Common use of TERMINATION, BREACH OF AGREEMENT Clause in Contracts

TERMINATION, BREACH OF AGREEMENT. All covenants and provisions of this Agreement are material and independent. Should the Resident or anyone on or about the Development because of Resident at any time breach any of the covenants, agreements, undertakings and/or provisions of this Agreement, or should the Resident or anyone on or about the Development because of Resident, engage in conduct that is unreasonable, annoying, objectionable or improper or interferes with the rights, comfort, quiet and convenience of other residents or the property rights of the Owner or any person lawfully in the Development, then the Owner shall have the right to terminate this Agreement by giving to the Resident a written notice demanding that Resident vacate the Home. The notice shall state the nature of the breach, and the Term of this Agreement shall terminate as provided in such notice in accordance with applicable state law. The notice shall be delivered to the Resident personally, by registered or certified mail (return receipt requested) or by leaving it at the Home. If after delivery of said notice, Resident fails to vacate the Home on the date specified, Owner shall then be entitled, without any further notice to Resident, to exercise the summary remedy provided by law against Resident as a Resident holding over. If Resident fails to pay the Monthly Rent when due, Owner may, without notice to Resident, institute any appropriate court action for any or all of the following: (i) repossession of the Home; (ii) all Annual Rent or Monthly Rent then due; and (iii) all other damages sustained by Owner. In the event the Resident’s right to occupy the Home is terminated by court action, or if Resident vacates the Home voluntarily, Owner may re-enter and re-let the Home for such rent and upon such terms as the Owner, in its sole discretion, believes reasonable. Resident shall remain liable for any deficiency in Annual Rent or for any other amounts due the Owner pursuant to the Agreement, including, but not limited to, court costs and attorney(s) fees, all other costs directly or indirectly incurred by the Owner in re-letting the Home, and any other damages sustained by the Owner because of the Resident’s use, occupancy and vacation of the Home. After totaling all said amounts through the end of the Term, the rent paid by the replacement resident(s) shall be credited to said total amount. Resident shall then pay to the Owner any remaining balance after application of the aforesaid credit.

TERMINATION, BREACH OF AGREEMENT. All covenants and provisions of this Agreement are material and independent. Should the Resident or anyone on or about the Development because of Resident at any time breach any of the covenants, agreements, undertakings and/or provisions of this Agreement, or should the Resident or anyone on or about the Development because of Resident, engage in conduct that is unreasonable, annoying, objectionable or improper or interferes with the rights, comfort, quiet and convenience of other residents or the property rights of the Owner or any person lawfully in the Development, then the Owner shall have the right to terminate this Agreement by giving to the Resident a written notice demanding that Resident vacate the Home. The notice shall state the nature of the breach, and the Term of this Agreement shall terminate as provided in such notice in accordance with applicable state law. The notice shall be delivered to the Resident personally, by registered or certified mail (return receipt requested) or by leaving it at the Home. If after delivery of said notice, Resident fails to vacate the Home on the date specified, Owner shall then be entitled, without any further notice to Resident, to exercise the summary remedy provided by law against Resident as a Resident holding over. If Resident fails to pay the Monthly Rent when due, Owner may, without notice to Resident, institute any appropriate court action for any or all of the following: (i) repossession of the Home; (ii) all Annual Rent or Monthly Rent then due; and (iii) all other damages sustained by Owner. In the event the Resident’s right to occupy the Home is terminated by court action, or if Resident vacates the Home voluntarily, Owner may re-enter and re-let the Home for such rent and upon such terms as the Owner, in its sole discretion, believes reasonable. Resident shall remain liable for any deficiency in Annual Rent annual rent or for any other amounts due the Owner pursuant to the Agreement, including, but not limited to, court costs and attorney(s) fees, all other costs directly or indirectly incurred by the Owner in re-letting the Home, and any other damages sustained by the Owner because of the Resident’s use, occupancy and vacation of the Home. After totaling all said amounts through the end of the Term, the rent paid by the replacement resident(s) shall be credited to said total amount. Resident shall then pay to the Owner any remaining balance after application of the aforesaid credit.