Failure to Observe or Perform Clause Samples

The "Failure to Observe or Perform" clause defines the consequences when a party does not fulfill its obligations or comply with the terms set out in the agreement. Typically, this clause outlines the steps the non-breaching party can take, such as providing notice of the failure and allowing a period for the defaulting party to remedy the breach. For example, if a party fails to make a required payment or deliver goods on time, this clause would specify the process for addressing the issue. Its core practical function is to provide a clear mechanism for handling breaches, ensuring both parties understand their rights and remedies if contractual duties are not met.
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Failure to Observe or Perform. Tenant fails to observe or otherwise breaches or fails to perform any of the other provisions of this Lease to be observed or performed by Tenant under this Lease and such failure continues for a period of thirty (30) days after Landlord delivers written notice to Tenant of Tenant’s breach or failure; provided that if Tenant cannot reasonably cure its breach or failure within a 30-day period, Tenant’s breach or failure is not an Event of Default if Tenant commences to cure its breach or failure within the 30-day period and thereafter diligently pursues the cure to completion.
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Failure to Observe or Perform. Upon written notice from Lessor that Lessee has not observed, performed or has violated a covenant, condition or provision of this Lease Agreement, except failure to make payment, Lessee shall have thirty (30) days to cure; provided, however, that if the nature of Lessee’s default is such that more than thirty (30) days are reasonably required to its cure, then lessee shall not be deemed to be in Breach if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion, subject to Article 20, paragraph 6 above.
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Related to Failure to Observe or Perform

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Failure to Vacate If the Resident does not vacate the Residence on the expiry or early termination of this Agreement, (i) the Resident is liable for any financial loss sustained or incurred by the Institution or the Manager, and (ii) the Manager may remove the property of the Resident from the Room (whether or not the Resident is present at the time), and place the property in temporary storage in a location in the Residence of the Manager’s choice, at the Resident’s expense, without notice to the Resident and without liability to the Manager for any damage to or loss of the Resident’s property.

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • Failure to Maintain If the Tenant fails to obtain and maintain Renters Insurance as required under this Agreement, it shall be considered a violation and result in default of this Agreement.

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within thirty calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.