Xxxxxxxx’s Default. Except as noted below, Landlord will be in default if Landlord fails to comply with Landlord’s required maintenance obligations under Section IX(A) or fails to comply with other material provisions of the Lease and such failure continues for more than 7 days after Xxxxxx delivers a written notice to Landlord that tells Landlord how Landlord has violated the Lease. If Xxxxxxxx’s failure to comply is due to causes beyond the Landlord’s control and if Landlord has made, and continues to make, every reasonable effort to correct the problem, the Lease may be altered by the parties, as follows:
Xxxxxxxx’s Default. Landlord shall be in default under this Lease if Landlord has breached or failed to perform any covenant, agreement or undertaking of Landlord under this Lease and has not commenced to cure such breach or failure within thirty (30) days of receipt of written notice thereof from Tenant and diligently and in good faith continued to cure the breach or failure until completion. If the breach or failure cannot reasonably be cured within such thirty (30) day period, Landlord shall not be in default if Landlord commences to cure the breach or failure within the thirty (30) day period and diligently and in good faith continues to prosecute the cure of said breach or failure to completion, provided such breach or failure is cured within one hundred and eighty (180) days after Landlord’s receipt of written notice thereof, subject to extension for reasons due to Force Majeure. Upon the occurrence of any default by Landlord, Xxxxxx’s sole and exclusive remedy shall be a suit for monetary damages against Landlord. In no event shall Tenant have the right to terminate this Lease or offset or xxxxx any sums due to Landlord hereunder as a result of a default by Xxxxxxxx. No waiver by Tenant of a violation or breach of any of the terms, provisions and covenants herein contained by Landlord shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions and covenants contained herein.
Xxxxxxxx’s Default. Tenant hereby agrees that Tenant will notify Xxxxxx in writing, in accordance with Paragraph 7, Notices, above, of any default by Landlord under the terms of the Lease, provided that Lender shall have the same time period as Landlord is given under the Lease to remedy a remedy.
Xxxxxxxx’s Default. This section is a list of policies and legal rights the lender has in the event of a default. Most banks and financial institutions have a boilerplate statement of this policy, which can be inserted here. Define the Miscellaneous section. This final section will include information about transfers, waivers, notice policies and rights to a written agreement. Every lender will have their own set of clauses to list here, depending on the type of transaction and property. Tips Borrowers will always be given a copy of the mortgage contract after all signatures have been confirmed. When writing the contract for the first time, consider having it reviewed by an attorney before presenting it to borrowers, to ensure that it complies with current mortgage regulations. Warnings Lenders must go through the mortgage contract in detail with the borrower before requesting a signature. Despite your best laid plans, it's possible that an unexpected situations will make it difficult for you to afford your car payment. Rather than stop making payments and have the finance company repossess the automobile, you might think about getting out of the car loan contract. Canceling a car loan contract can lower your credit rating and make it difficult for you to qualify for a future loan, but there are some things you can do to minimize the impact. Start by reading your auto loan contract. Some auto loan contracts include a clause that allows new buyers to return a vehicle within three days of a purchase without penalty. If you change your mind and you want to return the car, carefully read your loan agreement and see whether you're able to cancel the contract. You are responsible for paying interest on the loan from the day you sign the agreement. The longer you delay speaking to the loan company, the more likely you are to miss the cancellation window and the more money you will have to pay on the loan. If you cannot get out of the loan agreement contractually, consider returning the car and paying all the interest that is due on the loan. What you're doing here is breaking the agreement prematurely. You will become liable to pay all the monthly fees, interest payments and penalties right up until the end of the auto loan term. Be sure to read the car loan agreement, which should spell out all the various charges. If unable to return the vehicle, or the charges are more than you can bear, contact your finance company and ask for your payoff balance. Place classified ads in the new...
Xxxxxxxx’s Default. Before filing suit for any alleged default by the Landlord, Tenant shall give Landlord and each Mortgagee about whose identity Tenant has been notified, written notice and a reasonable time to cure the alleged default. In the event of a default by the Landlord in the terms of this Lease, no individual officer, director, agent, servant, employee, trustee, stockholder or beneficiary of the Landlord shall be personally liable for performance of the Landlord's obligations.
Xxxxxxxx’s Default. 16.1 In the event that the Customer is unable to receive the agreed Products on the agreed date and time of delivery, the Customer shall immediately notify the Supplier hereof, indicating the cause of the (expected) delay and a specification of the time at which the Customer expects the receipt can take place, which shall be subject to the Supplier’s approval. In such case the risk of loss and damage to the Products shall be transferred to the Customer as if delivery had occurred on the originally agreed delivery date.
Xxxxxxxx’s Default. Landlord shall be in default hereunder in the event Landlord has not begun and pursued with reasonable diligence the cure of any failure of Landlord to meet its obligations hereunder within thirty (30) days after the receipt by Landlord of written notice from Tenant of the alleged failure to perform. In no event shall Tenant have the right to terminate or rescind this Lease as a result of Landlord's default as to any covenant or agreement contained in this Lease. Tenant hereby waives such remedies of termination and rescission and hereby agrees that Tenant's remedies for default hereunder and for breach of any promise or inducement shall be limited to a suit for damages and/or injunction. In addition, Tenant hereby covenants that, prior to the exercise of any such remedies, it will give Mortgagee notice and a reasonable time to cure any default by Landlord. ARTICLE TWELVE SURRENDER OF PREMISES
Xxxxxxxx’s Default. The Landlord will be considered in default:
Xxxxxxxx’s Default. If the buyer fails, after the delivery time has occurred, to pick up the material or place an order for shipment, the seller is entitled to store and insure the service at the buyer's expense. If the buyer fails to pick up the material despite a written request, the seller - even in cases where the material is manufactured specifically according to the buyer's instructions or specification - is entitled to sell it in the best possible way.
Xxxxxxxx’s Default. Landlord shall not be in default hereunder unless Landlord fails to perform any of its obligations hereunder within thirty (30) days after receipt of notice from Tenant specifying such failure (unless such performance will, due to the nature of the obligation, require a period of time in excess of 30 days, then after such period of time as is reasonably necessary); failing which, Tenant shall have the right to seek judgment from a court of competent jurisdiction for actual damages and/or an injunction. In addition, In the event that neither Landlord nor Mortgagee cures said breach within thirty (30) days after receipt of said notice, or if having commenced said cure they do not diligently pursue it to completion, then Tenant may elect to cure said breach at Xxxxxx's expense. Landlord shall be obligated to reimburse Tenant, for all documented out-of-pocket costs of said cure incurred by Xxxxxx with thirty (30) days following Xxxxxx's demand with the copies of all paid invoices. In the event Landlord does not reimburse Tenant within said thirty (30) days, Tenant shall have the right to offset all documented out-of- pocket costs of said cure incurred by Tenant against Rent, beginning with the first installment of Rent after the expiration of such 30-day period and continuing until Xxxxxx has been reimbursed in full. In the event of a default by Landlord under the Lease, Tenant shall use reasonable efforts to mitigate its damages and losses arising from any such default. Notwithstanding anything in this Lease to the contrary, none of the Landlord Parties shall be liable under any circumstances, in each case, however occurring, for injury or damage to, or interference with, Xxxxxx's business, including but not limited to, any fines or penalties, loss of good will, loss of business, business opportunity or profits or other direct, special, incidental, indirect or consequential damages or for punitive or special damages of any kind, whether in contract, tort or otherwise.
