Common use of Breaches and Remedies Clause in Contracts

Breaches and Remedies. 9.1 The provisions of the Contracts (Remedies for Breach of Contractor) Law 5731–1970 and the provisions of the Contracts (General Part) Law 5733– 1973 shall apply to this Lease. 9.2 The parties agree that should any of the parties be in default by more than 14 days in respect of any of the payments whatsoever which it is obliged to effect hereunder, the other party shall be entitled to interest at the rate equivalent to the maximum interest rate prevailing at such time at Bank Leumi Ltd. with regard to unauthorized credit outside the normal credit framework, on sums in respect of which such party is in arrears, in addition to and without derogating from any other right vested in the other party hereunder and/or under any law. 9.3 In any event of the cancellation of the Lessee's rights hereunder, due to the Lessee's [sic] fundamental breach thereof, the Lessor shall be entitled to any additional remedy vested in it by law on account of the breach, including the relief of compensation, an injunction and a mandatory order. 9.4 In any event of the cancellation of the Lessee's rights pursuant to this Lease, due to the Lessee's [sic] breach thereof, the Lessor shall be entitled to any additional remedy vested in it by law on account of the breach, including the relief of compensation, an injunction and a mandatory order. Notwithstanding all the aforesaid herein and in addition thereto, in the event of the Lessee's breach on account of which the Lessee is evicted from the Object of the Lease before the expiration of the Term of the Tenancy, the Lessee shall be obliged to pay the Lessor, for the period from the date of the vacation until the expiration of the Term of the Tenancy, compensation at the rate equivalent to double the Rent applicable prior to the termination of the tenancy subject to the aforesaid in Section 3.1.4 and subject to the fact that if the Object of the Lease is leased to an alternative lessee pursuant to and subject to the provisions hereof, the Lessee shall only pay the difference in rent between the amount prescribed in the Lease and the rent due to be collected from the alternative lessee.

Breaches and Remedies. 9.1 The 20.1 Without derogating from any of the provisions of this Agreement, should the Contracts Agreement be breached, and should the breach not be remedied within 30 (Remedies for Breach of Contractorthirty) Law 5731–1970 days from the date on which the injured party gave an instruction, in writing, to the breaching party to remedy the breach, the injured party may cancel the Agreement, and the provisions of the Contracts (General Part) Law 5733– 1973 section 17 above shall apply with regard to the vacation of the Leased Premises. 20.2 Without derogating from the provisions of section 8.6 above, any obligation imposed pursuant to this Lease. 9.2 The parties agree that should any Agreement on either of the parties be (hereinafter: the “Liable Party”), where the Liable Party failed to comply therewith at such time as determined for compliance therewith, the other party (hereinafter: the “Performing Party”) may, but is not obligated to, comply with the obligation, in default by more than 14 days whole or in respect of any part, instead of the payments whatsoever which it Liable Party, provided that the Performing Parties shall first give an extension in writing of 14 (fourteen) days to the Liable Party, to comply with the obligation. The Liable Party shall reimburse the Performing Party for all of its expenses in connection with the compliance with the said obligation. For the purpose of this subsection, “compliance with the obligation” means – including the performance of an act or the payment of money. 20.3 Any remedy or right conferred on a party to this Agreement in connection with a breach of the Agreement by the other party come in addition to any other remedy conferred on the said party, whether pursuant to this Agreement or pursuant to any law, and they shall not derogate therefrom. The parties hereby declare that their intention in this Agreement is obliged to effect hereunderallow each party to enforce, in any event of a breach, the maximum remedies available pursuant to law or this Agreement, whether concurrently, cumulatively or alternatively, all in its sole discretion, and all unless otherwise expressly stated in this Agreement. 20.4 In any event of the cancellation of this Agreement due to breach thereof by a party to this Agreement, the other party shall be entitled to interest at the rate equivalent to the maximum interest rate prevailing at such time at Bank Leumi Ltd. with regard to unauthorized credit outside the normal credit framework, on sums in respect of which such party is in arrears, in addition to and without derogating from any other right vested and/or additional period [Translator’s Note: apparent error in the other party hereunder and/or under any law. 9.3 In any event of the cancellation of the Lessee's rights hereunder, Hebrew; presumably should read “relief”] available to it pursuant to law due to the Lessee's [sic] fundamental breach thereof, the Lessor shall be entitled to any additional remedy vested in it by law on account of the breach, including the relief a remedy of compensation, restitution, an injunction and injunction, a mandatory mandamus order or a declaratory order. 9.4 In any event of the cancellation of the Lessee's rights pursuant to this Lease, due to the Lessee's [sic] breach thereof, the Lessor shall be entitled to any additional remedy vested in it by law on account of the breach, including the relief of compensation, an injunction and a mandatory order. Notwithstanding all the aforesaid herein and in addition thereto, in the event of the Lessee's breach on account of which the Lessee is evicted from the Object of the Lease before the expiration of the Term of the Tenancy, the Lessee shall be obliged to pay the Lessor, for the period from the date of the vacation until the expiration of the Term of the Tenancy, compensation at the rate equivalent to double the Rent applicable prior to the termination of the tenancy subject to the aforesaid in Section 3.1.4 and subject to the fact that if the Object of the Lease is leased to an alternative lessee pursuant to and subject to the provisions hereof, the Lessee shall only pay the difference in rent between the amount prescribed in the Lease and the rent due to be collected from the alternative lessee.

Breaches and Remedies. 9.1 The provisions of A. If the Contracts (Remedies for Breach of Contractor) Law 5731–1970 and the provisions of the Contracts (General Part) Law 5733– 1973 shall apply to this Lease. 9.2 The parties agree that should any of the parties be Tenant does not pay in default by more than 14 days in respect of a timely manner any of the payments whatsoever for which it is obliged liable pursuant to effect hereunderthis contract, then the other party following provisions shall be entitled apply: 1) Any amount owed by the Tenant to interest the Landlord according to this contract and which remains unpaid at the requisite time shall incur interest for delay at the maximal rate equivalent to the maximum interest rate prevailing conventional at such that time at Bank Leumi Le’Israel Ltd. with regard to unauthorized credit outside deviations commencing on the normal credit frameworkseventh business day from the date for the payment as prescribed in this contract and until its actual discharge with the addition of value added tax according to law (hereinbefore and hereinafter – the “Interest”). 2) In the event that the Tenant does not discharge any of its obligations pursuant to this contract including the payments for which it is responsible to any person, the Landlord shall be entitled but not obligated after issuing preliminary notice to the Tenant of 14 (fourteen) days to satisfy any payment and/or obligation as aforesaid in its discretion and to obligate the Tenant to pay any amount that was satisfied by it as aforesaid with the addition of Linkage Differentials (as stated in clause 7) or Interest (as stated in clause 22(A)(1) above) from the date on sums which the payment was made and until receiving the reimbursement in respect practice. 3) The provisions of this clause shall be reciprocal, i.e. they shall apply also in cases in which such party the Landlord does not satisfy in a timely manner any of the payments which it is obligated to make to the Tenant according to this contract and/or pursuant to any law. B. Without derogating from the foregoing, a breach of the provisions of clauses 3,4,5,6,7,9,10,11,12,13,14,16,20 of this contract by the Tenant, in arrearswhole or in part, constitutes a fundamental breach penetrating to the root of this contract. C. Without derogating from the provisions of sub-clause (a) above, if the Tenant breaches this contract in a fundamental manner, and if as aforesaid the breach is not cured within 30 (thirty) days of the date of the Landlord’s notice, then the Landlord will be entitled to annul the Agreement. If the Agreement is duly annulled as aforesaid, the Landlord shall be entitled to the following reliefs, in whole or in part, at its sole discretion and according to the circumstances: 1) The Landlord shall not give the Tenant possession of the Premises on the Rental Period Commencement Date and/or shall terminate the Rental Period or the option period as applicable; the Landlord shall evict the Tenant immediately and will retrieve the Premises to its custody. 2) The Tenant shall pay the Landlord on the date of evacuation or non-delivery of possession as applicable, in addition to any other damage that will be caused to it, liquidated damages at the rate of three months’ rent, calculated on the basis of the Tenant’s latest Rental Fees before the breach, in addition to VAT and Linkage Differentials until the actual date of vacating the Premises or the date of payment of the above-mentioned liquidated damages, whichever is the later. D. The reliefs granted to the Landlord in accordance with this foregoing clause shall also apply upon the occurrence of any of the following events: 1) Any execution proceedings shall be instituted against a substantial portion of the Tenant’s property, as a result of which the Tenant shall not be able to fulfill its undertakings under this contract, and such proceedings shall not be terminated within 180 (one hundred eighty) days. 2) Dissolution proceedings (whether temporary or permanent) shall be instituted against the Tenant, and such proceedings shall not be terminated within 180 (one hundred eighty) days of the date of their authorization by the competent court. 3) A (temporary or permanent) receiver shall be appointed with respect to the Tenant and/or a substantial portion of its property and such appointment shall not be revoked within 180 (one hundred eighty) days from the date on which the receiver is appointed by the competent court. E. Without derogating from any of the Landlord’s entitlements and without derogating from the foregoing provisions, if the Tenant does not vacate the Premises at the end of the Rental Period or at a time stated in this contract above in general and in this clause in particular, the Tenant shall pay all of the sums, the payments and the taxes for which it is liable according to this contract. F. The reliefs stipulated in this clause above are in addition to any other right vested and/or additional relief afforded to the parties in the other party hereunder accordance with this contract and/or under pursuant to any law. 9.3 In G. Notwithstanding everything stated in this contract and the provisions of any law, in any event of the cancellation a breach of this contract by one of the Lessee's rights hereunder, due parties the other party is unable to annul this contract otherwise than by delivering to the Lessee's [sic] fundamental infringing party written notification containing details of the essence of the breach thereof, the Lessor shall be entitled as well as a period of 30 days to any additional remedy vested in it by law on account of cure the breach, including and provided the relief of compensation, an injunction and a mandatory order. 9.4 In any event infringing party has not cured the breach in the course of the cancellation of the Lessee's rights pursuant to this Lease, due to the Lessee's [sic] breach thereof, the Lessor shall be entitled to any additional remedy vested in it by law on account of the breach, including the relief of compensation, an injunction and a mandatory order. Notwithstanding all the aforesaid herein and in addition thereto, in the event of the Lessee's breach on account of which the Lessee is evicted from the Object of the Lease before the expiration of the Term of the Tenancy, the Lessee shall be obliged to pay the Lessor, for the period from the date of the vacation until the expiration of the Term of the Tenancy, compensation at the rate equivalent to double the Rent applicable prior to the termination of the tenancy subject to the aforesaid in Section 3.1.4 and subject to the fact that if the Object of the Lease is leased to an alternative lessee pursuant to and subject to the provisions hereof, the Lessee shall only pay the difference in rent between the amount prescribed in the Lease and the rent due to be collected from the alternative lesseewarning period.

Breaches and Remedies. 9.1 The provisions of a. In the Contracts (Remedies for Breach of Contractor) Law 5731–1970 and event that the provisions of Lessee shall breach or shall fail to fulfill a material provision or condition listed hereunder or shall do so through any other user - the Contracts (General Part) Law 5733– 1973 shall apply to this Lease. 9.2 The parties agree that should any of the parties be in default by more than 14 days in respect of any of the payments whatsoever which it is obliged to effect hereunder, the other party Lessor shall be entitled to interest at the rate equivalent to the maximum interest rate prevailing at such time at Bank Leumi Ltd. with regard to unauthorized credit outside the normal credit framework, on sums in respect of which such party is in arrearsentitled, in addition to and without derogating from any other right vested in the other party hereunder and/or under any law. 9.3 In any event of the cancellation of the Lessee's rights hereunderremedy, due to the Lessee's [sic] fundamental breach thereof, the Lessor shall be entitled to any additional remedy vested in it by law on account of the breach, including the relief of compensation, an injunction and a mandatory order. 9.4 In any event of the cancellation of the Lessee's rights pursuant to this Lease, due to the Lessee's [sic] breach thereof, the Lessor shall be entitled to any additional remedy vested in it by law on account of the breach, including the relief of compensation, an injunction and a mandatory order. Notwithstanding all the aforesaid herein and in addition thereto, in the event of the Lessee's breach on account of which demand that the Lessee is evicted from vacate the Object of the Lease before the expiration of the Term of the Tenancy, Leased Premises forthwith and the Lessee shall be obliged to pay vacate the Lessorsame as early as possible, and no later than 30 (thirty) days after the date of receipt of the demand. b. The provisions of clauses 2, 5, 7, 10, 15 and 17 are fundamental conditions of this agreement, as are the dates stated therein. c. The provisions of this clause shall not derogate from any remedy or relief set out in other clauses of this agreement. d. All remedies available to the Lessor under the terms of this agreement are separate and independent and/or supplementary and do not derogate from any remedy and/or relief, whether lawful or contractual. e. In addition to, and without derogating from the provisions of this agreement, each of the following events shall also be deemed as a fundamental breach of this agreement: 1. The passing of a resolution of voluntary dissolution by the Lessee and/or the filing of an application for dissolution, whether by the Lessee or by a creditor and/or the appointment of a temporary liquidator for the period Lessee and/or the filing of an application for receivership and/or an application to declare the Lessee bankrupt, as the case may be. 2. The attachment of a material asset of the Lessee's by a court or an execution office, which is not revoked within 30 days from the date of placement thereof. 3. The foreclosure of a material asset of the Lessee's and/or the institution of proceedings for the foreclosure of an asset as aforesaid, by a creditor of the Lessee's. 4. A change in the composition or rate of holdings of the Lessee's shareholders exceeding 50%, whether at once or in stages, save for public offerings. The Lessee hereby undertakes to inform the Lessor immediately upon any demand and/or application and/or upon the occurrence of any of the events listed in clauses 1-4 above. Notwithstanding the provisions of sub-clauses 1-4 above, the Lessor shall take no action for 180 days from the date of occurrence of any event under these clauses if it shall receive a declaration from a lawyer or CPA of the Lessee whereby the event shall not compromise the Lessee's ability to fulfill the undertakings thereof under this agreement. The declaration of the lawyer or the CPA shall be given, in this case, within 7 days from the date of the vacation until the expiration of the Term of the Tenancy, compensation at the rate equivalent to double the Rent applicable prior to the termination of the tenancy subject to the aforesaid in Section 3.1.4 and subject to the fact that if the Object of the Lease is leased to an alternative lessee pursuant to and subject to the provisions hereof, the Lessee shall only pay the difference in rent between the amount prescribed in the Lease and the rent due to be collected Lessor's demand from the alternative lesseeLessee. f. The Lessee hereby waives his right to setoff under any law.