Powers and Remedies Sample Clauses
The "Powers and Remedies" clause defines the rights and actions available to a party if the other party breaches the agreement. Typically, it outlines the specific remedies—such as seeking damages, requiring performance, or terminating the contract—that the non-breaching party may pursue. This clause ensures that both parties understand the consequences of a breach and provides a clear framework for addressing violations, thereby reducing uncertainty and helping to resolve disputes efficiently.
Powers and Remedies. (a) Except as provided in Section 8.9, no right or remedy herein conferred upon or reserved to the Transfer Agent or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.
(b) No delay or omission of the Transfer Agent or of any Holder to exercise any right or power accruing upon any Material Breach occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any such Material Breach or an acquiescence therein; and, subject to Section 8.9, every power and remedy given by this Agreement or by law to the Transfer Agent or to the Holders may be exercised from time to time, and as often as shall be deemed expedient, by the Transfer Agent or by the Holders.
Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.
Powers and Remedies. The rights, powers and remedies in this Agreement are in addition to, and not exclusive of, the rights, powers and remedies existing at law or in equity. GOVERNING LAW This Agreement is governed by the laws in force in the State. Each Party irrevocably submits unconditionally to the non-exclusive jurisdiction of the Courts of Western Australia and of all Courts competent to hear appeals therefrom in relation to any legal action, suit or proceeding arising out of or with respect to the Agreement. ACCESS TO LAND If the Project is being undertaken on land (whether freehold or Crown land) that is not owned, leased or managed by the Recipient, the Recipient must obtain before it enters or occupies that land & keep in place whilst the Recipient is on or occupying that land the written consent of the person owning or leasing that land to such entry or occupation by the Recipient. A copy of this consent to be provided to the Department.
Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Award Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of the party, unless explicitly provided for herein. No single or partial exercise of any right, power or remedy under this Award Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder.
Powers and Remedies. Sale ---- Upon the occurrence of an Event of Default and at any time thereafter, at the option of the Agent, the Obligations shall become immediately due and payable without presentment or demand or any notice to the Pledgor or any other person obligated thereon and the Agent shall have and may exercise with reference to the Collateral and the Obligations any and all of the rights and remedies of the Agent under this agreement and such other rights and remedies as are provided by law or by equity or by statute, including, without limitation, the right and power to sell on any recognized exchange dealing in such securities or by public or private sale or sales, or otherwise dispose of or utilize, the Collateral and any part or parts thereof as fully and effectually as if the Agent were the absolute owner thereof, and to apply the proceeds thereof toward payment of any costs and expenses (including, without limitation, legal fees and disbursements) thereby incurred by the Agent and toward payment of the Obligations, in such order, manner and priority as the Agent in its uncontrolled discretion may see fit. To the extent permitted by law, the Pledgor expressly waives any notice of sale or other disposition of the Collateral and any other rights or remedies of the Pledgor or formalities prescribed by law or by equity or by statute relative to the sale or other disposition of the Collateral or exercise of any other right or remedy of the Agent; and to the extent any such notice is required and cannot be waived, the Pledgor agrees that if such notice is mailed, postage prepaid, to the Pledgor at the address shown above at least five days before the time of the sale or disposition, such notice shall be deemed reasonable and shall fully satisfy any requirement for giving of said notice. The Pledgor expressly acknowledges and agrees that at any sale or realization of the Securities under this section, the Agent may purchase the Securities or any part thereof, free from any right of redemption on the part of the Pledgor or anyone claiming through the Pledgor, which right is, to the extent permitted by law, hereby waived and released.