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.
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.