such sums as may be necessary to satisfy any lien prohibited hereunder or to pay and discharge any delinquent taxes or assessments, or to redeem from any tax sale, and all funds so paid or expended by Grantee shall, until repaid shall repaid, constitute a lien on the PremisesProperty. Grantor shall exercise reasonable care in selecting independent contractors if it chooses waives any bond requirement which may be applicable to retain such contractors to correct any violations under this paragraph, including making reasonable inquiry as to whether any such contractor is properly licensed and has adequate liability insurance and workers’ compensation coverage. c) Grantee shall have available all other legal and equitable remedies to enforce Grantor’s obligations under this Agreement. d) injunctive relief. In the event Grantor is found adjudicated to have violated any of its obligationsGrantor's obligations herein, Grantor shall reimburse Grantee for its reasonable any costs or expenses incurred in connection therewithwith the enforcement of its rights, including all reasonable court costs and attorney, architectural, engineeringattorneys' fees. Grantee’s remedies hereunder shall be cumulative, and expert witness fees. e) Exercise the exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, remedy and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. All damages, costs, and expenses awarded to Grantee hereunder shall constitute a lien against the Property until repaid by Grantor. Grantee shall have the right, but not the obligation, to record a notice of any lien which Grantee may claim to have against the Property under this section or any other provision of this Easement and may foreclose or otherwise enforce such lien in any manner provided by law. In addition to the foregoing, Grantee may record a notice of violation in the Office of the Recorder of County, Illinois.‌‌ (b) Grantor's sole remedy in the event of a failure by Grantee to perform any of its covenants herein contained shall be, if such failure shall continue for ten (10) days after written notice thereof to Grantee, to institute a suit for injunctive relief or specific performance. Grantor hereby waives any claim for damages resulting from such failure, and expressly acknowledges that any such failure by Grantee shall in no way affect the validity of this Easement or any of the other covenants contained herein. (c) Nothing contained in the Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor’s control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, ▇▇▇▇▇, or mitigate significant injury to the Property resulting from such causes.

Grantee’s Remedies. Grantee may employ The rights hereby granted shall include the following remedies right to correct any violation of any covenant, stipulation, or restriction herein, in addition enforce this Agreement by appropriate legal proceedings and to any remedies now or hereafter provided by law: a) Grantee may, following reasonable written notice to Grantor, bring institute suit(s) to enjoin any such violation of the terms of this Agreement by ex parte, temporary, preliminary, preliminary and/or permanent injunction, including without limitation prohibitory and/or mandatory injunctive relief, relief and to require the restoration of the Façades Property and/or the Building to the condition and appearance required by under this instrumentAgreement (it being agreed that Grantee may have no adequate remedy at law), which rights shall be in addition to, and not in substitution of, all other legal and other equitable remedies available to Grantee to enforce Grantor’s obligation hereunder. Notwithstanding Except in the foregoingcase of an emergency, Grantee shall first provide Grantor with agrees that no such enforcement actions will be taken unless (a) Grantee has sent written notice and a reasonable time period (at least 15 days) to cure any violations prior to initiating any action, unless the violation is of such a nature and/or extent that any delay would cause further damage to the area of the Easement. b) Grantee’s representatives may, following reasonable notice to Grantor, enter upon specifying Grantor’s failure to comply with the Premises, correct any violationterms of this Preservation Restriction Agreement, and hold (b) Grantor fails to cure the same within thirty (30) days from the date of the Grantee’s notice, or, if such cure cannot reasonably be completed within said thirty (30) days, Grantor has commenced to cure said default within said thirty (30) day period and its successors and assigns responsible for the cost thereofis pursuing said cure diligently to completion. Such cost until repaid shall constitute a lien on the Premises. Grantor shall exercise reasonable care in selecting independent contractors if it chooses to retain such contractors to correct any violations under this paragraph, including making reasonable inquiry as to whether any such contractor is properly licensed and has adequate liability insurance and workers’ compensation coverage. c) Grantee shall have available all other legal and equitable remedies to enforce Grantor’s obligations under this Agreement. d) In the event Grantor is found to have violated any of its Grantor’s obligations, Grantor shall reimburse Grantee for its reasonable any costs or expenses incurred in connection therewithwith Grantee’s enforcement of the terms of this Preservation Restriction Agreement, including all reasonable court costs costs, and attorneyattorneys’, architectural, engineering, engineering and expert witness fees. e) , together with interest thereon at the prime lending rate. Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting the use of any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. By its acceptance, Grantee does not undertake any liability or obligation relating to the condition of the Property or the Building, including with respect to compliance with hazardous materials or other environmental laws and regulations. Nothing herein shall impose upon the Grantee any affirmative obligation or liability relating to the condition of the Property or the Building.

Grantee’s Remedies. The rights of Grantee may employ herein shall include the following remedies right to correct any violation of any covenant, stipulation, or restriction herein, in addition enforce this Restriction by appropriate legal proceedings and to any remedies now or hereafter provided by law: a) Grantee may, following reasonable written notice to Grantor, bring institute suit(s) to enjoin any such violation of the terms of this Restriction by ex parte, temporary, preliminary, preliminary and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Façades Building, at Grantor’s sole expense, to the condition and appearance required by under this instrument. Notwithstanding the foregoingRestriction (it being agreed that Grantee may have no adequate remedy at law), Grantee which rights shall first provide Grantor with written notice and a reasonable time period (at least 15 days) to cure any violations prior to initiating any action, unless the violation is of such a nature and/or extent that any delay would cause further damage to the area of the Easement. b) Grantee’s representatives may, following reasonable notice to Grantor, enter upon the Premises, correct any violationbe in addition to, and hold Grantor and its successors and assigns responsible for the cost thereof. Such cost until repaid shall constitute a lien on the Premises. Grantor shall exercise reasonable care not in selecting independent contractors if it chooses to retain such contractors to correct any violations under this paragraphsubstitution of, including making reasonable inquiry as to whether any such contractor is properly licensed and has adequate liability insurance and workers’ compensation coverage. c) Grantee shall have available all other legal and other equitable remedies available to Grantee to enforce Grantor’s obligations under hereunder. Except in the case of an emergency, Grantee agrees that no such enforcement actions will be taken unless (a) Grantee has sent written notice to Grantor, specifying Grantor’s failure to comply with the terms of this Agreement. dRestriction, and (b) Grantor fails to cure the same within thirty (30) days from the date of the Grantee’s notice, or, if such cure cannot reasonably be completed within said thirty (30) days, Grantor has commenced to cure said default within said thirty (30) day period and is pursuing said cure completion using commercially diligent efforts. In the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for its any reasonable costs or expenses incurred in connection therewithwith Grantee’s enforcement of the terms of this Restriction, including all reasonable court costs costs, and attorney, architectural, engineering, engineering and expert witness fees. e) . Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. By its acceptance, Grantee does not undertake any liability or obligation relating to the condition of the Property or the Building, including with respect to compliance with hazardous materials or other environmental laws and regulations. Nothing herein shall impose upon the Grantee any affirmative obligation or liability relating to the condition of the Property or the Building.

Grantee’s Remedies. Grantee may employ The rights hereby granted shall include the following remedies right to correct any violation of any covenant, stipulation, or restriction herein, in addition enforce this Preservation Restriction Agreement by appropriate legal proceedings and to any remedies now or hereafter provided by law: a) Grantee may, following reasonable written notice to Grantor, bring institute suit(s) to enjoin any such violation of the terms of this Preservation Restriction Agreement by ex parte, temporary, preliminary, and/or preliminary and or permanent injunction, including without limitation prohibitory and/or mandatory injunctive relief, relief and to require the restoration of the Façades Property and Building to the condition and appearance required by under this instrument. Notwithstanding the foregoingPreservation Restriction Agreement (it being agreed that Grantee may have no adequate remedy at law), Grantee which rights shall first provide Grantor with written notice and a reasonable time period (at least 15 days) to cure any violations prior to initiating any action, unless the violation is of such a nature and/or extent that any delay would cause further damage to the area of the Easement. b) Grantee’s representatives may, following reasonable notice to Grantor, enter upon the Premises, correct any violationbe in addition to, and hold Grantor and its successors and assigns responsible for the cost thereof. Such cost until repaid shall constitute a lien on the Premises. Grantor shall exercise reasonable care not in selecting independent contractors if it chooses to retain such contractors to correct any violations under this paragraphsubstitution of, including making reasonable inquiry as to whether any such contractor is properly licensed and has adequate liability insurance and workers’ compensation coverage. c) Grantee shall have available all other legal and other equitable remedies available to Grantee to enforce Grantor’s obligations under obligation hereunder. Except in the case of an emergency, Grantee agrees that no such enforcement actions will be taken unless (a) Grantor has sent written notice to Grantee, specifying Grantee’s failure to comply with the terms of this Preservation Restriction Agreement. d, and (b) Grantee fails to cure the same within thirty (30) days from the date of the Grantee’s notice, or, if such cure cannot reasonably be completed within said thirty (30) days, Grantor has commenced to cure said default within said thirty (30) day period and is pursuing said cure diligently to completion. In the event Grantor is found to have violated any of its Grantor’s obligations, Grantor shall reimburse Grantee for its reasonable any costs or expenses incurred in connection therewithwith Grantee’s enforcement of the terms of this Preservation Restriction Agreement, including all reasonable court costs costs, and attorney’s, architectural, engineering, engineering and expert witness fees. e, together with interest thereon at an interest rate two percent points (2%) higher than the prime lending rate. Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting the use of any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. By its acceptance, Grantee does not undertake any liability or obligation relating to the condition of the Property or the Building, including with respect to compliance with hazardous materials or other environmental laws and regulations. Nothing herein shall impose upon the Grantee any affirmative obligation or liability relating to the condition of the Property or the Building.