Breach by Sample Clauses

Breach by any Party hereto of any provision of the relevant direct access tariff shall be governed by applicable provisions contained therein and each Party will retain all rights granted thereunder.
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Breach by. TENANT In the event that the LESSEE shall vacate or abandon said premises or shall default in any of its covenants herein, and said default shall not be removed within 10 days after notice thereof in writing from the LESSOR, the LESSOR is hereby authorized to re-enter said premises to eject the LESSEE, and take full possession of said premises, to terminate this Lease at its option, and to lease and let said premises as to it shall seem best, to remove from said premises all personal property of the LESSEE, and to store the same to the account and at the expense and risk of the LESSEE, and to sell said property or any part thereof, and out of the proceeds to pay all expenses of so removing, storing, and selling the same, and all sums which shall then be in arrears or past due for rent. No such act or acts of the LESSOR shall be construed as cancellation of the Lease or waiver of said term, except exercise of its option to terminate the same. In case the LESSOR shall determine that an action or proceeding at law or otherwise is necessary to enforce the terms and conditions hereof, the LESSEE agrees that necessary costs and; reasonable attorney's fees and disbursements thereof; and brokerage fees to re-lease said premises may be allowed and taxes against it along with annual interest in the amount of 12% or the maximum amount allowed by law whichever is less. 17. ALTERATIONS The LESSEE shall not make any alterations to the leased premises without the written consent of the LESSOR, such consent not to be unreasonably withheld. If the LESSEE shall desire to make any such alterations, an accurate description shall first be submitted to and approved by the LESSOR and shall be done by the LESSEE at its own expense. LESSEE agrees that all such work shall be done in a good, workmanship like manner, and in conformance with applicable building codes, that the structural integrity of the building shall not be impaired, and that no liens shall attach to the premises by reason thereof. The LESSOR DECLARES that all such alterations MADE IN THE PAST AND TO BE MADE IN 1997 HAVE THE LESSOR'S CONSENT. THE LESSEE SHALL HAVE NO OBLIGATION TO RESTORE the premises to its original condition FOR SUCH IMPROVEMENTS. Any such alterations shall become the property of the LESSOR WHEN THE LESSEE VACATES THE PREMISES and all right, title and interest therein of the LESSEE shall immediately cease unless otherwise stated in writing. The LESSEE however, shall remain the owner of any install...
Sample 1
Breach by. Lessor It shall be a breach of this Lease if Lessor fails to observe or perform any term, covenant or condition of this Lease on its part to be performed, and such failure shall continue for a period of thirty (30) days, after written Notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Lessor, within said thirty (30) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay.
Sample 1
Breach by 
Sample 1

Related to Breach by

  • Breach by Seller In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser’s default, Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow Deposit, if any, shall be forthwith returned by the title company to Purchaser.

  • Breach by Licensee a. The licensee shall have five (5) business days from its receipt of written notice by Producer and/or Producer’s authorized representative to cure any alleged breach of this Agreement by Licensee. Licensee’s failure to cure the alleged breach within five (5) business days shall result in Licensee’s default of its obligations, its breach of this Agreement, and at Producer's sole discretion, the termination of Licensee’s rights hereunder.

  • BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser’s obligations set forth in Article III having been satisfied and Purchaser being in default and Seller not being in default hereunder, Seller shall have the right to receive the Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment as its total damages and relief and as Seller’s sole remedy hereunder in such event. If no Escrow Deposit has been made then Seller shall receive the amount of $500 as liquidated damages for any failure by Purchaser.

  • Breach A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

  • Breach by Resident Upon any breach by Resident of this Housing Agreement or a prior agreement between Resident and Owner or its affiliates, including community policies, Owner may without separate demand or notice except as provided by law, and in addition to other lawful remedies, do any one or more of the following: (i) collect any charge under this Housing Agreement or community policies, including reimbursement for costs of collection; (ii) terminate this Housing Agreement and Resident’s right to occupy the premises and/or institute an action for eviction; (iii) xxx to collect all past due charges and/or unpaid rent and other charges which would become due through the End Date or until the bedroom space and all other bedroom spaces at the Property have been filled, with recovery by Owner of any discrepancy in rent rate and any expense incurred in obtaining the new resident contract; (iv) report any information to credit reporting agencies. Without limitation, Owner may terminate this Housing Agreement for non-payment of rent or other charges, or upon any conduct by Resident that is prohibited by or in breach of this Agreement, or if, in the reasonable judgment of Owner, continued residency will or may be detrimental to the educational process or the health, safety and/or welfare of the other residents of the Property or any of the Property’s personnel. Upon any termination as described in this paragraph: (a) Resident must fully vacate the bedroom space and apartment (including removing all personal belongings) within the time provided in the written notice given by Owner, and will have no further use of or access to the Property, the assigned apartment or bedroom space; and (b) Resident will be fully responsible for all rent and other charges as if the Agreement had been terminated by Resident as described in paragraph 5. Owner’s termination for breach will not limit Owner’s claim for damages resulting from Resident’s breach of the Housing Agreement. Owner’s acceptance of rent or other payment following notice to vacate or during the pendency of a legal action will not waive or diminish Owner’s rights under this Housing Agreement or statutory law unless separately and expressly agreed by Owner.

  • Breach Waiver Any waiver by the Client of a breach of any section of this Agreement by the Contractor shall not operate or be construed as a waiver of any subsequent breach by the Contractor.

  • Breach of Confidentiality Contractor acknowledges that there can be no adequate remedy at law for any breach of Contractor’s obligations hereunder, that any such breach will likely result in irreparable harm, and therefore, that upon any breach or threatened breach of the confidentiality obligations, the JBE shall be entitled to appropriate equitable relief, without the requirement of posting a bond, in addition to its other remedies at law.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.