Default Breach Remedies Clause Samples
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Default Breach Remedies. 41.1 A “Default” under this Lease is defined as:
41.1.1 ▇▇▇▇▇▇’s failure to pay any monetary Rent or any other monetary sum due to Lessor under this Lease.
41.1.2 ▇▇▇▇▇▇’s failure to abide by or perform any material term of this Lease.
41.1.3 ▇▇▇▇▇▇’s abandonment of the Premises.
41.1.4 ▇▇▇▇▇▇’s vacation of the Premises without providing a commercially reasonable level of security, or where the coverage of the property insurance described in Paragraph 35 and Exhibit is jeopardized as a result thereof, or without providing reasonable assurances to minimize potential vandalism.
41.1.5 Lessee’s failure to allow Lessor and/or its agents access to the Premises, after reasonable notice from Lessor.
41.1.6 ▇▇▇▇▇▇’s failure to comply with provisions of Paragraph 33, relating to emissions, storage, use and disposal of Hazardous Materials.
41.1.7 The commission of waste, an act or acts constituting public or private nuisance, and/or an illegal activity on the Premises by ▇▇▇▇▇▇ and/or its employees, agents, contractors or invitees, or the failure to fulfill any obligation under this Lease where the failure occurs in such a manner as to endanger lives or threaten the Premises.
41.1.8 Lessee’s failure to provide (i) reasonable written evidence of compliance with the insurance requirements of this Lease, (ii) written evidence of the rescission of an unauthorized assignment or subletting, (iii) an Estoppel Certificate or financial statements,
Default Breach Remedies. Notwithstanding anything to the contrary contained in Paragraph 13.1 or elsewhere in the Lease:
(a) The first sentence of Paragraph 13.1(a) shall read "The abandonment of the Premises".
(b) Lessee shall not be in Default under the Lease by reason of vacating the Premises unless Lessee is at the time of such vacation otherwise in monetary default under the Lease.
(c) Lessee shall not be in Default with respect to the failure by Lessee to make any payment of Base Rent or any other monetary payment required to be made by Lessee under the Lease, whether to Lessor or to a third party, unless Lessee shall fail to make payment within ten (10) days following written notice to Lessee. Payment by Lessee to Lessor shall cure any default under the terms of this paragraph.
(d) Lessee shall not be in Default by reason of the failure of Lessee to provide Lessor with reasonable evidence of insurance or any surety bond required under this Lease unless Lessee shall fail to cure such failure within twenty (20) days after receipt of written notice from Lessor.
(e) Lessee shall not be in Default under the Lease by reason of the failure of Lessee to perform any other non-monetary obligation under this Lease other than an obligation which endangers or threatens life or property, unless such failure continues for a period of twenty (20) days following written notice thereof by or on behalf of Lessor to Lessee.
(f) Lessee shall have twenty (20) days following written notice by or on behalf of Lessor to Lessee to cure a failure described in Subparagraph (viii) of Paragraph 13.1(c).
Default Breach Remedies. See Addendum 13.1
Default Breach Remedies. SEE ADDE▇▇▇▇ # ▇▇
13.1 DEFAULT; BREACH. Lessor and Lessee agree that if an attorney is consulted by Lessor in connection with a Lessee Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for legal services and costs in the preparation and service of a notice of Default, and that Lessor may include the cost of such services and costs in said notice as rent due and payable to cure said Default. A "DEFAULT" is defined as a failure by the Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. A "BREACH" is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor to pursue the remedies set forth in Paragraphs 13.2 and/or 13.3:
Default Breach Remedies. If Resident is in default of this provision and fails to cure as provided by the Lease or the law, Owner shall be entitled to recover possession of the Apartment without terminating Resident’s liability on the Lease, and may exercise any and all other rights and remedies contained in the Lease and under the Law. Alternatively, and specifically, under applicable factual circumstances, Owner may also terminate the Lease in accordance with Section 23 of the Lease. If Owner breaches this provision, Resident’s sole and exclusive remedy shall be to immediately vacate the Apartment and Resident’s obligations to continue to pay rent shall terminate on the date Resident delivers possession of the Apartment to Owner.
Default Breach Remedies. Notwithstanding anything to the contrary contained in Paragraph 13.1 or elsewhere in the Lease:
Default Breach Remedies. In the event either party is in material breach of any condition of this Lease, including the non- payment of rent, the other party shall provide written notice of such breach, which notice shall specify the nature of the breach and provide thirty (30) days after receipt of such notice in which to cure the breach. If the breaching party fails to cure the breach within said thirty (30)-day period of time, then the breaching party shall be considered in default of this Lease and the non- breaching party may, at its option, terminate this Lease or continue this Lease and seek legal or equitable remedies with respect to such breach. If the non-breaching party elects to terminate this Lease, it will provide sixty (60)-day written notice to the breaching party prior to the effective date of termination. Each party's right to terminate hereunder shall not preclude a party from seeking any other remedy at law or equity which such party, in its sole discretion, may choose to pursue in order to be made whole; provided, LESSOR agrees to use its reasonable efforts to mitigate ▇▇▇▇▇▇’s damages from and after any termination.
Default Breach Remedies. It shall be a default hereunder (“Default”) if either Party fails to perform any of its obligations hereunder or under the Lease, and such failure is not timely cured as described in Section 9.3 (below). The City Council authorizes its City Manager or the City Manager’s designee to exercise his or her administrative authority to act under this Section 9, without seeking additional approval from the City Council.
Default Breach Remedies. “Breach” is defined as a failure to comply with or perform any of the terms, covenants, and conditions herein. A “Default” is defined as the occurrence of one or more of the following:
Default Breach Remedies. Initials _________ _________