Material Noncompliance Sample Clauses

Material Noncompliance. In accordance with §§ 83.60(1) and 83.56(5), Fla. Stat., the material non-compliance with LL’s obligations under the lease, under applicable statutes, or under § 83.51(1), Fla. Stat., is defense to non-payment of rent. Therefore, T may properly withhold rent if LL has committed material non-compliance with the terms of the lease, however T would be required to deposit the accrued rent as alleged in the complaint or as determined by the court. Upon determining that that LL is in material non-compliance with LL’s obligations under the lease, the court may grant relief to T including termination of the lease and/or reduction of the rent. In order for T to raise the defense of material non-compliance, 1. T is required to deliver written notice to LL before the rent is due stating LL’s material non-compliance and T’s intention not to pay if any material violations not corrected within 7 days. Notice needs to be sent prior to 3 day notice otherwise defense of material noncompliance cannot be raised. Lakeway Management Company of Florida, Inc. v. Stolowilsky, 527 So. 2d 950 (Fla. 3d DCA 1988). The recent amendment to § 83.60(1)(a) does not apply to permit T to file the notice late or during the pendency of the proceedings. 2. In addition to being a complete defense to non-payment of rent, the fact finder shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of non-compliance with § 83.51(1), Fla. Stat. 3. T is not entitled merely to make repairs and deduct the cost from the rent unless expressed in lease. 4. If LL’s failure to comply renders the dwelling unit uninhabitable and T vacates, T shall not be liable for rent during the period the dwelling unit remains uninhabitable. Xxxxxxx, Inc. x. Xxxxxx, 357 So. 2d 1066 (Fla. 3d DCA 1978); Xxxxxxx x.
Sample 1
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Material Noncompliance. Subject to the limitations set forth in applicable law, if there is a material noncompliance by Tenant with this Agreement, a noncompliance with ORS 90.630 materially affecting health and safety, or a failure to pay a late charge pursuant to ORS 90.260 or a utility payment, Landlord may deliver a written notice to Tenant terminating the tenancy for cause, specifying the act and/or omission constituting the breach and stating that this Agreement will terminate upon a date not less than thirty (30) days after the date of service of the notice. If the breach may be remedied by repairs, payment of damages, payment of late charge, change in conduct or otherwise and Tenant adequately remedies the breach within thirty (30) days, this Agreement shall not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months after the date of the 30-day notice, however, Landlord may terminate this Agreement upon at least twenty (20) days’ written notice specifying the breach and the date of termination of this Agreement.
Sample 1
Material Noncompliance. (i) Mate- rial noncompliance with the lease in- cludes: (A) One or more substantial xxxxx- tions of the lease; or (B) Repeated minor violations of the lease that disrupt the livability of the building; adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the leased premises and related facilities; interfere with the management of the building or have an adverse financial effect on the building.
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Material Noncompliance. OHCS may, by written notice, extend the Affordability Period described in this Agreement for periods of time matching corresponding periods of time during which OHCS determines Owner to be in material noncompliance with any of the terms of this Agreement.
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Material Noncompliance. In the event of material noncompliance, the non- breaching party shall, prior to exercising any rights or remedies against the alleged breaching party, provide written notice identifying with specificity the nature of the material noncompliance with this Agreement. The party receiving the notice shall have thirty (30) days from receipt to cure or respond to the alleged material noncompliance, unless a longer period is mutually agreed by the parties. In the event the party receiving notice disagrees with the alleged material noncompliance, such party shall respond within the 30-day period specifying the reasons it believes it is in compliance with the terms of this Agreement. If the party fails to cure any acknowledged noncompliance within the 30-day period or such longer period as agreed to by the parties, then the non- breaching party may send notice that this Agreement shall terminate in seven (7) days unless the material noncompliance is cured within the seven (7) days. Should the parties disagree over the alleged material noncompliance, they may mutually agree to mediate or arbitrate the dispute. In addition, either party may file an action with the Circuit Court seeking any legal or equitable remedies, including but not limited to, money, an injunction, declaratory judgment or specific performance. In the discretion of the Circuit Court, the prevailing party may recover its reasonable costs and attorneys fees incurred in enforcing this Agreement.
Sample 1
Material Noncompliance. Material noncompliance includes, but is not limited to, nonpayment of Tenant Contribution (RENT) beyond any grace period available under State law; failure to reimburse the LANDLORD for repairs within the time frames specified above; repeated late payment of Tenant Contribution (RENT); permitting unauthorized people to live in the unit; serious or repeated damage to the unit or common area; creation of physical hazards; serious or repeated interference with the rights and quiet enjoyment of other TENANTS or neighbors; failure to repay unauthorized assistance payments; giving false, or failing to provide, information regarding income or other factors considered in determining rent; and illegal activity of the property or in TENANT’S apartment. Revised 03/17/2006 Page 6 of 8
Sample 1
Material Noncompliance. Upon any material noncompliance with this Agreement not involving the non-payment of rent, Landlord may terminate this Agreement and require Tenant to surrender possession of the Property to Landlord upon giving such notice as may be required pursuant to the laws of the State of Iowa. Initial: Notices Any notice from Landlord to Tenant, for which provision is made in this Rental Agreement, shall be made in writing, and forwarded by mail, postage prepaid, addressed to the Property. Any notice from Tenant to Landlord, for which provision is made in this Rental Agreement, shall be made in writing and forwarded by mail, postage prepaid, addressed to Manager the address set forth below, or such other address as Landlord or Manager may designate from time-to-time: Notice served by mail is deemed completed three (3) days after the notice is deposited in the mail and postmarked for delivery, whether the recipient signs a receipt for the notice. Any notices for which provision is made in the Iowa Uniform Residential Landlord and Tenant Act shall be made as set forth therein The provisions of this Agreement shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors, and assigns.
Sample 1
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Material Noncompliance. Upon​ any material noncompliance with this Agreement not involving the non-payment of rent, Landlord may terminate this Agreement and require Tenant to surrender possession of the Property to Landlord upon giving such notice as may be required pursuant to the laws of the State of Iowa. Initial: _______________​
Sample 1

Related to Material Noncompliance

  • Noncompliance Except as otherwise provided for in Sections 10.1, 10.3 and 10.5(b), (a) failure or neglect of any Borrower or any Guarantor or any Person to perform, keep or observe any term, provision, condition, covenant herein contained, or contained in any Other Document or any other agreement or arrangement, now or hereafter entered into between any Borrower or any Guarantor or such Person, and Agent or any Lender, or (b) failure or neglect of any Borrower to perform, keep or observe any term, provision, condition or covenant, contained in Sections 4.6, 4.7, 4.9, 6.1, 6.3, 6.4, 9.4 or 9.6 hereof which is not cured within twenty (20) days from the occurrence of such failure or neglect;

  • Significant Non-Compliance Under Article 5

  • Material An itemized list of all materials purchased and installed at the crossing location. If materials purchased are installed at multiple crossing locations, a notation must be made to identify the crossing location.

  • Material Non-Public Information Notwithstanding any other provision of this Agreement, the Company and the Agent agree that the Company shall not deliver any Issuance Notice to the Agent, and the Agent shall not be obligated to place any Shares, during any period in which the Company is in possession of material non-public information.

  • HIPAA Compliance If this Contract involves services, activities or products subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Contractor covenants that it will appropriately safeguard Protected Health Information (defined in 45 CFR 160.103), and agrees that it is subject to, and shall comply with, the provisions of 45 CFR 164 Subpart E regarding use and disclosure of Protected Health Information.

  • Compliance with Laws and Material Contractual Obligations Each Loan Party will, and will cause each Subsidiary to, (i) comply with each Requirement of Law applicable to it or its property (including without limitation Environmental Laws) and (ii) perform in all material respects its obligations under material agreements to which it is a party, except, in each case, where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. Each Loan Party will maintain in effect and enforce policies and procedures designed to ensure compliance by such Loan Party, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

  • MATERIAL SAFETY All manufacturers, importers, suppliers, or distributors of hazardous chemicals doing business in this State must provide a copy of the current Material Safety Data Sheet (MSDS) for any hazardous chemical to their direct purchasers of that chemical.

  • Compliance with Environmental Laws Except as otherwise described in the Prospectus, and except as would not, individually or in the aggregate, result in a Material Adverse Change (i) neither the Company nor any of its subsidiaries is in violation of any federal, state, local or foreign law or regulation relating to pollution or protection of human health or the environment (including, without limitation, ambient air, surface water, groundwater, land surface or subsurface strata) or wildlife, including without limitation, laws and regulations relating to emissions, discharges, releases or threatened releases of chemicals, pollutants, contaminants, wastes, toxic substances, hazardous substances, petroleum and petroleum products (collectively, “Materials of Environmental Concern”), or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Materials of Environmental Concern (collectively, “Environmental Laws”), which violation includes, but is not limited to, noncompliance with any permits or other governmental authorizations required for the operation of the business of the Company or its subsidiaries under applicable Environmental Laws, or noncompliance with the terms and conditions thereof, nor has the Company or any of its subsidiaries received any written communication, whether from a governmental authority, citizens group, employee or otherwise, that alleges that the Company or any of its subsidiaries is in violation of any Environmental Law; (ii) there is no claim, action or cause of action filed with a court or governmental authority, no investigation with respect to which the Company has received written notice, and no written notice by any person or entity alleging potential liability for investigatory costs, cleanup costs, governmental responses costs, natural resources damages, property damages, personal injuries, attorneys’ fees or penalties arising out of, based on or resulting from the presence, or release into the environment, of any Material of Environmental Concern at any location owned, leased or operated by the Company or any of its subsidiaries, now or in the past (collectively, “Environmental Claims”), pending or, to the Company’s knowledge, threatened against the Company or any of its subsidiaries or any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law; and (iii) to the best of the Company’s knowledge, there are no past or present actions, activities, circumstances, conditions, events or incidents, including, without limitation, the release, emission, discharge, presence or disposal of any Material of Environmental Concern, that reasonably could result in a violation of any Environmental Law or form the basis of a potential Environmental Claim against the Company or any of its subsidiaries or against any person or entity whose liability for any Environmental Claim the Company or any of its subsidiaries has retained or assumed either contractually or by operation of law.

  • Environmental Law Compliance The use which the Borrower or any of its Restricted Subsidiaries intends to make of any real Property owned by it will not result in the disposal or other release of any Hazardous Substance or solid waste on or to such real Property in violation of any Environmental Law, except any such violation which is not, and would not reasonably be expected to cause, a Material Adverse Change. As used herein, the term "release" as used in this Section shall have the meanings specified in CERCLA (as defined in the definition of applicable Environmental Laws), and the terms "solid waste" and "disposal" shall have the meaning specified in RCRA (as defined in the definition of applicable Environmental Laws); provided, however, that if CERCLA or RCRA is amended so as to broaden or narrow the meaning of any term defined thereby, such broader or narrower meaning shall apply subsequent to the effective date of such amendment; and provided further, to the extent that any other law applicable to the Borrower, any of its Restricted Subsidiaries or any of their properties and assets establishes a meaning for "hazardous substance," "release," "solid waste," or "disposal" which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. The Borrower and each Restricted Subsidiary agrees to indemnify and hold the Administrative Agent and each Lender harmless from and against, and to reimburse them with respect to, any and all claims, damages, losses, liabilities and expenses (including reasonable attorneys' fees and courts costs) asserted or awarded against or incurred by any of them by reason of or arising out of transactions contemplated by this Agreement and (a) the failure of the Borrower or any of its Restricted Subsidiaries to perform any obligation hereunder regarding asbestos or applicable Environmental Laws, (b) any violation by the Borrower or Restricted Subsidiary on or before the Release Date of any applicable Environmental Law in effect on or before the Release Date, and (c) any act, omission, event or circumstance existing or occurring on or prior to the Release Date, involving the presence on such real Property or release from such real Property of Hazardous Substances or solid wastes disposed of or otherwise released on or prior to the Release Date, resulting from or in connection with the ownership by the Borrower or any Restricted Subsidiary of the real Property, regardless of whether the act, omission, event or circumstance constituted a violation of any applicable Environmental Law at the time of its existence or occurrence, or whether the act, omission, event or circumstance is caused by or relates to the negligence of any indemnified Person; provided, that the Borrower shall not be under any obligation to indemnify the Administrative Agent or any Lender to the extent that any such liability arises as the result of the gross negligence or willful misconduct of such Person, as finally judicially determined by a court of competent jurisdiction. The provisions of this Section shall survive the Release Date and shall continue thereafter in full force and effect.

  • Compliance with Environmental Laws; Environmental Reports (a) Comply and use commercially reasonable efforts to cause all lessees and other persons occupying Real Property owned or operated by any Company to comply, in all material respects with all Environmental Laws and Environmental Permits applicable to its operations and property and obtain and renew all material Environmental Permits applicable to its operations and property and conduct any Response in accordance with Environmental Laws; provided, however, that no Company shall be required to undertake any Response to the extent that its obligation to do so is being contested in good faith and by proper proceedings and appropriate reserves are being maintained with respect to such circumstances in accordance with GAAP. (b) If a Default caused by reason of a breach of Section 3.17 or Section 5.09(a) shall have occurred and be continuing for more than 20 Business Days without the Companies commencing activities reasonably likely to cure such Default, at the written request of the Required Lenders through the Administrative Agent, provide to the Lenders within 45 days after such request, at the expense of Borrower, an environmental site assessment report regarding the matters which are the subject of such default, including where appropriate, any soil and/or groundwater sampling, prepared by an environmental consulting firm and in form and substance reasonably acceptable to the Administrative Agent and indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance or Response to address them in connection with such Default.

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