Anticipatory Breach means either (a) Tenant’s repudiation of this Lease in writing; or (b) the combination of (i) Tenant’s desertion or vacation of the Premises or removal of all or a substantial amount of Tenant’s equipment, furniture and fixtures from the Premises; and (ii) Tenant’s failure to pay any Rent under this Lease when due.
Anticipatory Breach. If the Vendor, at any time before delivery of goods or services, declares its intent not to perform in accordance with this Agreement, the County shall have an immediate cause of action for breach of this Agreement, and shall be entitled to all remedies available to it at law or in equity. Governmental Immunity: The County does not waive its governmental immunity by entering into this Agreement, and fully retains all immunities and defenses provided by law with respect to any action based upon or occurring as a result of this Agreement.
Anticipatory Breach. If the Vendor, at any time before delivery of goods or services, declares its intent not to perform in accordance with this Agreement, the Authority shall have an immediate cause of action for breach of this Agreement, and shall be entitled to all remedies available to it at law or in equity. Governmental Immunity: The Authority does not waive its governmental immunity by entering into this Agreement, and fully retains all immunities and defenses provided by law with respect to any action based upon or occurring as a result of this Agreement.
Examples of Anticipatory Breach in a sentence
HUD shall notify the DPA in writing of a default of the Agreement or Anticipatory Breach.
Anticipatory Breach When one party under the contract makes an unequivocal expression that they will perform under the contract, before performance on the contract is due.
When the promisor refuses altogether to perform his promise and signifies his unwillingness even before the time for performance has arrived, it is called Anticipatory Breach.
More Definitions of Anticipatory Breach
Anticipatory Breach. A determination in the judgment of the HUD that the DPA’s action inequivocally indicates the DPA will not perform when performance is due. Base Fee: The payments earned by the DPA for completion of Required Work (defined below), as set forth in the Agreement. Closing: Execution of all required documents necessary to implement the Firm Commitment and as further described in the Authorities and Guidance.
Anticipatory Breach. A determination in the judgment of the DAS that the actions or inactions of the DPA will result in a default under the Agreement. Base Fee: The payments earned by the DPA for completion of Required Work (defined below), as set forth in the Agreement. Closing: Execution of all required documents necessary to implement the Firm Commitment and as further described in the Guide.
Anticipatory Breach. An anticipatory breach is when a breaching party informs a non-breaching party, either implicitly or explicitly, that they will not be completing performance of the contract or fulfilling their legal obligations under the terms of a contract. If this happens, the non-breaching party can file a lawsuit against them for breach of contract. Minor or partial breach: A minor breach is when a party performs a substantial portion of the contract, but fails to satisfy a minor condition. Unlike a material or total breach, a minor breach does not significantly alter the terms of a contract. For instance, an incorrect price or similar error may result in a minor breach. Material or total breach: A material or total breach occurs when a breach is so substantial that it not only renders contract performance impossible, but also is significant enough that it gives the non-breaching party grounds to xxx. For example, suppose a buyer contracts with a seller to purchase their home, completes the necessary paperwork, and pays the seller in full. If the seller then decides not to sell their home or refuses to give up the deed or the keys to the buyer, the buyer can xxx the seller for material breach of contract. In addition, some other ways that a contract can be breached include when a contract is fraudulent, is formed illegally, contains subject matter that is unconscionable, and/or when there is a mutual or unilateral mistake about a material fact in the contract. The parties may also specify certain conditions that will trigger a breach of contract action. Finally, the question of whether a contract has been breached may also depend on various state contract law provisions and the type of contract that was formed (e.g., lease agreement, government contract, sales contract, etc.). What are the Types of Damages Awarded in Breach of Contract Cases? While a plaintiff in a breach of contract case must specify the damages they are seeking in their complaint, it is ultimately up to the court to decide what type of damages (if any) that a plaintiff should receive. One particular factor that a court will typically take into account above all others is whether a breach was substantial in nature or only a partial one. The answer to this question can help a court to determine the kind and amount of damages a plaintiff should recover. In general, the most common remedy for a breach of contract case is a monetary damages award. A simple monetary damages definition is as follows: Monet...
Anticipatory Breach. Where a party indicates in advance that they will not be performing their obligations: • Frost v Knight (1872) • Xxxxx x Xxxxxx (1855) • White and Xxxxxx Ltd v XxXxxxxx (1962)
Anticipatory Breach. A determination in the judgment of the Director that the actions or inactions of a PAE will result in an event of default under the Agreement. Base Fee: The payments earned by the PAE for completion of Required Work (defined below), as set forth in the Agreement. Centralized Closing: This is the process pursuant to which a project is transferred by a PAE to OMHAR to be closed in accordance with OMHAR’s Centralized Closing Procedures Memorandum dated May 8, 2001, as may be amended from time to time and which is incorporated by reference herein. Closing: Execution of all required documents necessary to implement the Restructuring Commitment and as further described in the Guide.
Anticipatory Breach is an unequivocal indication that the party will not perform when performance falls due, or a situation in which future non-performance is inevitable. An anticipatory breach gives the innocent party the option to immediately terminate the contract and xxx for damages, or wait for the time of performance: if the party required to perform does not perform when required by the contract, the innocent party can terminate then. Anticipatory breach or breach by anticipatory allows one person to say the contract is broken when it becomes evident the other party will not execute his or her end of the contract within the allotted time. An anticipatory breach of contract is also referred to as anticipatory repudiation. Parties claiming an anticipatory breach are obliged to make every effort to mitigate their own damages if they seek compensation in court. That could include halting payments to the party that committed the breach and immediately looking for ways to minimize the effects of breach. That might mean seeking a third party who could perform the duties outlined in the original contract.
Anticipatory Breach. This takes place when one party makes the other party aware either verbally or in writing that they will not be able to fulfill the terms of the contract. The other party is then able to immediately claim a breach of contract and pursue a remedy such as payment. It is also known as anticipatory repudiation. If there has been a breach of contract, one must first thoroughly review the contract to see if any instructions regarding the breach were built into the contract such as exclusion clauses of course, with the help of a qualified contract legal practitioner.