DEFAULT OR ABANDONMENT Clause Samples
The "Default or Abandonment" clause defines the consequences and procedures that apply if one party fails to fulfill their contractual obligations or abandons the project or agreement. Typically, this clause outlines what constitutes a default or abandonment, the notice requirements, and the remedies available to the non-breaching party, such as the right to terminate the contract, claim damages, or take over the work. Its core function is to protect parties from the risks associated with non-performance or desertion by providing a clear framework for addressing such situations and ensuring continuity or compensation.
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DEFAULT OR ABANDONMENT. Should the Lessee fail to pay the rent or any other charges arising under this lease promptly as stipulated, should the premises be abandoned (it being agreed that an absence of Lessee from the leased premises for five consecutive days after rents have become delinquent shall create a conclusive presumption of abandonment) by Lessee or should Lessee begin to remove furniture or any substantial portion of Lessee’s personal property to the detriment of Lessor’s lien, or should voluntary or involuntary bankruptcy proceedings be commended by or against ▇▇▇▇▇▇, or should Lessee make an assignment for the benefit of creditors, then in any of said events, Lessee shall be ipso facto in default and the rent for the whole of the unexpired term of the lease together with the attorneys fees shall immediately become due. However, ▇▇▇▇▇▇ may proceed one or more times for past due installments without prejudicing her rights to proceed later for the rent for the remaining term of the lease. Similarly, in the event of any such default, Lessor retains the option to cancel the lease and obtain possession of the premises by giving ▇▇▇▇▇▇ written notice to vacate the premises in accordance with the provisions of Articles 4701-4705 of the Louisiana Code of Civil Procedure. In the event of such cancellation and eviction, Lessee is obligated to pay any and all rent due and owing through the last day said premises are occupied. Lessee is obligated to pay any eviction costs.
DEFAULT OR ABANDONMENT. If Lessee fails to pay promptly the rent or any other charges arising under this lease, whether to Lessor or others, or if Lessee abandons the premises (it being agreed that an absence of Lessee from the premises for five (5) consecutive days after the rent or other payment has become delinquent shall create a conclusive presumption of abandonment) or if Lessee begins to remove furniture or furnishings or any substantial portion of Lessee’s property to the detriment of Lessor’s lien, or if assignment for the benefit of creditors, then Lessee shall be ipso facto in default and, at Lessor’s option, the rent for the entire unexpired term of the lease together with attorney’s fees and all other costs shall immediately become due. As an alternative Lessor may proceed one or more times to collect past due installments without prejudicing his right to proceed later for the rent of the remaining term of the lease. As a further alternative, Lessor may cancel the lease and obtain possession of the premises by giving Lessee written notice to vacate the premises. In all such events, Lessee is herby relieved of putting Lessee in default or giving any notice other than specifically provided herein.
DEFAULT OR ABANDONMENT. Should the Lessee fail to pay the rent or any other charges arising under this lease promptly as stipulated, should the premises by abandoned (it being agreed of Lessee from the leased premises for 5 consecutive days after rentals have become delinquent shall create a conclusive presumption of abandonment) by Lessee or should Lessee begin to remove furniture or any substantial portion of Lessee’s personal property to the detriment of Lessor’s lien, or should voluntary or involuntary bankruptcy proceedings be commenced by or against Lessee, or should Lessee make an assignment for the benefit of creditors, then in any of said events, Lessee shall be ipso facto in default and the rent for the whole of the unexpired terms of the lease together with the attorneys fees shall immediately become due. However, Lessor may proceed one or more times for past due installments without prejudicing his rights to proceed later for the rent for the remaining term of the lease. Similarly, in the event of any such default, Lessor retains the option to cancel the lease and obtain possession of the premises by giving Lessee written notice to vacate the premises. In the event of such cancellation and eviction, Lessee is obligated to pay any and all rent due and owing through the last day said premises are occupied. Lessee is obligated to pay any eviction costs.
DEFAULT OR ABANDONMENT. Should the Tenant fail to pay the rent or any other charges arising under this lease promptly as stipulated, or should voluntary or involuntary bankruptcy proceedings be commenced by or against Tenant, or should Tenant breach any other covenant of this lease, Tenant shall be, at option of Lessor, in default, without the necessity of demand or putting in default. In the event of default thereunder, Lessor may elect any remedy allowed under Louisiana law including, but not limited to, declaring the rent for the whole un-expired term of the lease together with the attorney’s fees immediately due and payable, or proceed one or more times for the past due installments without prejudicing his right to proceed later for the remaining term of the lease, or to cancel the lease and obtain possession of the premises.
DEFAULT OR ABANDONMENT. Subject to force majeure, in the event of abandonment of the project, the Lender shall be entitled to but not required to, after giving the Borrower fifteen (15) days notice of any abandonment and provided the Borrower fails to forthwith rectify the same, or the Lender may decline to advance further funds and to declare any monies advanced with interest and costs to become forthwith due and payable.
DEFAULT OR ABANDONMENT. Should the Lessee fail to pay the rent or any other charges arising under this lease promptly as stipulated, should the premises be abandoned (it being agreed that an absence of Lessee from the leased premises for five consecutive days after rents have become delinquent shall create a conclusive presumption of abandonment) by Lessee or should Lessee begin to remove furniture or any substantial portion of Lessee’s personal property to the detriment of Lessor’s lien, or should voluntary or involuntary bankruptcy proceedings be commended by or against Lessee, or should Lessee make an assignment for the benefit of creditors, then in any of said events, Lessee shall be ipso facto in default and the rent for the whole of the unexpired term of the lease together with the attorneys fees shall immediately become due. However, Lessor may proceed one or more times for past due installments without prejudicing her rights to proceed later for the rent for the remaining term of the lease. Similarly, in the event of any such default, Lessor retains the option to cancel the lease and obtain possession of the premises by giving Lessee written notice to vacate the premises in accordance with the provisions of Articles 4701-4705 of the Louisiana Code of Civil Procedure. In the event of such cancellation and eviction, Lessee is obligated to pay any and all rent due and owing through the last day said premises are occupied. Lessee is obligated to pay any eviction costs.