Failure to Deliver Premise Clause is a contractual provision that defines what happens if one party fails to supply goods or services in accordance with the terms of a contract. It sets out the rights and obligations of each party in the event of such a failure. This clause is usually found in sales contracts, but can also be found in leases, commercial contracts, and other types of agreements. The clause typically contains language which specifies the remedies available to the non-breaching party, such as the right to demand performance of the contract, terminate the contract, and/or seek damages. It may also include language which requires the breaching party to pay additional costs incurred as a result of the breach, such as the cost of transportation for the goods or services. There are two types of Failure to Deliver Premise Clause: the “absolute” clause and the “qualified” clause. The absolute clause states that if one party fails to perform the contract, the other party is entitled to all remedies available under the law, including the right to terminate the contract and seek damages. The qualified clause imposes conditions on the remedies available, such as requiring the non-breaching party to give the breaching party a reasonable period of time to deliver the goods or services before seeking other remedies.
Failure to Deliver Premise Clause
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FAQ
Condition of Premises typically establishes that as of the date of the lease, the space in question will be of a certain state (i.e. clean or empty of furniture) and can also provide the condition that the tenant only acquires the conditions specified in the lease, with no additional easements or special privileges.
Basic to all leases is the implied covenant of quiet enjoyment. This covenant ensure the tenant that his possession will not be disturbed by someone with a superior legal title to the land including the landlord.
Condition of Premises typically establishes that as of the date of the lease, the space in question will be of a certain state (i.e. clean or empty of furniture) and can also provide the condition that the tenant only acquires the conditions specified in the lease, with no additional easements or special privileges.
A condition of premises provision describes the state (such as broom clean or free of furniture, fixtures and equipment) in which the space will be in upon signing the lease.
A condition of premises provision describes the state (such as broom clean or free of furniture, fixtures and equipment) in which the space will be in upon signing the lease.
Assignments and subleases are terms for situations in which a tenant in possession of property transfers his or her right to possess that property to a third party. If the lessee transfers his or her entire remaining interest in the tenancy, then the transfer is known as an assignment.
The ?Use of Premises? clause states a few rules about how the property is used. For one, it says the property should be for ?residential purposes only? and not for an at-home business.
A commercial make good provision is a clause in a lease that requires a tenant to return a property to its original condition before handing back the keys. Make good clauses require tenants to remove their property from the space and leave the area clean and tidy.
