Actionable Violation Clause Samples
An Actionable Violation clause defines what constitutes a breach of the agreement that is significant enough to warrant legal action or enforcement measures. Typically, this clause outlines specific behaviors or failures to perform contractual obligations that, if they occur, give the non-breaching party the right to seek remedies such as damages, termination, or injunctive relief. By clearly identifying which violations are actionable, the clause helps both parties understand the consequences of non-compliance and ensures that only material breaches trigger legal recourse, thereby reducing ambiguity and potential disputes.
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Actionable Violation. A. An “Actionable Violation” shall be any of the following: (i) failure to timely fulfill any obligation stated in this Agreement, or any amendment or supplement to this Agreement; (ii) any act or omission (not authorized by this Agreement) which results in the creation of a lien or encumbrance of any kind on the Property; and (iii) any act which makes the performance of the obligations described in this Agreement impossible.
