Common use of Special remedy for breach Clause in Contracts

Special remedy for breach. 20.1 Should the Lessee default in any payment due under this lease or be in breach of its terms in any other way, and fail to remedy such default or breach within 20 (twenty) business days after receiving a written demand that it be remedied, the Lessor shall be entitled, without prejudice to any alternative or additional right of action or remedy available to the Lessor under the circumstances and without further notice, to cancel this lease with immediate effect, be repossessed of the Property, and recover from the Lessee damages for the default or breach. 20.2 Clause 20.1 shall not be construed as excluding the ordinary lawful consequences of a breach of this lease by either party (save any such consequences as are expressly excluded by any of the other provisions of this lease) and in particular any right of cancellation of this lease on the ground of a material breach going to the root of this lease. 20.3 In the event of the Lessor having cancelled this lease justifiably but the Lessee remaining in occupation of the Property, with or without disputing the cancellation, the Lessee will continue to make payment of the Rent and any other amounts which would have been payable to the Lessor but for the cancellation, and the Lessor may accept such payments without prejudice to and without affecting the cancellation, in all respects as if they had been payments on account of the damages suffered by the Lessor by reason of the unlawful holding over on the part of the Lessee. 20.4 The Lessor shall be entitled to recover from the Lessee all fees and expenses incurred in the collection of outstanding amounts or enforcing any of its rights in terms of this lease, on a scale as between attorney and own client. 20.5 The Lessee will be jointly and severally liable with the other tenants for any damage caused to the Shared Areas or any other part of the premises.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Special remedy for breach. 20.1 19.1 Should the Lessee default in any payment due under this lease or be in breach of its terms in any other way, and fail to remedy such default or breach within 20 (twenty) business days after receiving a written demand in terms of Art.14(2)(ii) van die CPA, that it be remedied, the Lessor shall be entitled, without prejudice to any alternative or additional right of action or remedy available to the Lessor under the circumstances and without further notice, to cancel this lease with immediate effect, be repossessed of the PropertyProperty and the Lessor's Equipment after the required notice, and recover from the Lessee damages for the default or breachbreach and the cancellation of this lease. 20.2 19.2 Clause 20.1 shall not be construed as excluding the ordinary lawful consequences of a breach of this lease by either party (save any such consequences as are expressly excluded by any of the other provisions of this lease) and in particular any right of cancellation of this lease on the ground of a material breach going to the root of this lease. 20.3 19.3 In the event of the Lessor having cancelled this lease justifiably but the Lessee remaining in occupation of the Property, with or without disputing the cancellation, the Lessee will continue and continuing to make payment tender payments of the Rent and any other amounts which would have been payable to the Lessor but for the cancellation, and the Lessor may accept such payments without prejudice to and without affecting the cancellation, in all respects as if they had been payments on account of the damages suffered by the Lessor by reason of the unlawful holding over on the part of the Lessee. 20.4 The Lessor shall be entitled to recover from the Lessee all fees and expenses incurred in the collection of outstanding amounts or enforcing any of its rights in terms of this lease, on a scale as between attorney and own client. 20.5 The Lessee will be jointly and severally liable with the other tenants for any damage caused to the Shared Areas or any other part of the premises.Lessee.13

Appears in 1 contract

Samples: Lease Agreement

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Special remedy for breach. 20.1 19.1 Should the Lessee default in any payment due under this lease or be in breach of its terms in any other way, and fail to remedy such default or breach within 20 7 (twentySeven) business days after receiving a written demand that it be remedied, the Lessor shall be entitled, without prejudice to any alternative or additional right of action or remedy available to the Lessor under the circumstances and without further notice, to cancel this lease with immediate effect, be repossessed of the PropertyProperty and the Lessor’s Equipment, and recover from the Lessee damages for the default or breachbreach and the cancellation of this lease. 20.2 19.2 Clause 20.1 19.1 shall not be construed as excluding the ordinary lawful consequences of a breach of this lease by either party (save any such consequences as are expressly excluded by any of the other provisions of this lease) and in particular any right of cancellation of this lease on the ground of a material breach going to the root of this lease. 20.3 19.3 In the event of the Lessor having cancelled this lease justifiably but the Lessee remaining in occupation of the Property, with or without disputing the cancellation, the Lessee will continue and continuing to make payment tender payments of the Rent and any other amounts which would have been payable to the Lessor but for the cancellation, and the Lessor may accept such payments without prejudice to and without affecting the cancellation, in all respects as if they had been payments on account of the damages suffered by the Lessor by reason of the unlawful holding over on the part of the Lessee. 20.4 The 19.4 Should the Lessor take any legal steps to recover any amount due by the Lessee in terms hereof or institute action for the ejectment of the Lessee or any person holding under him/her, then the Lessee shall be entitled to recover from liable for such legal costs on an attorney-and-own- client scale and also be liable for collection commission on any amount collected at the Lessee all fees and expenses incurred in rate recommended by the collection of outstanding amounts or enforcing any of its rights in terms of this lease, on a scale as between attorney and own clientCape Law Society. 20.5 The Lessee will be jointly and severally liable with the other tenants for any damage caused to the Shared Areas or any other part of the premises.

Appears in 1 contract

Samples: Lease Agreement

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