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 Minnesota Default Remedy Clause refers to a provision included in contracts that outlines the actions that can be taken by parties involved in case of a default. It serves as a safeguard for the non-defaulting party when the other party fails to fulfill their contractual obligations. The clause provides clarity and guidance on the remedies available to the non-defaulting party. In Minnesota, there are various types of Default Remedy Clauses that can be incorporated into contracts depending on the nature of the agreement. Some commonly used clauses include: 1. Monetary Damages: This clause allows the non-defaulting party to seek financial compensation for the damages suffered as a result of the default. It may specify the method for calculating damages, such as actual damages, specific performance, or liquidated damages. 2. Right to Cure: Minnesota law may provide the defaulting party with an opportunity to cure the breach within a specified grace period. The clause outlines the conditions for cure, including the time frame and any associated costs or penalties. 3. Termination: This type of clause allows the non-defaulting party to terminate the contract due to the failure of the defaulting party to meet their obligations. It may specify the process for termination and any repercussions, such as forfeiture of deposits or future liabilities. 4. Specific Performance: In some cases, the non-defaulting party may seek specific performance, requiring the defaulting party to fulfill their obligations as stated in the contract. This clause may be applicable when monetary damages are deemed insufficient to remedy the breach. 5. Mediation or Arbitration: Some contracts may contain a provision requiring the parties to engage in mediation or arbitration before pursuing legal remedies. This clause encourages dispute resolution through alternative means and can help in resolving issues without court intervention. It is important for parties entering into contracts in Minnesota to carefully review and understand the specific Default Remedy Clause applicable to their agreement. This clause ensures that both parties are aware of their rights and obligations in case of a default, providing a clear path for resolution. Seeking legal advice is advised to ensure that the clause aligns with the unique circumstances of the contract and complies with Minnesota law.
