Default by the Lessor Clause Samples
The "Default by the Lessor" clause defines the circumstances under which the lessor (the property owner or landlord) is considered to have failed to meet their obligations under the lease agreement. This typically includes situations such as the lessor not performing required maintenance, failing to provide access to the premises, or breaching other material terms of the lease. If a default occurs, the clause usually outlines the remedies available to the lessee, such as the right to terminate the lease, withhold rent, or seek damages. The core function of this clause is to protect the lessee by ensuring there are clear consequences and remedies if the lessor does not fulfill their contractual duties.
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Default by the Lessor. The Lessor’s failure to perform or observe any of the Lessor’s obligations under this Lease after a period of thirty (30) days after the Lessor receives written notice from Lessee shall be a default by the Lessor. Upon the happening of a default by the Lessor, the Lessee shall have the right, but not the obligation, to perform the Lessor’s obligation and deduct any cost incurred by the Lessee from the Rent due hereunder. In addition, the Lessee may pursue any other legal or equitable remedies, including terminating this Lease.
Default by the Lessor. The Lessor will be in default under this Lease and will for all purposes have committed an Event of Default if:
15.2.1. the Lessor breaches any Essential Term; or
15.2.2. the Lessor breaches any other term of this Lease and fails to remedy the same within fourteen (14) days of being requested so to do by the Lessee;
15.2.3. the Lessor is wound up, has an administrator appointed to it, a receiver appointed to any of its assets or becomes insolvent;
15.2.4. the Lessor is held liable under any Claim for an amount exceeding one Thousand Dollars ($1,000.00) and such judgment is not satisfied within twenty eight (28) days of it being entered;
15.2.5. the Lessor is fined by any Court for any offence under any Legislation or Regulations in respect of any act or omission on its part.
Default by the Lessor. Where an event of default under Clause 9.2.1 above occurs on the part of the Lessor:
(a) to the extent that such default has caused losses or damages to the Lessee but the Lessee’s enjoyment of the Land remains unaffected, the Lessee shall notify the Lessor of the nature of its losses or damages by providing clear details thereof and the parties shall use their best endeavour to amicably settle the matter within a reasonable period of time. If the matter shall remain unresolved and the parties fails to agree on a settlement of the matter, then, it shall be lawful for the Lessee at any time thereafter to give notice in writing to the Lessor specifying the relevant default and requiring the Lessor to remedy the default within a period of thirty (30) days and if the Lessor fails to remedy the default within such period, the Lessee shall has the right to seek for any remedy under the laws for such losses or damages by having the matter referred to arbitration under the auspicious of Kuala Lumpur Regional Centre for Arbitration and the Arbitration Act, 2005 shall apply. For the avoidance of doubt, the Lessee shall not have the right to terminate this Agreement due to any default pursuant to this Clause.
(b) where the nature of such default of the Lessor affects the material right of the Lessee under this Agreement and prevents its peaceful enjoyment of the Land and as a result, the Lessee is restrained and prevented from running and conducting its business activities on the Land, the Lessee shall give notice in writing to the Lessor specifying the breach and requiring the Lessor to remedy the default within the period of sixty (60) days from the date of the notice. Failure of the Lessor to remedy such default within the prescribed period shall entitle the Lessee to terminate this Agreement and Clause 9.2.4(b) below shall apply.
Default by the Lessor. The occurrence of any one or more of the following events shall constitute a default (each a "Lessor Event of Default") and breach of this Agreement by the Lessor: The Lessor commits any material breach of any of its obligations under this Agreement, which is not remedied within sixty (60) Days after notice by the Lessee to the Lessor, which notice states that a material breach of this Agreement has occurred that could result in termination of the Agreement, identifies the breach in question in reasonable detail and demands remedy thereof.
Default by the Lessor. (a) Each of the following events and circumstances constitutes an event of default by the Lessor (a “Lessor Event of Default”) under this Contract:
(i) becoming subject to any act of insolvency or bankruptcy, dissolution or liquidation voluntary or otherwise;
(ii) having a receiver, trustee, custodian or similar agent appointed on account of insolvency or in respect of any property;
(iii) making a general assignment for the benefit of creditors;
(iv) committing a breach of Anti- Corruption Laws;
(v) failing to comply with any request, instruction or order of OPG’s Representative;
(vi) failing to pay accounts relating to the Equipment or Services as they come due;
(vii) failing to comply with statutes, laws, regulations, bylaws or directives of competent authorities relating to the Equipment or Services;
(viii) failing to perform the Services with skill and diligence;
(ix) any representation made by the Lessor herein that was intentionally false or misleading when made in any material respect;
(x) assigning or attempting to assign this Contract, in whole or in part, except in a manner expressly permitted in Section 13.2
(xi) failing, neglecting, refusing or being unable at any time during the term to provide reasonably adequate Lessor’s Personnel to perform the Services;
(xii) a change of ownership or control of the Lessor occurs without the prior written consent of OPG;
(xiii) failing or refusing to correct defective or deficient Equipment or Services; or
(xiv) being otherwise in default in carrying out any of its obligations under this Contract, whether such default is similar or dissimilar in nature to the causes listed previously and failing to remedy the breach to the satisfaction of OPG within ten business days following receipt of notice from OPG specifying the breach, or if the breach cannot be cured within such ten business day period, after such longer period of time as is reasonably required to cure the breach (but no longer than 60 days in any circumstances), so long as the Lessor diligently and constantly endeavours to cure the breach during such extended period.
(b) Notice that the Lessor is in default will not be required if the default relates to the bankruptcy, insolvency or financial instability of the Lessor. Other than defaults arising from Sections 11(a)(i), (ii) and (iii), OPG will provide the Lessor with ten days written notice.
(c) If the Lessor is in default under this Contract, in addition to, or as an alternative to terminating th...
Default by the Lessor. The Lessor shall not be in default unless the Lessor fails to perform obligations required of the Lessor within thirty (30) days after written notice by the Lessee to the Lessor and to the holder of any first mortgage or deed of trust covering the Premises (whose name and address will be provided to the Lessee upon written request), specifying therein the alleged failure to the Lessor to perform such obligation. Furthermore, if the nature of the obligation of the Lessor is such that more than thirty (30) days are required to affect a cure, then the Lessor shall not be in default if the Lessor commences such cure within such thirty (30) day period and thereafter prosecutes such cure to completion.
Default by the Lessor. TERMINATION OF LEASE; FORFEITURE OF PROPERTY; CONDITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 14.
Default by the Lessor. In the event that the Lessor fails to observe and perform any obligation of the Lessor under this Lease Agreement and such failure continues for a period of thirty (30)days following written notice thereof from the Lessee to the Lessor (or, in the case of an emergency, for a reasonable period under the circumstances, not to exceed forty-eight (48) hours), then the Lessee shall have a right to declare the Lessor to be in default hereunder; provided, however, that if the nature of the default is such that it is not susceptible of being fully remedied within such thirty (30)day period (or, if applicable, such forty-eight (48)hour period), then the Lessor will be afforded such additional time as may be required to fully remedy such failure so long as the Lessor commences efforts to remedy such failure within such thirty (30)day period (or, if applicable, such forty-eight (48)hour period) and, once commenced, diligently pursues such remedy until completion. Upon the occurrence of any default by the Lessor, the Lessee shall have the option todeclare the Lessor to be in default hereunder by written notice to the Lessor and, upon such declaration, to pursue any one or more of the following remedies without any further notice or demand: (a) termination of this Lease Agreement; (b) perform the obligation as to which the Lessor is in default on the Lessor 's behalf and collect the actual costs thereof from the Lessor on demand (together with interest at a rate of ten percent (10%) per annum thereon from the date of demand until paid in full), (c) assert a claim for any and all damages and losses (including incidental and consequential damages and losses) suffered or incurred by Lessee by reason of such default; (d) injunctive relief; and (e) any other right or remedy available to Lessee, under the circumstances, under applicable law.