Kansas Default Remedy Clause

State:
Multi-State
Control #:
US-OL14031
Format:
Word; 
PDF
Instant download

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 Kansas Default Remedy Clause is an important legal provision found in contracts and agreements within the state of Kansas. It serves as a safeguard for parties involved in a contract to address potential breaches or defaults by one of the parties. The Kansas Default Remedy Clause, also commonly referred to as a Default Clause or a Breach of Contract Clause, establishes the consequences and remedies that will be enforced when a party fails to fulfill their obligations under the terms of the agreement. This clause is crucial for ensuring that the non-breaching party receives some form of compensation or remedy in the event of a default. There are various types of Kansas Default Remedy Clauses, each tailored to suit the specific needs of the parties involved. Some of these include: 1. Liquidated Damages Clause: This type of clause specifies a fixed amount of money that the breaching party must pay to the non-breaching party as compensation for the damages caused by the breach. The amount is predetermined and agreed upon by the parties during contract negotiation. 2. Specific Performance Clause: In certain circumstances, monetary compensation may not be an adequate remedy for a breach. A specific performance clause allows the non-breaching party to seek a court order compelling the breaching party to fulfill their obligations under the contract. This remedy is commonly used when the subject of the contract is unique or of high value. 3. Termination Clause: This clause enables either party to terminate the contract in the event of a breach. It may include provisions for notifying the breaching party, allowing them a specified period of time to rectify the breach before termination can occur. 4. Cure Period Clause: A cure period clause grants the breaching party a certain amount of time to cure or fix the breach before the non-breaching party can take further legal action. This clause allows the defaulting party an opportunity to remedy their breach and avoid more severe consequences. 5. Alternative Dispute Resolution Clause: This clause outlines procedures for resolving disputes arising from a breach of contract, such as mediation or arbitration. It provides an alternative to litigation and promotes a more cost-effective and efficient resolution process. As with any legal provision, it is crucial for all parties involved in a contract to carefully review and understand the Kansas Default Remedy Clause before entering into an agreement. Consulting with an experienced attorney can help ensure that the clause is properly drafted and addresses the specific needs and circumstances of the contract at hand.

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FAQ

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.

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.

The default provision sets forth the conditions under which one of the parties will not have fulfilled its obligations under the contract. For example, failing to deliver goods or services on time, or failing to pay on time would trigger a default.

Statute of limitations in contracts for sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

A clause which operates by automatically defaulting a borrower under Agreement A when it defaults under Agreement B. A cross-default provision effectively gives the lender under Agreement A the benefit of the default provisions in Agreement B. Cross-default provisions therefore have a domino effect.

For example, if a borrower defaults on his/her bank loan, the cross-default clause would cause him/her to be in default for his/her mortgage loan as well. Thus, cross-default clauses in loan agreements can easily create a domino effect for the borrowers. Default may occur in a loan agreement in several ways.

default clause is a standard clause in borrowing documents. It ensures that if a borrower formally defaults on a specific borrowing, all other borrowings with crossdefault language are automatically declared in default as well.

What Is Cross Default? Cross default is a provision in a bond indenture or loan agreement that puts a borrower in default if the borrower defaults on another obligation. For instance, a cross-default clause in a loan agreement may say that a person automatically defaults on his car loan if he defaults on his mortgage.

More info

ALS-Clare, Alterra, and Omega are parties to a Purchase Agreement and Agreement to Complete Construction dated as of June 14, 1999 (the "Purchase Agreement"), ... How to fill out Default Remedy Clause? · Be sure the form meets all the necessary state requirements. · If available preview it and read the description prior to ...Landlord shall not be in default under this Lease unless Landlord fails to cure such non-performance within thirty (30) days after receipt of Tenant's notice. 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 ... 24 Sept 2020 — 11, 2020, the Kansas Supreme Court issued an opinion that restricts lender remedies if a borrower defaults under a mortgage agreement. In ... Article 1 was revised in its entirety in the 2007 session of the Kansas legislature by repealing all of the existing sections therein and replacing the same ... by T ARNOLD · Cited by 11 — The black letter law in the U.S. is that money damages are the preferred remedy for contract breach and that specific performance is reserved for. Article 1 of Chapter 60 of the Kansas Statutes Annotated was amended during the 2010 session to conform with the style of the Federal Rules of Civil Procedure. •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 ... The rental agreement shall terminate as provided in the notice regardless of the periodic rent-paying date, except that if the breach is remediable by repairs ...

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Kansas Default Remedy Clause