Remedies and Compensation Sample Clauses

Remedies and Compensation. 1.4.6.1. Upon Client’s confirmation, Host shall be responsible for the timely and intact removing and relocation of Hosted Servers that may become damaged or inefficient due to Host’s failure to meet the aforementioned condition requirements. 1.4.6.2. Host shall compensate Client at the real-time market price of the Hosted Servers in the event that they are damaged or destroyed due to such failures of this Section 1.4. 1.4.6.3. If Host fails to provide or maintain any of the operating conditions specified in this Section 1.4, including but not limited to temperature, humidity, power load, and network requirements, Client shall be entitled, at its sole discretion, to remove the affected Servers from the Hosting Facility. According portion of Deposit in connection with the removed Servers shall be returned by Host upon such removal. Furthermore, if the affected Servers constitute 10% or more of all Client Servers, Client shall have the right to terminate this Agreement immediately upon written notice to Host, without any further obligation or liability to Host. Any costs and losses associated with the withdraw, removal and termination, including but not limited to un-racking, relocating, transportation, reinstallation, and any associated downtime, shall be borne by Host due to its failure to meet the required conditions. 1.4.6.4. Client’s rights and remedies specified in this Section 1.4 is without prejudice to any remedies available to Client under the Service Level Agreement hereunder.
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Remedies and Compensation. 1.4.6.1. Upon Client’s confirmation, Host shall be responsible for the timely and intact removing and relocation of Hosted Servers that may become damaged or inefficient due to Host’s failure to meet the aforementioned condition requirements. 1.4.6.2. Host shall compensate Client at the real-time market price, after deduction of depreciation, of the Hosted Servers in the event that they are damaged beyond repair or destroyed due to such failures of this Section 1.4. 1.4.6.3. If Host fails to provide or maintain any of the operating conditions specified in this Section 1.4, including but not limited to temperature, humidity, power load, and network requirements, Client shall be entitled, at its sole discretion, to remove the affected Servers from the Hosting Facility. The corresponding portion of Deposit in connection with the removed Servers shall be returned by Host upon such removal. Furthermore, if the affected Servers constitute 10% or more of all Client Servers, Client shall have the right to terminate this Agreement immediately upon written notice to Host, without any further obligation or liability to Host other than previously incurred but unpaid Service fees. Any costs associated with the removal and termination, including but not limited to un-racking, relocating, transportation, reinstallation, and any associated downtime, shall be borne by Host due to its failure to meet the required conditions. 1.4.6.4. Client’s rights and remedies specified in this Section 1.4 is without prejudice to any remedies available to Client under the Service Level Agreement hereunder.
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Related to Remedies and Compensation

  • Contract Remedies and Early Termination 15 9.1 CONTRACT REMEDIES 15 9.2 TERMINATION FOR CONVENIENCE 16 9.3 TERMINATION FOR CAUSE 16 9.4 COSTS 16

  • Remedies and Injunctive Relief Executive acknowledges that a violation by Executive of any of the covenants contained in Sections 6, 7, 8, or 9 would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, Executive agrees that, notwithstanding any provision of this Agreement to the contrary, the Company shall be entitled (without the necessity of showing economic loss or other actual damage) to injunctive relief (including temporary restraining orders, preliminary injunctions, and permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the covenants set forth in Sections 6, 7, 8, or 9 in addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under this Agreement or otherwise, and all of the Company’s rights shall be unrestricted.

  • Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction Documents at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder’s right to pursue actual and consequential damages for any failure by the Company to comply with the terms of this Note. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder shall be entitled, in addition to all other available remedies, to an injunction restraining any such breach or any such threatened breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company’s compliance with the terms and conditions of this Note.

  • Remedies and Waiver All remedies of any party are cumulative. Failure of either the Ceding Company or the Reinsurer to exercise any right, privilege, power or remedy at law, equity or in existence by virtue of this Agreement or to otherwise insist upon strict compliance with any of the terms, provisions and conditions of this Agreement, or the obligations of the other party, will not constitute a waiver of such right, privilege, power, remedy, term, provision, condition, or obligation. Moreover, the failure of either party to enforce any part of this Agreement shall not be deemed to be an act of ratification or consent. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision of this Agreement.

  • REMEDIES, CHARACTERIZATION, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF The remedies provided in this Warrant shall be cumulative and in addition to all other remedies available under this Warrant and the other Transaction Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the right of the Holder to pursue actual damages for any failure by the Company to comply with the terms of this Warrant. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, exercises and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the holder of this Warrant shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company’s compliance with the terms and conditions of this Warrant (including, without limitation, compliance with Section 2 hereof). The issuance of shares and certificates for shares as contemplated hereby upon the exercise of this Warrant shall be made without charge to the Holder or such shares for any issuance tax or other costs in respect thereof, provided that the Company shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any certificate in a name other than the Holder or its agent on its behalf.