Arkansas Default Remedy Clause

State:
Multi-State
Control #:
US-OL14031
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Word; 
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Description

This office lease form is a standard default remedy clause, providing for the collection of the difference between the rent due and owing under the lease and the rents collected in the event of mitigation.

The Arkansas Default Remedy Clause is a legal provision that outlines the remedies available to a party in the event of a default or breach of contract in the state of Arkansas. It serves as a form of protection for parties involved in a contractual agreement, ensuring that appropriate actions can be taken when one party fails to fulfill their obligations. In Arkansas, there are various types of Default Remedy Clauses that parties can include in their contracts depending on their specific requirements and preferences. These clauses provide clarity on the available remedies and the process for invoking them. Here are some common types of Arkansas Default Remedy Clauses: 1. Payment Default Remedy Clause: This type of clause is typically included in contracts involving financial agreements, such as loans or credit agreements. It specifies the actions that can be taken if a party defaults on payment obligations, including late fees, interest, or the acceleration of the remaining debt. 2. Performance Default Remedy Clause: This clause is relevant in contracts where one party fails to perform or deliver goods or services as agreed. It outlines the remedies available to the non-breaching party, such as seeking specific performance, terminating the contract, or pursuing damages for losses incurred as a result of the breach. 3. Notice Default Remedy Clause: Contracts often include a notice provision that requires the non-breaching party to provide a written notice to the breaching party, giving them an opportunity to cure the breach within a specified timeframe. This type of clause allows parties to rectify the breach before resorting to legal actions. 4. Arbitration or Mediation Default Remedy Clause: In some cases, parties may include a clause requiring them to attempt alternative dispute resolution methods, such as arbitration or mediation, before pursuing litigation. These clauses provide a framework for resolving disputes efficiently and cost-effectively. 5. Termination Default Remedy Clause: This type of clause allows a party to terminate the contract if the other party defaults. It typically specifies the conditions that must be met for termination, the notice period required, and the consequences of termination, such as payment terms or liquidated damages. It is important for individuals and businesses entering into contracts in Arkansas to carefully consider the inclusion of a Default Remedy Clause that aligns with their specific needs and objectives. Seeking legal advice or consulting with a contract attorney can help ensure that the clause is drafted accurately and appropriately addresses potential breaches or defaults.

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FAQ

Default means any condition or event that, with the giving of notice or the lapse of time or both, would constitute an Event of Default. Default means any event or condition which upon notice, lapse of time or both would constitute an Event of Default.

Other remedies that lenders can consider if an event of default exists under a loan agreement are: Refusing to make further loans or issue additional letters of credit. Accelerating the borrower's loan repayment obligations. Requiring the borrower to cash collateralize undrawn and unexpired letters of credit.

The Agreement has several available remedies for the buyer and seller in the event of default. The options include (1) declaring the Agreement null and void, (2) termination of the Agreement, (3) specific performance, and (4) stipulated damages.

A ?default? is a failure to comply with a provision in the lease. ?Curing? or ?remedying? the default means correcting the failure or omission. A common example is a failure to pay the rent on time.

How can an event of default be cured? Agreements typically allow the defaulting party an opportunity to cure or remedy the default within a certain period before negative consequences apply. The grace period could be days, weeks, or longer, and some agreements allow for a maximum number of cures.

A default clause is a provision in a legal contract that states what will happen if either party in a contract defaults or fails to hold up their end of the agreement. These clauses can be found in any type of contract including loan agreements, lease agreements, and property agreements.

There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.

An event of default is a circumstance allowing a lender to demand full repayment of any balance due before the due date. In general, a default clause lets the non-breaching party do one of the following: Terminate the agreement. Request damages.

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This rule permits only the court to enter default judgment as opposed to the federal practice which permits the clerk to enter judgment in certain instances. Under the FAR Termination for Default Clause, the government can exercise its right to completely or partially terminate a contract because of the contractor's ...The court in which a judgment, other than a default judgment [which may be set aside in accordance with Rule 55(c) ] has been rendered or order made shall have ... by GE Pasvogel Jr · 1986 · Cited by 5 — Upon default, the mortgagee must bring a foreclosure action in chancery, join all parties having an inter- est in the property, and have the property sold at ... by R Isham · 1981 · Cited by 3 — Chief among these remedies is forfeiture, which allows the seller to cancel the contract and repossess the property, while re- taining payments and improvements ... by JJ FITTANTE JR · 2009 · Cited by 7 — As long as the franchisee has been given the minimum required time period to complete the first step, its failure to complete the first step or an interim step ... defaults. Similarly, the cure periods in Arkansas are decreased to 10 days in the case of multiple defaults in a 12-month period. These states also require ... •Manufacturer can't just go out of business—customers expect him to fill orders ... •Implicit in contracts that if the ―significance of a default is grievously ... disbursements or otherwise out of which the bank is entitled to remedy defaults, for loan limit ... Insert default or acceleration clause subject to use, storage, ... Oct 25, 2017 — In most cases when lenders are at the point of exercising remedies, the borrower is past the point of being able to cure the event of default.

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Arkansas Default Remedy Clause