Death of a Party Clause Samples

Death of a Party. The submission to arbitration shall not be withdrawn or affected by the death of either of the parties pending a final award, but the personal representative of the deceased party shall be deemed to be a party to the reference or submission made by this Section 9, in spite of any rule of law to the contrary.

Death of a Party. In the event of the death of either party, the rights of the surviving party shall be determined in accordance with the laws of [State], without regard to this Agreement, unless otherwise provided herein.

Death of a Party. 17.1 If the Share ▇▇▇▇▇▇ dies during the period of the agreement, this agreement will terminate as from the date of death except that the Landowner shall be at liberty to employ another contractor to complete the obligations of the Share ▇▇▇▇▇▇ hereunder in respect of any crop that has been planted in which case the personal representatives of the Share ▇▇▇▇▇▇ shall be entitled to any monies due to the Share ▇▇▇▇▇▇ from the sale of that crop in accordance with this agreement less the cost of the services of the said contractor. 17.2 In the circumstances outlined in Clause 17.1 the Landowner shall have the right without further consent or agreement from the Personal Representatives of the Share ▇▇▇▇▇▇ to sell the entire crop when harvested at the best commercial terms reasonably available and shall account to the Personal Representatives of the Share ▇▇▇▇▇▇ for the Share ▇▇▇▇▇▇’▇ share of the proceeds of sale in accordance with this Agreement but subject to the provisions of clause 17.1 17.3 If the Landowner dies during the period of the agreement, the agreement shall terminate when the harvest of any crop that has been planted before that date is completed and the Personal Representatives of the Landowner shall be paid any monies due to the Landowner on foot of this Agreement but shall have no right to participate in the farming activities contemplated by this Agreement nor to interfere in any way with the Cropping Operations and Harvesting undertaken by the Share ▇▇▇▇▇▇ until the date the Agreement shall terminate. 17.4 In the circumstances outlined in Clause 17.3 the Share ▇▇▇▇▇▇ shall have the right without further consent or agreement from the Personal Representatives of the Landowner to sell the entire crop when harvested at the best commercial terms reasonably available and shall account to the Personal Representatives of the Landowner for the Landowner’s share of the proceeds of sale in accordance with the provisions of this Agreement but subject to the provisions of this Clause. 17.5 In the event of the death of either party all Livestock coming within the terms of this Agreement shall be divided between the surviving party and the personal representatives of the deceased party proportionately in value according to the undivided shares specified in TABLE E PART 2 hereof. If they cannot agree on the values of the animals to be divided or on a method for fixing those values within one month from the date of death of the deceased party all animals sub...

Death of a Party. 77.1 In the event that the Share Farmer dies during the period of This Agreement, the Agreement will terminate as from the date of the Share ▇▇▇▇▇▇'▇ death. 77.2 The personal representatives of the estate of the Share Farmer are entitled under ▇▇▇▇▇▇▇ 73.1 to 73.5 to all monies due to the Share Farmer at the time of the Share ▇▇▇▇▇▇’▇ death, including deferred or final payments, but subject to adjustment in respect of any other matters of income or outgoings (or both) arising under This Agreement. 77.3 Any assets owned by the Share Farmer, shall, in the event of his death, be removable by the personal representatives of his estate and the Landowner shall facilitate the removal of such as assets without undue delay. 77.4 In the event that Landowner dies during the course of This Agreement. This Agreement shall enure to bind his personal representatives, executors and assigns and the agreement will continue until the end of the current production season when it shall end. The end of the current production season shall be the fifteenth day of December unless otherwise agreed in writing. 77.5 The personal representatives of the estate of the Landowner shall be entitled to all monies due to the Landowner at the time of the Landowner’s death, including deferred payments and all payments due to the Landowners estate from the time of his death to the end of the current production season. These payments shall be subject to adjustment in respect of any other matters of income or outgoings (or both) arising under This Agreement.

Death of a Party. In any event, either ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . This paragraph is a series of ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ - ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .

Death of a Party. 16.1 If the Grower dies during the period of this agreement, the Personal Representatives, heirs, executors and administrators of the Grower shall use their best endeavours to honour all the terms of this agreement to grow the crops and deliver to the Purchaser. 16.2 If the Purchaser dies during the period of this agreement, unless otherwise agreed in writing, the Personal Representatives, heirs, executors and administrators of the Purchaser shall use their best endeavours to honour all the terms of this agreement to purchase and take delivery of the crop that is the subject of this agreement.

Death of a Party. 14.1 If the Contract Rearer dies during the period of this Agreement, this Agreement will terminate as from the date of the death. The Owner shall remove any Animals then present on the lands within 7 days and the Personal Representatives of the Contract Rearer shall be paid any monies due to the Contract Rearer on foot of this Agreement.19 14.2 If the Owner dies during the period of this Agreement, the Agreement will terminate on the termination date agreed in Clause 1 of the First Schedule in this Agreement and the Personal Representatives of the Owner shall pay any money due to the Contract Rearer on foot of this Agreement, and remove the weaned Calves on the termination date. If the Weaned Calves have not been removed within seven days of the termination date, the Contract Rearer may having given a further fourteen days’ notice in writing to the Personal Representative of the Owner (or to the known Next of Kin if the Personal Representative cannot be identified) sell the Calves at auction, and recover any expenses due but refund to the estate of the Owner any excess less such expenses and costs associated with the sale.20

Death of a Party. A lease terminable at the will of the landlord and tenant is terminated upon the death (or incapacity) of either party upon delivery of written notice to the other of such death (or incapacity). Although written notice is not required to terminate a tenancy at will or at sufferance upon the death of either party, if the landlord desires to terminate the lease upon the death of the tenant, the landlord must file and prosecute against the tenant an unlawful detainer action. In the absence of a provision to the contrary contained in the lease, a lease for a fixed term is not terminable or terminated upon the death of either party. The trustee in bankruptcy must, however, accept or reject a bankrupt’s leases within a certain period of time (which period varies according to the nature of the property and the bankruptcy filing). If the trustee fails to do so within the specified time-frame, the lease is deemed rejected. While the trustee decides whether to reject or confirm the lease, the landlord may petition the bankruptcy court for relief from the automatic stay (which requires a showing of either inadequate protection or both that the tenant lacks equity in the premises and the lease is not essential to the reorganization). During that time, the court may enforce specific lease provisions, including, without limitation, provisions regarding payment of rent and maintenance of the premises. A lease is generally breached if a trustee rejects it. After rejection, the landlord can proceed with unlawful detainer proceedings to recover possession. In addition, as soon as a plan of reorganization is filed and the automatic stay is removed, the landlord may employ remedies for defaults which occurred after the bankruptcy petition. leases that would not, under federal bankruptcy law, be binding on a bona fide purchaser; situations where rejection would provide substantial benefit to the bankrupt’s estate and other creditors. If the trustee elects to reject a lease, the tenant may treat the lease as terminated or may remain in possession of the premises as permitted under state law. Exercise of option to terminate. A lease may provide that it is terminable at the election of a particular party (or either party) upon: the occurrence or non-occurrence of a particular event (e.g., sale of the premises); the passage of time; or simply the party’s election, for no particular reason at all. Such options to terminate may be exercised only by the delivery of notice from the te...

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