Default Generally Clause Samples
The "Default Generally" clause defines what constitutes a default under the agreement and outlines the consequences that follow if a party fails to meet its obligations. Typically, this clause specifies the types of breaches or failures—such as missed payments or unfulfilled duties—that trigger a default, and may describe the process for notifying the defaulting party and any applicable cure periods. Its core function is to provide a clear framework for identifying and addressing breaches, thereby ensuring both parties understand the risks and remedies associated with non-performance.
Default Generally. Tenant shall be in default of this Lease upon the occurrence of any of the following:
1. Tenant fails to cure any violation of Rules and Regulations set forth herein, or otherwise fails to abide by and perform any of the obligations, terms, conditions or provisions of this Lease within three days after Landlord delivers notice of the same to Tenant.
2. Tenant violates the Rules and Regulations set forth herein three times during the term of the Lease regardless of whether such violation is cured.
3. Tenant files a petition in bankruptcy (in which case this Lease shall automatically terminate and Tenant shall immediately vacate the Premises leaving it in the same condition it was in on the date of possession, normal wear and tear excepted.)
4. Tenant fails to timely pay rent or other amounts owed to Landlord. Tenant fails to reimburse Landlord for any damages, repairs and costs to the Premises or Property (other than normal wear a tear) caused by the actions or neglect of Tenant, members of Tenant’s household or the guests or invitees of Tenant. All rights and remedies available to Landlord by Law or in this Lease shall be cumulative and concurrent.
Default Generally. Tenant shall be in default of this Lease upon the occurrence of any of the following:
(1) Tenant fails to abide by any of the terms and conditions of this Lease.
(2) Tenant files a petition in bankruptcy (in which case this Lease shall automatically terminate and Tenant shall immediately vacate the Premises leaving it in the same condition it was in on the date of possession, normal wear and tear excepted).
(3) Tenant fails to timely pay rent or other amounts owed to Landlord under this Lease.
(4) Tenant fails to reimburse Landlord for any damages, repairs and costs to the Premises or Property (other than normal wear and tear) caused by the actions, neglect or intentional wrongdoing of Tenant or members of Tenant’s household and their invitees, licensees and guests.
(5) Prior to the end of the Lease, Tenant either moves out of the Premises or shuts off any of the utilities serving the Premises without the consent of Landlord.
Default Generally. Tenant shall be in default of this Lease upon the occurrence of any of the following:
1. Tenant violates any of the Rules and Regulations or Tenant’s responsibilities set forth herein or otherwise fails to abide by the terms and conditions of this Lease. Prior to terminating the Lease for any of the above-referenced reasons Landlord shall give Tenant notice of the default and a three (3) day opportunity to cure the same except in situations where the default is incapable of being cured within that time frame or the nature of Tenant’s default, if not cured, poses a risk of damage or injury to Landlord, Landlord’s property or other persons or property as determined in the sole discretion of Landlord.
2. Tenant violates any of the Rules and Regulations or Tenant‘s responsibilities set forth herein or other terms and conditions of the Lease of total of three (3) or more times during the term of the Lease regardless of whether such violations are cured.
3. Tenant files a petition in bankruptcy (in which case this Lease shall automatically terminate and Tenant shall immediately vacate the Premises leaving it in the same condition it was in on the date of possession, normal wear and tear excepted).
4. Tenant fails to timely pay rent or other amounts owed to Landlord under this Lease.
5. Tenant fails to reimburse Landlord for any damages, repairs and costs to the Premises or Property (other than normal wear and tear) caused by the actions or neglect of Tenant or members of Tenant’s household and their invitees, licensees and guests.
Default Generally. A party shall be in default under this Agreement upon the occurrence of any one or more of the following events or conditions:
1) such party (i) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization, debt restructuring, liquidation or similar law, or has any such petition filed or commenced against it, (ii) makes an assignment or any general arrangement for the benefit of creditors, (iii) otherwise becomes bankrupt or insolvent (however evidenced), (iv) has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets, or (v) is generally unable to pay its debts as they fall due; or
2) such party fails to perform any material obligation required of it under this Agreement and such nonperformance is not remedied within ninety (90) days after notice thereof (or if such party has promptly commenced to remedy such nonperformance within such ninety (90) day period and is proceeding diligently to remedy such nonperformance but such nonperformance cannot be cured within such ninety (90) day period, then within such longer period of time as may reasonably be necessary to remedy such nonperformance), except for any failure of such party to pay when due any amount owing pursuant to this Agreement, for which no cure period shall be available. In addition to all remedies available at law or in equity (subject, however to the limitations set forth in paragraph 12 of Attachment 5), the non-defaulting party hereunder may terminate this Agreement (and all Services extending beyond the termination date of this Agreement) upon the occurrence of a default by the other party. Upon any such termination by Supplier, Customer shall be liable to Supplier for the amounts determined pursuant to Section 3.D for each Service then in effect as if such Service was terminated by Customer prior to the end of the term established for such Service.
Default Generally. Material default by Seller in any material obligation hereunder owed by Seller to Buyer. Notwithstanding the above, Buyer may terminate pursuant to Subsections (a), (b), (c) or (d) above only if Seller has failed to cure such default within sixty (60) days after written notice thereof has been received by Seller.
Default Generally. Tenant shall be in default of this Lease upon the occurrence of any of the following: (i) Tenant fails to abide by any term of this Lease, (ii) Tenant files a petition in bankruptcy, (iii) Tenant fails to timely pay Rent, Additional Rent, or other amounts owed to Landlord under this Lease, (iv) Tenant fails to reimburse Landlord for any damages, repairs or costs to the Premises (other than normal wear and tear) caused by the actions, neglect or intentional wrongdoing of Tenant or members of Tenant’s household and their invitees, licensees, and guests, (v) Tenant abandons the Premises prior to the end of the Lease, (vi) Tenant shuts off any of the utilities serving the Premises without the consent of Landlord, and/or (vii) Tenant fails to maintain Minimum Required Insurance or pay the Purchase Cost, as defined herein (each an “Event of Default”).
Default Generally. Default by Seller in any obligation owed by Seller to Buyer. Buyer's decision on termination shall be final. Seller has (30) days from postmarked date of written notice to rectify defaults. Buyer will be reasonably in making the final decision.
Default Generally. Failure by either VDOT or the Participant to fulfill their respective responsibilities set forth herein shall give rise to an event of default under the terms of this Agreement. Following upon appropriate notice of default, and failure to cure within the agreed upon period, the Agreement may be terminated in accordance with Section 12.2 or Section 12.3.
Default Generally. Tenant shall be deemed in default under the terms of this Lease if any of the following events occur:
▇. ▇▇▇▇▇▇ shall have failed to pay an installment of Base Rent or Additional Rent or any other amount payable hereunder when due, and such failure shall be continuing for a period of more than five
Default Generally. Tenant shall be in default of this Lease upon the occurrence of any of the following:
(1) Tenant fails to abide by any of the terms and conditions of this Lease.
(2) Tenant files a petition in bankruptcy (in which case this Lease shall automatically terminate and Tenant shall immediately vacate the Premises leaving it in the same condition it was in on the date of possession, normal wear and tear excepted).
(3) Tenant fails to timely pay rent or other amounts owed to Landlord under this Lease.
(4) ▇▇▇▇▇▇ fails to reimburse Landlord for any damages, repairs and or members of ▇▇▇▇▇▇’s household and their invitees, licensees and guests.
(5) Prior to the end of the Lease, Tenant either moves out of the Premises or shuts off any of the utilities serving the Premises without the consent of Landlord.