Grouped Into 224 Collections of Similar Clauses From Business Contracts
This page contains Remedies clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Remedies. If an Event of Default exists, then Foundation may (a) accelerate the payment of all amounts due with respect to the Obligations, (b) exercise any collection rights with respect to any of the Collateral, (c) take possession of, sell or dispose of, or otherwise deal with such Collateral as permitted by the UCC, or (d) exercise or enforce any right or remedy that may be available to the Foundation with respect to such Collateral upon default, whether existing this Agreement, at law or in equity.
Remedies. If an Event of Default exists, then Foundation Spring Forth may (a) accelerate the payment of all amounts due with respect to the Obligations, (b) exercise any collection rights with respect to any of the Collateral, (c) take possession of, sell or dispose of, or otherwise deal with such Collateral as permitted by the UCC, or (d) exercise or enforce any right or remedy that may be available to the Foundation Spring Forth with respect to such Collateral upon default, whether existing this Agreeme...nt, at law or in equity. View More
Remedies. (a) Seller's Breach. If Seller (1) fails to sell the Property to Buyer in accordance with this Agreement for any reason other than Buyer's material default, failure of a condition to Seller's obligation to close, or Seller's or Buyer's permitted termination of this Agreement as expressly provided in this Agreement, or (2) breaches this Agreement, including, without limitation, a breach of any representation or warranty of Seller set forth herein, then Buyer may, at Buyer's sole option, either: (...i) by written notice to Seller and Escrow Agent, cancel this Agreement whereupon the Earnest Money Deposit shall be paid immediately by Escrow Agent to Buyer, Seller shall promptly reimburse to Buyer its reasonable and actually incurred out-of-pocket and third-party property diligence expenses not to exceed Fifty Thousand Dollars ($50,000.00) and, except as otherwise provided in this Agreement, neither of the Parties shall have any further liability or obligation hereunder; (ii) extend the date scheduled for COE for such reasonable period of time as may be required to permit Seller to cure or remedy such breach (provided such period of time shall not exceed thirty (30) days unless such greater period of time is agreed to in writing by Seller); or (iii) to enforce specific performance of Seller's obligation to execute and deliver the documents required to convey the Property to Buyer in accordance with this Agreement (provided that any action, suit or proceeding brought by Buyer against Seller for specific performance must be commenced and served, if at all, in accordance with Section 22 hereof on or before the date which is six (6) months after the scheduled date of COE otherwise in effect hereunder and, if not commenced and served on or before such date, such action, suit or proceeding thereafter shall be void and of no force or effect). Notwithstanding the foregoing, if specific performance is unavailable as a remedy to Buyer because of Seller's affirmative act or intentional omission, Buyer shall be entitled to pursue all rights and remedies available at law or in equity. Seller hereby acknowledges and agrees that, except as otherwise expressly set forth in this Agreement, the provisions of this Section 20(a) shall not limit any rights or remedies Buyer may have against Seller after COE for any misrepresentation, breach of warranty or default by Seller in any of its obligations under this Agreement, the Transfer Documents or any other documents to be entered into pursuant to this Agreement. Buyer further agrees, as part of the consideration for Seller entering into this Agreement, that Buyer will not, except in connection with an action under clause (iii) above, place or attempt to place a lis pendens on the Land or Improvements or any part thereof; any violation of this covenant shall constitute a Buyer default hereunder, and Seller may cause any such lis pendens to be cancelled of record as a matter of right in addition to its other rights and remedies. (b) Buyer's Breach. If Buyer fails to purchase the Property in accordance with this Agreement for any reason other than Seller's material default, failure of a condition to Buyer's obligation to close, or Seller's or Buyer's exercise of an express right of termination granted in this Agreement, then Buyer shall be deemed to be in default hereunder and, as its sole remedy Seller shall be entitled to retain the Earnest Money Deposit in accordance with subsection 5(b) as Seller's agreed and total liquidated damages. The foregoing liquidated damages provision will not apply to or limit Buyer's liability for Buyer's obligations under Sections 7(b), 13.1, 16(b), and 23(b) of this Agreement or any of Buyer's obligations under any of the Transfer Documents. Buyer waives and releases any right to (and hereby covenants that it will not) sue Seller or seek or claim a refund of the Earnest Money Deposit on the grounds it is unreasonable in amount and exceeds Seller's actual damages or that retention by Seller of the Earnest Money Deposit constitutes a penalty and not agreed upon and reasonable liquidated damages. Seller hereby waives any right to seek any equitable or legal remedies against Buyer except as otherwise expressly provided in this Agreement.View More
Remedies. (a) Seller's Breach. If Seller (1) fails to sell the Property to Buyer in accordance with this Agreement for any reason other than Buyer's material default, failure of a condition to Seller's obligation to close, or Seller's or Buyer's permitted termination of this Agreement as expressly provided in this Agreement, or (2) breaches this Agreement, including, without limitation, a breach of any representation or warranty of Seller set forth herein, then herein and/or the failure of Seller to satis...fy any conditions precedent to COE specified in Section 12 above that are within Seller's control, Buyer may, at Buyer's sole option, either: (i) by written notice to Seller and Escrow Agent, cancel this Agreement whereupon the Earnest Money Deposit shall be paid immediately by Escrow Agent to Buyer, Seller shall promptly reimburse to Buyer its reasonable and actually incurred reasonable, documented out-of-pocket and third-party property diligence expenses not (not to exceed Fifty Thousand Dollars ($50,000.00) $75,000) and, except as otherwise provided in this Agreement, neither of the Parties shall have any further liability or obligation hereunder; or (ii) extend the date scheduled for COE for such reasonable period of time as may be required to permit Seller to cure or remedy such breach (provided such period of time shall not exceed thirty (30) days unless such greater period of time is agreed to in writing by Seller); or (iii) to enforce seek specific performance of Seller's obligation to execute and deliver the documents required to convey the Property to Buyer in accordance with this Agreement (provided that any action, suit or proceeding brought by Buyer against Seller for specific performance must be commenced and served, if at all, in accordance with Section 22 hereof on or before the date which is six (6) months after the scheduled date of event COE otherwise in effect hereunder and, if not commenced and served on or before such date, such action, suit or proceeding thereafter shall be void and of no force or effect). automatically extended as necessary. Notwithstanding the foregoing, if specific performance is unavailable as a remedy to Buyer because of Seller's affirmative act or intentional omission, Buyer shall be entitled to pursue all rights and remedies available at law or in equity. Seller hereby acknowledges and agrees that, except as otherwise expressly set forth in this Agreement, that the provisions of this Section 20(a) shall not limit any rights or remedies Buyer may have against Seller after COE for any misrepresentation, breach of warranty or default by Seller in any of its obligations under this Agreement, the Transfer Documents or any other documents to be entered into pursuant to this Agreement. Buyer further agrees, as part Agreement, which survive Closing (provided that, with respect to any breach of Section 13 above by Seller, such claims are made within the consideration for Seller entering into this Agreement, that Buyer will not, except in connection with an action under clause (iii) above, place or attempt to place a lis pendens on the Land or Improvements or any part thereof; any violation of this covenant shall constitute a Buyer default hereunder, and Seller may cause any such lis pendens to be cancelled of record as a matter of right in addition to its other rights and remedies. Survival Period). (b) Buyer's Breach. If Buyer fails to purchase the Property in accordance with this Agreement for any reason other than Seller's material default, failure of a condition to Buyer's obligation to close, or Seller's or Buyer's exercise of an express right of termination granted in breaches this Agreement, then including, without limitation, a breach of any representation or warranty of Buyer shall be deemed to be in default hereunder and, set forth herein, Seller, as its sole remedy Seller shall be entitled to retain the Earnest Money Deposit in accordance with subsection 5(b) as Seller's agreed and total liquidated damages. The foregoing liquidated damages provision will not apply to or limit Buyer's liability for Buyer's obligations under Sections 7(b), 13.1, 16(b), and 23(b) of this Agreement or any of Buyer's obligations under any of the Transfer Documents. Buyer waives and releases any right to (and hereby covenants that it will not) sue Seller or seek or claim a refund of the Earnest Money Deposit on the grounds it is unreasonable in amount and exceeds Seller's actual damages or that retention by Seller of the Earnest Money Deposit constitutes a penalty and not agreed upon and reasonable liquidated damages. Seller hereby waives any right to seek any equitable or legal remedies against Buyer except as otherwise expressly provided Buyer; provided, that the foregoing, shall not limit or prescribe Seller's right to seek damages and other relief in connection with Buyer's indemnity obligations to Seller, including, without limitation, those indemnity obligations that survive termination of and/or closing under this Agreement. Agreement (provided that, with respect to any breach of Section 14 above by Buyer, such claims are made within the Survival Period). View More
Remedies. Notwithstanding anything to the contrary contained in this Agreement, Executive specifically acknowledges and agrees that any breach or threatened breach of the restrictions contained in Section 8 of this Agreement is likely to result in irreparable injury to the Company and/or its Affiliates and that the remedy at law will be an inadequate remedy for such breach, and that in addition to any other remedy it may have in the event of a breach or threatened breach of Section 8 above, the Company an...d its Affiliates shall be entitled to enforce the specific performance of this Agreement by Executive and to seek both temporary and permanent injunctive relief (to the maximum extent permitted by law) without bond, without notice (to the maximum extent permitted by law), and without liability should such relief be denied, modified or violated (to the maximum extent permitted by law). Furthermore, in the event of any breach of the provisions of Section 8.1 or 8.2 above or a material and willful breach of any other provision in Section 8 above (the "Forfeiture Criteria"), the Company shall be entitled to cease making any severance payments being made hereunder, pending a final determination of damages that have ensured from such alleged breach. Executive acknowledges and agrees that this Section 9 is a material inducement to the Company entering into this Agreement.View More
Remedies. Notwithstanding anything to the contrary contained in this Agreement, Executive specifically acknowledges and agrees that any breach or threatened breach of the restrictions contained in Section 8 of this Agreement is likely to result in irreparable injury to the Company and/or its Affiliates and that the remedy at law will be an inadequate remedy for such breach, and that in addition to any other remedy it may have in the event of a breach or threatened breach of Section 8 above, the Company an...d its Affiliates shall be entitled to enforce the specific performance of this Agreement by Executive and to seek both temporary and permanent injunctive relief (to the maximum extent permitted by law) without bond, without notice (to the maximum extent permitted by law), and without liability should such relief be denied, modified or violated (to the maximum extent permitted by law). Furthermore, in the event of any breach of the provisions of Section 8.1 or 8.2 above or a material and willful breach of any other provision in Section 8 above (the "Forfeiture Criteria"), the Company shall be entitled to cease making any severance payments being made hereunder, pending a final determination of damages that have ensured from such alleged breach. Executive acknowledges and agrees that this Section 9 is a material inducement to the Company entering into this Agreement. 12 10. Severable Provisions. Executive acknowledges and agrees that the restrictions contained in Section 8 are narrowly tailored and are reasonable and necessary for the purposes of preserving and protecting the Confidential Information, goodwill, and other legitimate business interests of the Company. The provisions of this Agreement are severable and the invalidity of any one or more provisions shall not affect the validity of any other provision. In the event that a court of competent jurisdiction shall determine that any provision of this Agreement or the application thereof is unenforceable in whole or in part because of the duration or scope thereof, the parties hereto agree that said court in making such determination shall have the power to reduce the duration and scope of such provision to the extent necessary to make it enforceable, and that the Agreement in its reduced form shall be valid and enforceable to the full extent permitted by law. View More
Remedies. Officer acknowledges and agrees that in the course of Officer's employment with Employer, Officer will be provided with access to Confidential Information, and will be provided with the opportunity to develop relationships with clients, prospective clients, employees and other agents of Employer, and Officer further acknowledges that such confidential information and relationships are extremely valuable assets of Employer in which Employer has invested and will continue to invest substantial tim...e, effort and expense. Accordingly, Officer acknowledges and agrees that Employer's remedies at law for a breach or threatened breach of any of the provisions of Section 7, 8 or 9 would be inadequate and, in recognition of this fact, Officer agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law, Employer, without posting any bond, shall be entitled to cease making any payments or providing any benefit otherwise required to be paid or provided by Employer (other than any vested benefits under any retirement plan or as may otherwise be required by applicable law to be provided) and seek equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available; provided, however, that if it is subsequently determined in a final and binding arbitration or litigation that Officer did not breach any such provision, Employer will promptly pay any payments or provide any benefits, which Employer may have ceased to pay when originally due and payable, plus an additional amount equal to interest (calculated based on the applicable federal rate for the month in which such final determination is made) accrued on the applicable payment or the amount of the benefit, as applicable, beginning from the date such payment or benefit was originally due and payable through the day preceding the date on which such payment or benefit is ultimately paid hereunder.View More
Remedies. Officer acknowledges and agrees that in the course of Officer's employment with Employer, Officer will be provided with access to Confidential Information, and will be provided with the opportunity to develop relationships with clients, prospective clients, employees and other agents of Employer, and Officer further acknowledges that such confidential information and relationships are extremely valuable assets of Employer in which Employer has invested and will continue to invest substantial tim...e, effort and expense. Accordingly, Officer acknowledges and agrees that Employer's remedies at law for a breach or threatened breach of any of the provisions of Section 7, 8 or 9 would be inadequate and, in recognition of this fact, Officer agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law, Employer, without posting any bond, shall be entitled to cease making any payments or providing any benefit otherwise required to be paid or provided by Employer (other than any vested benefits under any retirement plan or as may otherwise be required by applicable law to be provided) and seek equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available; provided, however, that if it is subsequently determined in a final and binding arbitration or litigation that Officer did not breach any such provision, Employer will promptly pay any payments or provide any benefits, which Employer may have ceased to pay when originally due and payable, plus an additional amount equal to interest (calculated based on the applicable federal rate for the month in which such final determination is made) accrued on the applicable payment or the amount of the benefit, as applicable, beginning from the date such payment or benefit was originally due and payable through the day preceding the date on which such payment or benefit is ultimately paid hereunder. 15 13. Arbitration. Except for an action for injunctive relief as described in Section 12, any disputes or controversies arising under this Agreement will be settled by arbitration in Boston, Massachusetts in accordance with the rules of the American Arbitration Association relating to the arbitration of employment disputes. The determination and finding of such arbitrators will be final and binding on all parties and may be enforced, if necessary, in any court of competent jurisdiction. View More
Remedies. Upon the occurrence and during the continuance of an Event of Default, the Lender shall have, in addition to all other rights and remedies given it by this Agreement, the Loan Agreement (including, without 7 limitation, those set forth in Section 11.2 thereof), and any other related financing documents, those allowed by law and the rights and remedies of a secured party under the Uniform Commercial Code as enacted in any applicable jurisdiction, and, without limiting the generality of the forego...ing, the Lender may immediately, without demand of performance and without other notice or demand (except as set forth below) whatsoever to any Assignor, all of which are hereby expressly waived, sell or, to the extent permitted by Applicable Law, license at public or private sale or otherwise realize upon the whole or from time to time any part of the Pledged Trademarks, or any interest that any Assignor may have therein, and after deducting from the proceeds of sale or other disposition of the Pledged Trademarks all expenses incurred by the Lender in attempting to enforce this Agreement (including all expenses for broker's fees and legal services), shall apply the residue of such proceeds toward the payment of the Obligations as set forth in or by reference in the Loan Agreement. Notice of any sale, license or other disposition of the Pledged Trademarks shall be given to the Assignors at least ten (10) Business Days before the time that any intended public sale or other public disposition of the Pledged Trademarks is to be made or after which any private sale or other private disposition of the Pledged Trademarks may be made, which the Assignors hereby agree shall be reasonable notice of such public or private sale or other disposition. At any such sale or other disposition, the Lender may, to the extent permitted under applicable law, purchase or license the whole or any part of the Pledged Trademarks or interests therein sold, licensed or otherwise disposed.View More
Remedies. Upon the occurrence and during the continuance of an Event of Default, the Lender shall have, in addition to all other rights and remedies given it by this Agreement, the Loan Agreement (including, without 7 limitation, those set forth in Section 11.2 thereof), thererof), and any other related financing documents, those allowed by law and the rights and remedies of a secured party under the Uniform Commercial Code as enacted in any applicable jurisdiction, and, without limiting the generality of... the foregoing, the Lender may immediately, without demand of performance and without other notice or demand (except as set forth below) whatsoever to any Assignor, all of which are hereby expressly waived, sell or, to the extent permitted by Applicable Law, license at public or private sale or otherwise realize upon the whole or from time to time any part of the Pledged Trademarks, Patent Collateral, or any interest that any Assignor may have therein, and after deducting from the proceeds 7 of sale or other disposition of the Pledged Trademarks Patent Collateral all expenses incurred by the Lender in attempting to enforce this Agreement (including all expenses for broker's fees and legal services), shall apply the residue of such proceeds toward the payment of the Obligations as set forth in or by reference in the Loan Agreement. Notice of any sale, license or other disposition of the Pledged Trademarks Patent Collateral shall be given to the Assignors at least ten (10) Business Days before the time that any intended public sale or other public disposition of the Pledged Trademarks Patent Collateral is to be made or after which any private sale or other private disposition of the Pledged Trademarks Patents may be made, which the Assignors hereby agree shall be reasonable notice of such public or private sale or other disposition. At any such sale or other disposition, the Lender may, to the extent permitted under applicable law, purchase or license the whole or any part of the Pledged Trademarks Patent Collateral or interests therein sold, licensed or otherwise disposed. View More
Remedies. I understand that if I violate this Agreement, the harm to the Company could be irreparable. I agree that, in addition to any other remedies provided by law, the Company will be entitled to obtain injunctive relief against any such violation without having to post a bond.
Remedies. I understand that if I violate this Agreement, the harm to the Company could be irreparable. I agree that, in addition to any other remedies provided by law, the Company will be entitled to obtain injunctive relief, specific performance or other equitable relief against any such violation without having to post a bond.
Remedies. A holder of this Note may enforce this Note only in the manner set forth below: (a) In the event that any state or federal agency shall obtain an order or grant approval for the rehabilitation, liquidation, conservation or dissolution of the Issuer (other than an Excluded Order), this Note will upon the obtaining of such an order or the granting of such approval immediately mature in full without any action on the part of the holder of this Note, with payment thereon being subject to the Payment... Restrictions, and any restrictions imposed as a consequence of, or pursuant to, such proceedings. Notwithstanding any other provision of this Note, in no event shall any holder of this Note be entitled to declare this Note to immediately mature or otherwise be immediately payable. (b) In the event that the Commissioner approves a payment of any interest on or principal of, or any redemption payment with respect to, this Note, in whole or in part, and the Issuer fails to pay the full amount of such approved payment on the date such amount is scheduled to be paid, such approved amount will be immediately payable on such date without any action on the part of any holder of this Note. In the event that the Issuer fails to perform any of its other obligations hereunder, the holder of this Note may pursue any available remedy to enforce the performance of any provision of this Note; provided, however, that such remedy shall in no event include the right to declare this Note immediately payable, and shall in no circumstances be inconsistent with the provisions of applicable law or the Payment Restrictions. A delay or omission by any holder of this Note in exercising any right or remedy accruing as a result of the Issuer's failure to perform its obligations hereunder and the continuation thereof shall not impair such right or remedy or constitute a waiver of or acquiescence in such non-performance by the Issuer. To the extent permitted by law, no remedy is exclusive of any other remedy and all remedies are cumulative. (c) Notwithstanding any other provision of this Note, the right of any holder of this Note to receive payment of the principal of and interest on this Note on or after the respective scheduled payment or scheduled maturity dates, or to bring suit for the enforcement of any such payment on or after such respective scheduled payment or scheduled maturity dates, in each case subject to the Payment Restrictions, including the approval of the Commissioner, is absolute and unconditional and shall not be impaired or affected without the consent of the holder.View More
Remedies. A holder Holders of this Note Notes may enforce this Note Agreement or the Notes only in the manner set forth below: below. (a) Acceleration of Maturity. In the event that any state or federal agency shall obtain an order or grant approval (excluding any Excluded Order) for the rehabilitation, liquidation, conservation conservation, dissolution, receivership or dissolution any similar action of the Issuer (other than an Excluded Order), this Note or the General Account (including, without limita...tion, under Chapter 645 of the Wisconsin Statutes), the Notes will upon the obtaining of such an order or the granting of such approval immediately mature in full without any action on the part of the Fiscal Agent or any holder of this Note, the Notes, with payment thereon being subject to the Payment Restrictions, and any restrictions imposed as a consequence of, or pursuant to, such proceedings. Notwithstanding any other provision of this Note, Agreement or the Notes, in no event shall the Fiscal Agent or any holder of this Note the Notes be entitled to declare this Note the Notes to immediately mature or otherwise be immediately payable. payable, except that payments approved by the Commissioner but unpaid may become immediately payable in accordance with clause (b) below. (b) Failure to Pay or Perform Other Obligations. In the event that the Commissioner approves in whole or in part a payment of any interest on or principal of, or any redemption payment with respect to, this Note, in whole or in part, any Notes and the Issuer fails to pay the full amount of such approved payment on the date such amount is scheduled to be paid, such approved amount will be immediately payable on such date without any action on the part of the Fiscal Agent or any holder of this Note. Notes. In the event that the Issuer fails to perform any of its other obligations hereunder, hereunder or under the Notes (or otherwise abide by any of the other terms hereof or of the Notes), each holder of this Note the Notes may pursue any available remedy to enforce the performance of any provision of such Notes or this Note; Agreement; provided, however, that such remedy shall in no event include the right to declare this Note the Notes immediately payable, except for payments approved by the Commissioner, and shall in no circumstances be inconsistent with the provisions of applicable law or the Payment Restrictions. law. A delay or omission by any Note holder of this Note in exercising any right or remedy accruing as a result of the Issuer's failure to perform its obligations hereunder or under the Notes 23 (or otherwise abide by any of the other terms hereof or of the Notes) and the continuation thereof shall not impair such right or remedy or constitute a waiver of or acquiescence in such non-performance by the Issuer. To the extent permitted by law, no remedy is exclusive of any other remedy and all remedies are cumulative. (c) Rights of Holders. Notwithstanding any other provision of this Note, Agreement or the Notes, the right of any holder of this Note Notes to receive payment of the principal of and interest on this Note such holder's Notes on or after the respective scheduled payment or scheduled maturity dates, dates expressed in such Notes, or to bring suit for the enforcement of any such payment on or after such respective scheduled payment or scheduled maturity dates, in each case subject to the Payment Restrictions, including such payment on such dates having received the approval of the Commissioner, Commissioner pursuant to the Payment Restrictions, is absolute and unconditional and shall not be impaired or affected without the consent of the such holder. View More
Remedies. Executive acknowledges and agrees that the remedy at law of the Employer for a breach or threatened breach of any of the provisions of Section 7, 8 or 9 would be inadequate and, in recognition of this fact, in the event of a breach or threatened breach by Executive of any of the provisions of Section 7, 8 or 9, it is agreed that the Employer shall be entitled to, without posting any bond, and the Executive agrees not to oppose any request of the Employer for, equitable relief in the form of spec...ific performance, a temporary restraining order, a temporary or permanent injunction, or any other equitable remedy which may then be available. Nothing contained in this section shall be construed as prohibiting the Employer from pursuing any other remedies available to them, at law or in equity, for such breach or threatened breach.View More
Remedies. Executive Employee acknowledges and agrees that the remedy at law of the Employer for a breach or threatened breach of any of the provisions of Section 7, 8 4 or 9 5 would be inadequate and, in recognition of this fact, in the event of a breach or threatened breach by Executive Employee of any of the provisions of Section 7, 8 4 or 9, 5, it is agreed that the Employer shall be entitled to, without posting any bond, and the Executive Employee agrees not to oppose any request of the Employer for, ...equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction, or any other equitable remedy which may then be available. Nothing contained in this section shall be construed as prohibiting the Employer from pursuing any other remedies available to them, at law or in equity, for such breach or threatened breach. View More
Remedies. In addition to the other remedies provided herein or by applicable law, any breach by Gibson of any of the terms and/or conditions contained in this Agreement shall give the Company the right to discontinue the performance of any unperformed duties and obligations under this Agreement to the extent permitted by applicable law. In the event Gibson breaches any term or condition of this Agreement, any delay by DRI to enforce this Agreement (or any term or condition hereof) shall not be deemed a wa...iver, acceptance, or acquiescence. Without limitation of any other provision of this Agreement, including, without limitation, Section 14 hereof, no waiver shall bind DRI unless supported by consideration, executed in writing, and delivered to Gibson by an authorized officer of DRI.View More
Remedies. In addition to the other remedies provided herein or by applicable law, any breach by Gibson Kerr of any of the terms and/or conditions contained in this Agreement shall give the Company the right to discontinue the performance of any unperformed duties and obligations under this Agreement to the extent permitted by applicable law. In the event Gibson Kerr breaches any term or condition of this Agreement, any delay by DRI to enforce this Agreement (or any term or condition hereof) shall not be d...eemed a waiver, acceptance, or acquiescence. Without limitation of any other provision of this Agreement, including, without limitation, Section 14 12 hereof, no waiver shall bind DRI unless supported by consideration, executed in writing, and delivered to Gibson Kerr by an authorized officer of DRI. View More
Remedies. The Lender may avail itself of any rights or remedies available to the Lender hereunder or under the Security, Security Agreement, however created.
