Remedies for Termination Non-Exclusive Clause Samples

Remedies for Termination Non-Exclusive. The termination of this Agreement by the IESO, and, if applicable, the return of EE Capacity Payment in accordance with Section 5.8, shall not limit, waive or extinguish in any way the recourse of the IESO to any remedies available to it in relation to such termination at law, in equity or otherwise, nor shall such termination affect any rights that the Indemnified Party may have pursuant to any indemnity given under this Agreement.

Remedies for Termination Non-Exclusive. ‌ (a) The termination of this Agreement by either Party and the payment of all amounts then due and owing to the other Party as expressly provided in this Agreement shall not limit, waive or extinguish in any way the recourse of either Party to any other remedies available to it in relation to such termination at law, in equity or otherwise, nor shall such termination affect any rights that the Indemnitees may have pursuant to any indemnity given under this Agreement. (b) The definition of the "Market Termination Amount" referenced in Sections 16.2(d)(ii), 16.4(b)(ii), and 17.2(g)(iii), and the definitions required with respect thereto, are set forth in subsections (i) through (ix) below.

Remedies for Termination Non-Exclusive. ‌ The termination of this Agreement by either Party and the payment of all amounts then due and owing to the other Party as expressly provided in this Agreement shall not limit, waive or extinguish in any way the recourse of either Party to any remedies available to it in relation to such termination at law, in equity or otherwise, nor shall such termination affect any rights that the Indemnitees may have pursuant to any indemnity given under this Agreement. Notwithstanding the foregoing, if the Sponsor has exercised the option set out in Section 10.2(d), then the Sponsor’s remedies against the Participant in respect of the termination of this Agreement shall be limited to any unpaid portion of the Termination Amount set out in Section 10.2(d).

Remedies for Termination Non-Exclusive. The termination of this Agreement by either Party and the payment of all amounts then due and owing to the other Party as expressly provided in this Agreement shall not limit, waive or extinguish in any way the recourse of either Party to any remedies available to it in relation to such termination at law, in equity or otherwise, nor shall such termination affect any rights that the Indemnitees may have pursuant to any indemnity given under this Agreement. Notwithstanding the foregoing, if the Buyer has exercised the option set out in Section 10.2(e)(i), then the Buyer’s remedies against the Supplier in respect of the termination of this Agreement shall be limited to any unpaid portion of the Sum set out in Section 10.2(e)(i).

Remedies for Termination Non-Exclusive. The termination of this Agreement by either Party and the payment of all amounts then due and owing to the other Party as expressly provided in this Agreement shall not limit, waive or extinguish in any way the recourse of either Party to any remedies available to it in relation to such termination at law, in equity or otherwise, nor shall such termination affect any rights that the Indemnitees may have pursuant to any indemnity given under this Agreement. Notwithstanding the foregoing, if the [Sponsor] has exercised the option set out in Section 10.2(d), then the [Sponsor’s] remedies against the Participant in respect of the termination of this Agreement shall be limited to any unpaid portion of the SumTermination Amount set out in Section 10.2(d).

Remedies for Termination Non-Exclusive. The termination of this Agreement by either Party and the payment of all amounts then due and owing to the other Party as expressly provided in this Agreement shall not limit, waive or extinguish in any way the recourse of either Party to any remedies available to it in relation to such termination at law, in equity or otherwise, nor shall such termination affect any rights that the Indemnitees may have pursuant to any indemnity given under this Agreement. 11.1 Effect of Invoking Force Majeure (a) If, by reason of any act, event, cause or condition that constitutes Force Majeure hereunder:‌‌ (i) the Supplier is unable to make available all or any part of the Contract Capacity during the Term or is unable to deliver Electricity from the Facility during the Term; or‌ Draft (ii) either Party is unable, wholly or partially, to perform or comply with its other obligations (other than payment obligations) hereunder, includingor the Supplier beingis unable to achieve Commercial Operation by the Milestone Date for Commercial Operation or the Longstop Date;‌‌‌‌‌ then the Party so affected by Force Majeure shall be excused and relieved from performing or complying with such obligations (other than payment obligations) or meeting such timelines, as applicable, and shall not be liable for any liabilities, damages, losses, payments, costs, expenses (or Indemnifiable Losses, in the case of the Supplier affected by Force Majeure) to, or incurred by, the other Party in respect of or relating to such Force Majeure and such Party’s failure to so perform or comply during the continuance and to the extent of the inability so caused from and after the invocation of Force Majeure.‌‌‌ If an event of Force Majeure causes the Supplier to not achieve Commercial Operation by the Milestone Date for Commercial Operation, then the Milestone Date for Commercial Operation shall be extended for such reasonable period of delay directly resulting from such Force Majeure event. If an event of Force Majeure causes the Supplier to not achieve Commercial Operation by the Longstop Date and did not previously extend the Milestone Date for Commercial Operation as contemplated in the preceding sentence, then the Longstop Date shall be extended for such reasonable period of delay directly resulting from such Force Majeure event. AnFollowing the Commercial Operation Date, an event of Force Majeure shall not, in any circumstances, extend the Term. Additionally, notwithstanding the prior paragraph of this Section...