Common use of Default or Breach Clause in Contracts

Default or Breach. If the Tenant(s) shall at any time be in default or breach of any one or more of the terms or obligations contained herein, and if the Landlord shall institute an action or summary proceeding against the Tenant(s) based upon such default or breach, then the Tenant will reimburse the Landlord for Landlord’s attorney’s fees, costs, expenses, and other disbursements thereby incurred by the Landlord in connection with any dispute arising hereunder. Notwithstanding the foregoing, neither party shall be liable for legal costs or attorney fees incurred by another party, in connection with a dispute arising hereunder, in excess of costs or fees specifically permitted by statute. Tenant’s failure to pay any installment of rent when due, or to perform any of Tenant’s obligations hereunder, shall constitute a default. If a default occurs, Landlord may, at its option, terminate this lease and regain possession of the rental unit in accordance with applicable law. Recovery of the rental unit by Landlord shall not relieve Tenant of any obligation hereunder, and upon default, Landlord shall be permitted to accelerate the rent due throughout the entire term of the lease and demand immediate payment thereof; however, the Tenant may not be liable for the total accelerated amount because of Xxxxxxxx’s obligation to mitigate damages, and either party may have a court determine the actual amount owed, if any. Xxxxxx agrees that acceptance of partial rent payments by Landlord after notice of termination or forfeiture will not constitute waiver of the notice of termination or forfeiture unless Landlord agrees to a waiver in writing, nor will such payment affect any legal proceedings taken or to be taken by Landlord except to reduce Tenant’s obligations to Landlord by the amount of such partial payment. In the event of default, it is understood that any party to this lease has the right to have a court determine the actual amount due and owing to the other.

Appears in 1 contract

Samples: Rental Agreement

AutoNDA by SimpleDocs

Default or Breach. If the Tenant(s) shall at any time be in default or breach of any one or more of the terms or obligations contained herein, and if the Landlord shall institute an action or summary proceeding against the Tenant(s) based upon such default or breach, then the Tenant will reimburse the Landlord for Landlord’s the expense of attorney’s fees, costs, expenses, expenses and other disbursements thereby incurred by the Landlord in connection with any dispute arising hereunder. Notwithstanding the foregoingLandlord, neither except that no party to this lease shall be liable for legal costs costs, expenses or attorney attorneys’ fees incurred by another party, in connection with a dispute arising hereunder, in excess of costs or fees specifically permitted by statute. Tenant’s failure to pay any installment of rent when due, or to perform any of Tenant’s obligations hereunder, shall constitute a default. If a default occurs, Landlord may, at its option, terminate this lease and regain possession of the rental unit in accordance with applicable law. Recovery of the rental unit by Landlord shall not relieve Tenant of any obligation hereunder, and upon default, Landlord shall be permitted to accelerate the rent due throughout the entire term of the lease and demand immediate payment thereof; however, the Tenant may not be liable for the total accelerated amount because of Xxxxxxxx’s obligation to mitigate damages, and either party may have a court determine the actual amount owed, if any. Xxxxxx agrees that acceptance of partial rent payments by Landlord after notice of termination or forfeiture will not constitute waiver of the notice of termination or forfeiture unless Landlord agrees to a waiver in writing, nor will such payment affect any legal proceedings taken or to be taken by Landlord except to reduce Tenant’s obligations to Landlord by the amount of such partial payment. In the event of default, it is understood that any party to this lease has the right to have a court determine the actual amount due and owing to the other.

Appears in 1 contract

Samples: Rental Agreement

Default or Breach. If the Tenant(s) shall at any time be in default or breach of any one or more of the terms or obligations contained herein, and if the Landlord shall institute an action or summary proceeding against the Tenant(s) based upon such default or breach, then the Tenant will reimburse the Landlord for Landlord’s the expense of attorney’s fees, costs, expenses, expenses and other disbursements thereby incurred by the Landlord in connection with any dispute arising hereunder. Notwithstanding the foregoingLandlord, neither except that no party to this lease shall be liable for legal costs costs, expenses or attorney attorneys’ fees incurred by another party, in connection with a dispute arising hereunder, in excess of costs or fees specifically permitted by statute. Tenant’s failure to pay any installment of rent when due, or to perform any of Tenant’s obligations hereunder, shall constitute a default. If a default occurs, Landlord may, at its option, terminate this lease and regain possession of the rental unit in accordance with applicable law. Recovery of the rental unit by Landlord shall not relieve Tenant of any obligation hereunder, and upon default, Landlord shall be permitted to accelerate the rent due throughout the entire term of the lease and demand immediate payment thereof; however, the Tenant may not be liable for the total accelerated amount because of XxxxxxxxLandlord’s obligation to mitigate damages, and either party may have a court determine the actual amount owed, if any. Xxxxxx Tenant agrees that acceptance of partial rent payments by Landlord after notice of termination or forfeiture will not constitute waiver of the notice of termination or forfeiture unless Landlord agrees to a waiver in writing, nor will such payment affect any legal proceedings taken or to be taken by Landlord except to reduce Tenant’s obligations to Landlord by the amount of such partial payment. In the event of default, it is understood that any party to this lease has the right to have a court determine the actual amount due and owing to the other.

Appears in 1 contract

Samples: Rental Agreement

AutoNDA by SimpleDocs

Default or Breach. If the Tenant(s) shall at any time be in default or breach of any one or more of the terms or obligations contained herein, and if the Landlord shall institute an action or summary proceeding against the Tenant(s) based upon such default or breach, then the Tenant will reimburse the Landlord for Landlord’s the expense of attorney’s fees, costs, expenses, expenses and other disbursements thereby incurred by the Landlord in connection with any dispute arising hereunder. Notwithstanding the foregoingLandlord, neither except that no party to this lease shall be liable for legal costs costs, expenses or attorney attorneys’ fees incurred by another party, in connection with a dispute arising hereunder, in excess of costs or fees specifically permitted by statute. Tenant’s failure to pay any installment of rent when due, or to perform any of Tenant’s obligations hereunder, shall constitute a default. If a default occurs, Landlord may, at its option, terminate this lease and regain possession of the rental unit in accordance with applicable law. Recovery of the rental unit by Landlord shall not relieve Tenant of any obligation hereunder, and upon default, Landlord shall be permitted to accelerate the rent due throughout the entire term of the lease and demand immediate payment thereof; however, the Tenant may not be liable for the total accelerated amount because of XxxxxxxxLandlord’s obligation to mitigate damages, and either party may have a court determine the actual amount owed, if any. Xxxxxx SAMPLE LEASE Tenant agrees that acceptance of partial rent payments by Landlord after notice of termination or forfeiture will not constitute waiver of the notice of termination or forfeiture unless Landlord agrees to a waiver in writing, nor will such payment affect any legal proceedings taken or to be taken by Landlord except to reduce Tenant’s obligations to Landlord by the amount of such partial payment. In the event of default, it is understood that any party to this lease has the right to have a court determine the actual amount due and owing to the other.

Appears in 1 contract

Samples: Sample Rental Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.