Louisiana Onerous Approach to Default Remedy Clause

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Multi-State
Control #:
US-OL14032
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Description

This office lease clause is an onerous approach to a default remedies clause. This clause is similar to those found in many New York City landlord office lease forms.

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FAQ

Natural drainage. An estate situated below is the servient estate and is bound to receive the surface waters that flow naturally from a dominant estate situated above unless an act of man has created the flow. Acts 1977, No.

Unless otherwise agreed, a secured party has, on default, the right to take possession of the collateral. In taking possession, a secured party may proceed without judicial process if this can be done without a breach of the peace or may proceed by other remedies available by law.

CODE art. 2276. The parol evidence rule involves the relationship "between a written instrument and data extrinsic to the writing,"' objected to as tending to contradict or add to the writing.

Property acquired during a marriage is presumed to be community property under Louisiana law, except for gifts or inheritances that were specifically given to just one spouse. Beginning at marriage and terminating retroactively to the filing of any divorce.

Enclosed estate; right of passage. The owner of an estate that has no access to a public road or utility may claim a right of passage over neighboring property to the nearest public road or utility.

A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

2531. A seller who did not know that the thing he sold had a defect is only bound to repair, remedy, or correct the defect.

2336. Minimum price; second offering. Except as provided in Article 2332, the property shall not be sold if the price bid by the highest bidder is less than two-thirds of the appraised value.

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Louisiana Onerous Approach to Default Remedy Clause