Material Noncompliance Clause Samples

The Material Noncompliance clause defines what constitutes a significant breach of contract terms by a party. In practice, this clause typically outlines specific actions or failures—such as not meeting key deadlines, failing to deliver essential goods or services, or violating critical obligations—that are considered material rather than minor. Its core function is to distinguish between minor and major breaches, allowing the non-breaching party to pursue remedies such as termination or damages when a substantial violation occurs, thereby allocating risk and ensuring accountability.
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Material Noncompliance. In accordance with §§ 83.60(1) and 83.56(5), Fla. Stat., the material non-compliance with LL’s obligations under the lease, under applicable statutes, or under § 83.51(1), Fla. Stat., is defense to non-payment of rent. Therefore, T may properly withhold rent if LL has committed material non-compliance with the terms of the lease, however T would be required to deposit the accrued rent as alleged in the complaint or as determined by the court. Upon determining that that LL is in material non-compliance with LL’s obligations under the lease, the court may grant relief to T including termination of the lease and/or reduction of the rent. In order for T to raise the defense of material non-compliance, 1. T is required to deliver written notice to LL before the rent is due stating LL’s material non-compliance and T’s intention not to pay if any material violations not corrected within 7 days. Notice needs to be sent prior to 3 day notice otherwise defense of material noncompliance cannot be raised. Lakeway Management Company of Florida, Inc. v. Stolowilsky, 527 So. 2d 950 (Fla. 3d DCA 1988). The recent amendment to § 83.60(1)(a) does not apply to permit T to file the notice late or during the pendency of the proceedings. 2. In addition to being a complete defense to non-payment of rent, the fact finder shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of non-compliance with § 83.51(1), Fla. Stat. 3. T is not entitled merely to make repairs and deduct the cost from the rent unless expressed in lease. 4. If LL’s failure to comply renders the dwelling unit uninhabitable and T vacates, T shall not be liable for rent during the period the dwelling unit remains uninhabitable. ▇▇▇▇▇▇▇, Inc. ▇. ▇▇▇▇▇▇, 357 So. 2d 1066 (Fla. 3d DCA 1978); ▇▇▇▇▇▇▇ ▇.
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Material Noncompliance. In the event of material noncompliance, the non- breaching party shall, prior to exercising any rights or remedies against the alleged breaching party, provide written notice identifying with specificity the nature of the material noncompliance with this Agreement. The party receiving the notice shall have thirty (30) days from receipt to cure or respond to the alleged material noncompliance, unless a longer period is mutually agreed by the parties. In the event the party receiving notice disagrees with the alleged material noncompliance, such party shall respond within the 30-day period specifying the reasons it believes it is in compliance with the terms of this Agreement. If the party fails to cure any acknowledged noncompliance within the 30-day period or such longer period as agreed to by the parties, then the non- breaching party may send notice that this Agreement shall terminate in seven (7) days unless the material noncompliance is cured within the seven (7) days. Should the parties disagree over the alleged material noncompliance, they may mutually agree to mediate or arbitrate the dispute. In addition, either party may file an action with the Circuit Court seeking any legal or equitable remedies, including but not limited to, money, an injunction, declaratory judgment or specific performance. In the discretion of the Circuit Court, the prevailing party may recover its reasonable costs and attorneys fees incurred in enforcing this Agreement.
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Material Noncompliance. OHCS may, by written notice, extend the Affordability Period described in this Agreement for periods of time matching corresponding periods of time during which OHCS determines Owner to be in material noncompliance with any of the terms of this Agreement.
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Material Noncompliance. (i) Mate- rial noncompliance with the lease in- cludes: (A) One or more substantial ▇▇▇▇▇- tions of the lease; or (B) Repeated minor violations of the lease that disrupt the livability of the building; adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the leased premises and related facilities; interfere with the management of the building or have an adverse financial effect on the building.
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Material Noncompliance. Upon any material noncompliance with this Agreement not involving the non-payment of rent, Landlord may terminate this Agreement and require Tenant to surrender possession of the Property to Landlord upon giving such notice as may be required pursuant to the laws of the State of Iowa. Initial: Notices Any notice from Landlord to Tenant, for which provision is made in this Rental Agreement, shall be made in writing, and forwarded by mail, postage prepaid, addressed to the Property. Any notice from Tenant to Landlord, for which provision is made in this Rental Agreement, shall be made in writing and forwarded by mail, postage prepaid, addressed to Manager the address set forth below, or such other address as Landlord or Manager may designate from time-to-time: Notice served by mail is deemed completed three (3) days after the notice is deposited in the mail and postmarked for delivery, whether the recipient signs a receipt for the notice. Any notices for which provision is made in the Iowa Uniform Residential Landlord and Tenant Act shall be made as set forth therein The provisions of this Agreement shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors, and assigns.
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Material Noncompliance. Upon​ any material noncompliance with this Agreement not involving the non-payment of rent, Landlord may terminate this Agreement and require Tenant to surrender possession of the Property to Landlord upon giving such notice as may be required pursuant to the laws of the State of Iowa. Initial: _______________​
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Material Noncompliance. Subject to the limitations set forth in applicable law, if there is a material noncompliance by Tenant with this Agreement, a noncompliance with ORS 90.630 materially affecting health and safety, or a failure to pay a late charge pursuant to ORS 90.260 or a utility payment, Landlord may deliver a written notice to Tenant terminating the tenancy for cause, specifying the act and/or omission constituting the breach and stating that this Agreement will terminate upon a date not less than thirty (30) days after the date of service of the notice. If the breach may be remedied by repairs, payment of damages, payment of late charge, change in conduct or otherwise and Tenant adequately remedies the breach within thirty (30) days, this Agreement shall not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months after the date of the 30-day notice, however, Landlord may terminate this Agreement upon at least twenty (20) days’ written notice specifying the breach and the date of termination of this Agreement.
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Material Noncompliance. Material noncompliance includes, but is not limited to, nonpayment of Tenant Contribution (RENT) beyond any grace period available under State law; failure to reimburse the LANDLORD for repairs within the time frames specified above; repeated late payment of Tenant Contribution (RENT); permitting unauthorized people to live in the unit; serious or repeated damage to the unit or common area; creation of physical hazards; serious or repeated interference with the rights and quiet enjoyment of other TENANTS or neighbors; failure to repay unauthorized assistance payments; giving false, or failing to provide, information regarding income or other factors considered in determining rent; and illegal activity of the property or in TENANT’S apartment. Revised 03/17/2006 Page 6 of 8
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Related to Material Noncompliance

  • Noncompliance Sourcewell reserves the right to seek all remedies available at law for unpaid or underpaid Administrative Fees due under this Agreement. Failure to remit payment, delinquent payments, underpayments, or other deviations from the requirements of this Agreement may be deemed a material breach and may result in cancellation of this Agreement and disbarment from future Agreements.

  • Significant Non-Compliance Under Article 5

  • Material An itemized list of all materials purchased and installed at the crossing location. If materials purchased are installed at multiple crossing locations, a notation must be made to identify the crossing location.

  • Material Non-Public Information Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.

  • HIPAA Compliance If this Contract involves services, activities or products subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Contractor covenants that it will appropriately safeguard Protected Health Information (defined in 45 CFR 160.103), and agrees that it is subject to, and shall comply with, the provisions of 45 CFR 164 Subpart E regarding use and disclosure of Protected Health Information.