BY BREACH Clause Samples
The "BY BREACH" clause defines the rights and procedures available to a party when the other party fails to fulfill its contractual obligations. Typically, this clause outlines what constitutes a breach, the steps required to notify the breaching party, and any opportunities for the breaching party to remedy the situation within a specified period. Its core function is to provide a clear mechanism for addressing contract violations, thereby protecting the interests of the non-breaching party and ensuring accountability within the agreement.
BY BREACH. In the event either party shall materially breach any of the terms, conditions and agreements contained in this Agreement to be kept, observed and performed by it, then the other party may terminate this Agreement, at its option and without prejudice to any of its other legal and equitable rights and remedies, by giving the party who committed the breach sixty (60) days notice in writing, particularly specifying the breach, unless the notified party within such sixty (60) days period shall have rectified the breach.
BY BREACH i. If either the Landlord or the Tenant breaches a term of this Agreement, the party who did not commit a breach may end this Agreement by giving written notice of termination.
ii. The notice of termination is effective at noon on the day after delivery (“Termination Day”).
iii. If the breach is non-payment of rent, then if the Tenant pays all of the rent owing in full by noon on the Termination Day, then this Agreement remains in force, and the notice to terminate is not effective to end this Agreement. If, however, the Tenant pays the rent late on more than two occasions, the Landlord can choose to terminate the Agreement, and the Tenant must vacate the premises by noon on the Termination Day as specified in the notice.
BY BREACH. In the event either party shall materially breach any of the terms, conditions or agreements contained herein to be kept, observed and performed by it, then the other party may give written notice thereof to the breaching party. If the breaching party has not cured the breach within sixty (60) days after receipt of such notice, then the non-breaching party may commence arbitration of such matter pursuant to the arbitration provisions set forth in Section 5 above.
BY BREACH. In the event either party shall materially breach any of the terms, conditions and agreements contained in this Agreement to be kept, observed and performed by it, then the other party may terminate this Agreement, at its option and without prejudice to any of its other legal and equitable rights and remedies, by giving the party who committed the breach [***] notice in writing, particularly specifying the breach, unless the notified party within such [***] period shall have rectified the breach.
BY BREACH. If Licensee or Licensor shall breach any of --------- the covenants contained in this Agreement to be performed by either of them, Licensee or Licensor, as the case may be, may terminate this Agreement, at its option and without prejudice to any of its other legal or equitable rights and remedies, by giving the other party thirty (30) days' prior written notice of such breach and termination unless the other party within such period shall have rectified such breach to the other party's reasonable satisfaction.
BY BREACH. The Agreement may be terminated immediately by breach of this Agreement or violation of the Resident Handbook in matters of safety or emergency.