Remedies in the Event of Default Clause Samples

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Remedies in the Event of Default. Where the Breaching Party commits a material breach of this Agreement (or of the Construction Contract as set out under subsections 15(C) or (D)), and: (a) if except as set out herein such material breach continues beyond the allowable cure period after the receipt of written demand for cure of such breach by the Non-Breaching Party as set out in Section 15 hereof (or the allowable cure period under the Construction Contract); or (b) if such material breach cannot be cured within such period and the Breaching Party does not within such cure period start to cure the breach and thereafter proceed diligently with the cure thereof, then the Non-Breaching Party may terminate this Agreement and may recover its money damages caused by such material breach (including arbitration fees, court costs, litigation expenses, and reasonable attorney fees) on written notice and demand to the Breaching Party for payment. Such payment shall be without prejudice to any other right or remedy that the Non-Breaching Party may have against the Breaching Party under this Agreement, at law or in equity, including injunctive relief and rights of specific performance.
Remedies in the Event of Default. Upon the occurrence, and during the continuance of an Event of Default, the non-Defaulting Party may, by written notice to the Defaulting Party, terminate this Agreement.
Remedies in the Event of Default. If an Event of Default occurs, the Contractor shall be liable for all damages resulting from the default, including but not limited to: a) lost revenues; b) the difference between the cost associated with procuring Services hereunder and the amount actually expended by the County for re-procurement of Services, including procurement and administrative costs; and c) such other direct damages. The Contractor shall also remain liable for any liabilities and claims related to the Contractor’s default. The County may also bring any suit or proceeding for specific performance or for an injunction.
Remedies in the Event of Default. Where a party commits a material breach of this Use Agreement (“Breaching Party”), and: A. If except as set out herein such material breach continues beyond the allowable cure period after the receipt of written demand for cure of such breach by the party not in breach (“Non-Breaching Party”) as set out in Section 20(B) hereof; or B. If such material breach cannot be cured within such period and the Breaching Party does not within such cure period start to cure the breach and thereafter proceed diligently with the cure thereof, then the Non-Breaching Party may terminate this Use Agreement and may recover its money damages allowable hereunder and caused by such material breach (including arbitration fees, court costs, litigation expenses, and reasonable attorney fees) on written notice and demand to the Breaching Party for payment. Such payment shall be without prejudice to any other right or remedy that the Non-Breaching Party may have against the Breaching Party under this Use Agreement, at law or in equity, including injunctive relief and rights of specific performance.
Remedies in the Event of Default. In the event of a default by Lessee, during the term hereof, Lessor may, at Lessor’s option: A. Retain deposit as liquidated damages; B. Retain the full rental fee; C. Collect a late payment fee of 10% per week or any part thereof that rental is past-due plus interest at ten and one-quarter percent (10.25%) or the highest rate allowed by law whichever is less; D. Accelerate all rental fees causing all rental fees to become immediately due and payable; or E. Declare this Agreement thereupon terminated. No delay in or failure to exercise any of the options herein granted to Lessor by reason of a default shall be a waiver thereof, and the waiver on one occasion of a default shall not be deemed a waiver of Lessor’s right to exercise its remedies by reason of the same or a similar default at any later occasion. All rights and remedies under this Agreement are cumulative, and the exercise by Lessor of one remedy shall not preclude the exercise of any other remedy at law, equity, or under the terms of this Agreement.
Remedies in the Event of Default. In the case of an event of default, as set forth above, Pledgee shall have the right to accelerate payment of the Note upon notice to Pledgor, and shall thereafter be entitled to pursue any or all of its remedies under applicable law, including, without limitation, (a) offsetting from Pledgor's salary, bonuses, vacation pay or other amounts due to Pledgor from the Pledgee, any amount due and payable by Pledgor under the Note, and/or (b) proceeding against the Collateral in accordance with the California Commercial Code.
Remedies in the Event of Default. If an Event of Default occurs, whether or not the County elects to terminate this Agreement as a result thereof, the Contractor shall be liable for all damages resulting from the default, irrespective of whether the County elects to terminate the Agreement, including but not limited to: a) lost revenues; b) the difference between the cost associated with procuring Services hereunder and the amount actually expended by the County for re-procurement of Services, including procurement and administrative costs; and c) such other direct damages. The Contractor shall also remain liable for any liabilities and claims related to the Contractor’s default. The County may also bring any suit or proceeding for specific performance or for an injunction.
Remedies in the Event of Default. 18.1 If Tenant fails in the performance of any covenant or provision in this Lease (except payment of any installment of rent or other charge or money obligation hereunder required to be paid by Tenant), and if such failure shall continue for a period of thirty days after notice by Landlord, or in case of a failure which cannot with due diligence be cured within a period of thirty days, if Tenant fails to proceed with reasonable diligence to cure such failure promptly after the service of such notice and thereafter to prosecute the curing of such failure with all due diligence, Landlord may, but shall not be obligated to, cure or prosecute the curing of such failure at reasonable expense, which expense shall be additional rent hereunder and shall be paid to Landlord by Tenant on demand, and if necessary to cure such failure, Landlord shall be entitled to enter the Premises for such purpose. 18.2 Upon the occurrence of any of such defaults, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever: (i) Terminate this Lease, in which event Tenant shall immediately surrender to Landlord the Premises and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have, enter upon and take possession of the Premises and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof under Tenant. (ii) Not terminate this Lease and enter upon and take possession of the Premises and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof under Tenant, and, if Landlord so elects, make such alterations and repairs as may be necessary to relet the Premises, and relet the Premises or any part thereof, as the agent of Tenant, at the reasonable fair rental value and for such term and subject to such terms and conditions as Landlord reasonably may deem advisable and receive the rent therefor. Upon each such reletting all rentals received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any loss and expense of such reletting, including brokerage fees and attorneys’ fees and costs of such alterations and repairs; third, to the payment of the rentals and other charges due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future payment...
Remedies in the Event of Default. In the case of an event of default, as set forth above, the Company shall have the right to accelerate payment of the Note upon notice to Borrower, and shall thereafter be entitled to pursue any or all of its remedies under applicable law, including, without limitation, offsetting from Borrower's salary, bonuses, vacation pay or other cash payments due to Borrower from the Company, any amount due and payable by Borrower under the Note.
Remedies in the Event of Default. The following occurrences shall constitute events of default under this Contract: Homeowner fails to pay any progress payment as it becomes due; Contractor fails to timely satisfy or bond-off a mechanic’s lien; and A party fails to perform any other duty or obligation undertaken herein within ten (10) days after receipt of written notice thereof from the other party. In the event of a default by Homeowner, Contractor shall, in addition and without limitation to all of the rights and remedies at law or in equity available to Contractor, at the sole option of Contractor, be entitled to elect one or more of the following remedies. In the event the Start of Construction has not occurred: To retain progress payments for work completed, any Construction and/or Initial Deposit as liquidated damages, it being agreed to by the parties that the actual damages which would be suffered by Contractor would be difficult or impossible to ascertain as of the date of execution of this Contract, that the amount of the proposed liquidated damages are reasonable and not so disproportionate as to constitute a penalty, and that the same is the true intention of the parties to this Contract; or To apply progress payments for work completed, any Construction and/or the initial deposit on the account of Homeowner and proceed with an action at law or in equity for damages for breach of contract. In the event the Start of Construction has occurred: Contractor may at its option continue to work toward the completion of the work, and be entitled to receive progress payments when due from Homeowner without the actions of Contractor in continuing toward the completion of the work acting as a waiver of any rights or remedies which Contractor may have under this Contract or at law or in equity, and without such actions otherwise being deemed as an admission by Contractor of any liability or any continuing obligation to complete the work. To this end, Contractor may at Contractor’s sole option and discretion elect at any time thereafter to discontinue Contractor’s efforts to complete the work as described within this subparagraph (i) and avail itself of any other right or remedy to which Contractor may be entitled at law or in equity or under the terms of this Contract including but not limited to the rights of Contractor to cease any further efforts to complete the work as described under subparagraph (ii) below. Contractor may cease any further efforts to complete the work and remove all ...