Determination Right Clause Samples
A Determination Right clause grants one party the authority to make a binding decision or judgment on a specific matter within the contract. Typically, this right applies to issues such as assessing compliance, determining satisfaction of conditions, or resolving ambiguities in performance. For example, a buyer may have the determination right to decide if goods meet contractual specifications. The core function of this clause is to streamline decision-making and reduce disputes by clearly designating who has the final say on certain contractual matters.
Determination Right. 6.4.1 If the Property (or means of access thereto) is destroyed or damaged by an Insured Risk such that the Property is unfit for occupation and use and shall not be rendered fit for occupation and use within two years and nine months of the date of such damage then either the Landlord or the Tenant may whilst the Property has not been rendered fit for occupation and use terminate the Contractual Term by giving to the other not less than three (3) months’ previous notice in writing PROVIDED THAT if the Property has been rendered fit for occupation and use within three years of the date of such damage then such notice shall be deemed not to have been given.
6.4.2 Termination of this lease pursuant to the provisions of Clause 6.4.1 shall be without prejudice to the liability of either party for any antecedent breach of the covenants and conditions herein contained (save for Clause 6.1.5 which shall be deemed not to have applied).
Determination Right. 6.4.1 If the Property is destroyed or damaged by an Insured Risk such that the Property is unfit for occupation and use and shall not be rendered fit for occupation and use within two years and nine months of the date of such damage then either the Landlord or the Tenant may whilst the Property has not been rendered fit for occupation and use terminate the Contractual Term by giving to the other not less than three (3) months’ previous notice in writing.
6.4.2 Termination of this lease pursuant to the provisions of Clause 6.4.1 shall be without prejudice to the liability of either party for any antecedent breach of the covenants and conditions herein contained (save for Clause 6.1.5 which shall be deemed not to have applied).
Determination Right. (a) If the Property is unfit for occupation and use because of damage by an Insured Risk to the Property or to the means of access to the Property within the Centre or the Services needed for the beneficial use of the Property the Landlord shall within 6 months of the date of damage or destruction notify the Tenant in writing if it reasonably considers that reinstatement will take longer than 2 years from the date of damage or destruction.
(b) If the Landlord gives the notification referred to in clause 6.4.1(a) either party may within 2 months of such notification terminate this Lease by written notice to the other.
6.4.2. If the Property is unfit for occupation and use because of damage by an Insured Risk to the Property or to the means of access to the Property within the Centre or the Services needed for the beneficial use of the Property and reinstatement has not been completed by the expiry of the period for which loss of rent insurance has been effected by the Landlord so as to make the Property fit for occupation and use then either party may (until the date on which the Property is so reinstated) terminate this Lease by notice in writing to the other.
6.4.3. Termination of this Lease pursuant to the provisions of clauses 6.4.1 or 6.4.2 shall be without prejudice to the liability of either party for any antecedent breach of the covenants and conditions herein contained (save for clause 6.1.4 (Landlord’s covenant to reinstate) which shall be deemed not to have applied).