Right of Abatement Sample Clauses

The Right of Abatement clause allows a party, typically a tenant or buyer, to reduce or withhold payment if certain obligations—such as repairs, services, or delivery of goods—are not met by the other party. In practice, this means that if a landlord fails to fix a major issue in a rental property, the tenant may be entitled to pay less rent until the problem is resolved. The core function of this clause is to provide a financial remedy and leverage for the non-breaching party, ensuring that contractual obligations are fulfilled and offering a practical solution when performance falls short.
POPULAR SAMPLE Copied 1 times
Right of Abatement. Notwithstanding anything to the contrary contained in Paragraph A, above, to the extent any Construction Work undertaken by Landlord materially adversely affects Tenant’s access to and reasonable use of the Premises then Tenant's Base Monthly Rent will be equitably abated during the period such material adverse interference with Tenant’s business at the Premises continues as a result thereof. The foregoing right of abatement will constitute Tenant's sole and absolute right against Landlord or otherwise in connection with any such Construction Work and Tenant releases and waives any other claims, defenses, or rights in connection therewith.
View SourceView Similar (4)
Right of Abatement. During the Term, UFRF shall have the first right but not the obligation to ▇▇▇▇▇ alleged infringement of the Patent Rights outside of the Licensed Field at its own expense and Licensee shall have the first right but not the obligation to ▇▇▇▇▇ the alleged infringement of the Patent Rights in the Licensed Field at its own expense. If Licensee elects not to ▇▇▇▇▇ an alleged infringement or to enforce the Patent Rights in the Licensed Field, or if Licensee is unsuccessful in persuading the alleged infringer to desist and elects not to continue with its efforts, then it shall so notify UFRF, and thereafter, UFRF may but is not obligated to take steps to ▇▇▇▇▇ the alleged infringement, including to prosecute at its own expense the alleged infringement of the Patent Rights in the Licensed Field.
View SourceView Similar (2)
Right of Abatement. Notwithstanding anything to the contrary contained in PARAGRAPH 56.1, in the event any Construction Work undertaken by Lessor or any third party (including, without limitation, any contractor) authorized to construct such parking garage and/or Building Three, materially interferes with the operation of Lessee's business within the Premises, Lessee's Base Rent will be abated two (2) days for each day of such material interference.
View Source
Right of Abatement. (a) In the event of a violation or breach of any Restriction contained in this Declaration, the Association shall give written notice by certified mail to the Owner setting forth in reasonable detail the nature of such violation or breach and the specific action or actions needed to be taken to remedy such violation or breach. If the Owner shall fail to take reasonable steps to remedy such violation or breach within thirty (30) days after the mailing of written notice, or if such violation or breach shall not be remedied within sixty (60) days after the mailing of said written notice (which sixty-day period shall be extended as reasonably necessary if a cure to such violation is commenced by the applicable Owner within said 30-day period and such Owner is diligently prosecuting a cure to such violation), then the Association shall have the Right of Abatement. (b) The Right of Abatement, as used in this Declaration, means the right of the Association, through its agents and. employees, to enter at all reasonable times upon any Parcel or Structure, as to [*] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Securities and Exchange Commission. which notice of a violation, breach or other condition to be remedied has been given pursuant to this Declaration, and to take the actions specified in such notice to ▇▇▇▇▇, extinguish, remove or repair such violation, breach or other condition which may exist thereon contrary to the provisions hereof, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and such actions, provided such entry and such actions are carried out in accordance with the provisions of this Section, and with the costs thereof, including the costs of collection including reasonable attorneys’ fees, together with interest thereon at twelve percent (12%) per annum, to be a binding obligation of such Owner enforceable in law, as well as a lien on such Owner’s Parcel enforceable in law, as well as a lien on such Owner’s Parcel enforceable pursuant to the provisions of Section 9.04 hereof. Such lien shall be superior to any and all charges, liens or encumbrances which may in any manner arise or be imposed upon the Parcel after such entry whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, deed to secure debt or other instrument, excepting only (i) such l...
View Source
Right of Abatement. Notwithstanding anything to the contrary contained in Paragraph A, above, in the event any Construction Work undertaken by Sublessor prevents Subtenant from conducting its business within the Premises, Subtenant’s Base Monthly Rent will be abated during the period during which Subtenant is unable to conduct it business at the Premises as a result thereof. The foregoing right of abatement will constitute Subtenant’s sole and absolute right against Sublessor or otherwise in connection with any such Construction Work and Subtenant reSubleases and waives any other claims, defenses, or rights in connection therewith.
View Source
Right of Abatement. “Right of Abatement” has the meaning specified in Section 9.02.
View Source

Related to Right of Abatement

  • LANDLORD'S RIGHT OF ACCESS Landlord shall have the right with reasonable prior notice to Tenant and at times reasonably convenient to Landlord and Tenant, and accompanied by a representative of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurred.

  • Right of Appeal 13.1 If the Administrator: 13.1.1 decides not to certify a facility or to vary a certificate which has been issued; 13.1.2 serves a notice imposing a buy-out fee under Rule 7 upon determining that a target unit has failed to meet its target; or 13.1.3 decides to vary or not to vary the target for a target unit, the Operator may appeal to the Tribunal against the decision. 13.2 In respect of an Operator which enters into an agreement after 1 April 2013, the Operator may appeal to the Tribunal against the target that has been set for the target unit by the Administrator. 13.3 For the purposes of Rule 13.2, the date on which notice of the decision is deemed to have been sent to the Operator is the later of the date the agreement is entered into or the date the Administrator sends notice to the Operator of the target for the target unit. 13.4 The grounds on which an Operator may appeal under Rule 13.1 and 13.2 are: 13.4.1 that the decision was based on an error of fact; 13.4.2 that the decision was wrong in law; 13.4.3 that the decision was unreasonable; 13.4.4 any other reason. 13.5 The bringing of an appeal suspends the effect of the decision pending final determination by the Tribunal of the appeal or its withdrawal. 13.6 On determining an appeal under these Rules the Tribunal must either: 13.6.1 affirm the decision; 13.6.2 quash the decision; or 13.6.3 vary the decision.

  • Right of appropriation (a) We shall be entitled in our reasonable discretion to apply and appropriate all payments received by us in such a manner or order of priority as we may deem fit, notwithstanding any specific appropriation of such sums by you or any person making such payment. Without prejudice to the generality of the foregoing, we may apply payments received by us in the following order of priority: (i) all billed but unpaid interest, fees and charges; (ii) all unpaid balance transfer balances, cash advances, instalment plans, card transactions shown in any previous statements of account; (iii) all unpaid balance transfer balances, cash advances, instalment plans, card transactions shown in the current statement of account; and (iv) all unpaid balance transfer balances, cash advances, instalment plans, card transactions not yet included in any statement of account. (b) For each category of unpaid balances referred to in each of sub- clauses 15.1(a)(ii), (iii) and (iv): (i) the balances with the highest applicable interest rate will be repaid in priority to the other balances within such category; and (ii) where the interest rate applicable to any unpaid balance transfer balances within such category is the same, payments received by us will reduce the balances transferred under the latest fund transfer program (after it has been reflected in your statement of account) first, notwithstanding that you may have unpaid balance transfer balances from earlier fund transfer programs.

  • Right of Access 2.3.1 Upon reasonable notice, the NYISO and/or Connecting Transmission Owner may send a qualified person to the premises of the Interconnection Customer at or immediately before the time the Small Generating Facility first produces energy to inspect the interconnection, and observe the commissioning of the Small Generating Facility (including any required testing), startup, and operation for a period of up to three Business Days after initial start-up of the unit. In addition, the Interconnection Customer shall notify the NYISO and Connecting Transmission Owner at least five Business Days prior to conducting any on-site verification testing of the Small Generating Facility. 2.3.2 Following the initial inspection process described above, at reasonable hours, and upon reasonable notice, or at any time without notice in the event of an emergency or hazardous condition, the NYISO and Connecting Transmission Owner each shall have access to the Interconnection Customer’s premises for any reasonable purpose in connection with the performance of the obligations imposed on them by this Agreement or if necessary to meet their legal obligation to provide service to their customers. 2.3.3 Each Party shall be responsible for its own costs associated with following this article.

  • Right of Set-off Upon (i) the occurrence and during the continuance of any Event of Default and (ii) the making of the request or the granting of the consent specified by Section 6.01 to authorize the Administrative Agent to declare the outstanding Borrowings due and payable pursuant to the provisions of Section 6.01, each Lender, each LC Issuing Bank and each of their respective Affiliates is hereby authorized at any time and from time to time, to the fullest extent permitted by Applicable Law, to set off and apply any and all deposits (general or special, time or demand, provisional or final, in whatever currency) at any time held, and other obligations (in whatever currency) at any time owing, by such Lender, such LC Issuing Bank or any such Affiliate, to or for the credit or the account of the Borrower against any and all of the obligations of the Borrower now or hereafter existing under this Agreement or any other Loan Document to such Lender, such LC Issuing Bank or their respective Affiliates, irrespective of whether or not such Lender, such LC Issuing Bank or such Affiliate shall have made any demand under this Agreement or any other Loan Document and although such obligations of the Borrower may be contingent or unmatured or are owed to a branch, office or Affiliate of such Lender, such LC Issuing Bank different from the branch, office or Affiliate holding such deposit or obligated on such indebtedness; provided that in the event that any Defaulting Lender shall exercise any such right of setoff, (x) all amounts so set off shall be paid over immediately to the Administrative Agent for further application in accordance with the provisions of Section 2.21 and, pending such payment, shall be segregated by such Defaulting Lender from its other funds and deemed held in trust for the benefit of the Administrative Agent, the LC Issuing Banks, and the Lenders, and (y) the Defaulting Lender shall provide promptly to the Administrative Agent a statement describing in reasonable detail the obligations of the Borrower owing to such Defaulting Lender as to which it exercised such right of setoff. The rights of each Lender, each LC Issuing Bank and their respective Affiliates under this Section are in addition to other rights and remedies (including other rights of setoff) that such Lender, such LC Issuing Bank or their respective Affiliates may have. Each Lender and each LC Issuing Bank agrees to notify the Borrower and the Administrative Agent promptly after any such setoff and application; provided that the failure to give such notice shall not affect the validity of such setoff and application.