Missouri 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 Missouri Default Remedy Clause is a legal provision aimed at protecting the rights of parties involved in a contract in the case of default by one party. This clause outlines the remedies available to the non-defaulting party, specifying the actions they can take to enforce the terms of the agreement or seek compensation for the breach. The Missouri Default Remedy Clause serves as a protective measure, ensuring that both parties are aware of the consequences if either fails to fulfill their obligations. By including this clause in a contract, it becomes legally binding and allows for smoother dispute resolution in case of default. There are various types of Default Remedy Clauses that can be customized to suit specific agreements and circumstances in Missouri: 1. Termination Clause: This type of Default Remedy Clause allows the non-defaulting party to terminate the contract in the event of a breach. Termination can occur immediately or after a specified cure period, giving the defaulting party a chance to rectify the breach. 2. Damages Clause: This clause provides the non-defaulting party with the right to seek monetary compensation for losses incurred due to the default. The damages may include actual costs, foreseeable damages, or liquidated damages set in advance as a reasonable estimate of the potential harm caused by the breach. 3. Specific Performance Clause: In certain cases, the non-defaulting party may prefer specific performance rather than monetary compensation. This clause allows them to request that the defaulting party fulfill their obligations as outlined in the contract. 4. Cure Period Clause: This type of Default Remedy Clause grants the defaulting party a specified period to cure the breach. During this time, they have the opportunity to rectify the default and fulfill their obligations without facing any immediate consequences. 5. Mediation or Arbitration Clause: Some contracts include a mediation or arbitration clause within the Default Remedy Clause. This indicates that, in the event of a default, the parties agree to resolve their disputes through alternative means of dispute resolution, such as mediation or arbitration, rather than going to court. The Missouri Default Remedy Clause provides clarity and protection to parties engaged in contractual agreements. It ensures that both parties have an understanding of the consequences of default and facilitates a fair resolution process in case of breach.

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FAQ

Creditors in Missouri must send consumers a notice called the ?Notice of Default and Right to Cure? before they can repossess a vehicle. This notice can only be sent after the consumer has been in default for 10 days or more and it also provides them with a period of 20 days to cure the default.

? A default judgment may be entered in favor of a party filing a claim upon appearance by such party in person or by attorney upon written oath made by such party or upon such evidence as may be determined by the judge when the opposing party has been duly and timely served with summons and does not appear in court on ...

This notice can only be sent after the consumer has been in default for 10 days or more and it also provides them with a period of 20 days to cure the default. If the consumer can pay off their balance within 20 days, their vehicle will be safe from repossession.

In addition to any other right under law to rescind a contract, an owner has the right to cancel a contract until midnight of the third business day after the day on which the owner signs a contract which complies with section 407.938.

The legal right to cure is a principle founded in contract law that allows one party in a contract, who has defaulted under a contract provision, to remedy their default by taking steps to ensure compliance or otherwise, cure the default.

In addition to any other right under law to rescind a contract, an owner has the right to cancel a contract until midnight of the third business day after the day on which the owner signs a contract which complies with section 407.938.

Until expiration of the minimum applicable period after the notice is given, the borrower or cosigner may cure all defaults consisting of a failure to make the required payment by tendering the amount of all unpaid sums due at the time of the tender, without acceleration, plus any unpaid delinquency or deferral charges ...

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(1) To remedy a tenant's default in the payment of rent due to the landlord, pursuant to the rental agreement;. (2) To restore the dwelling unit to its ... Did the NOTICE OF DEFAULT & RIGHT TO CURE give the customer at least 20 days to cure the default? If not, you have to send the borrower one that does before you ...A Q&A guide to state law on basic contract principles and breach of contract issues under Missouri common law. This guide addresses contract formation, ... Parties typically negotiate a liquidated damages provision into a sale of goods or other agreement where it may be difficult to estimate the damages that a non- ... Oct 25, 2018 — This seminar examines remedies when the lease is breached. Often landlords and tenants believe they have an “iron clad” remedy to come to ... 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 ... (a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is ... Nov 1, 2019 — Many tenants and landlords in Missouri have been waiting for more guidance regarding the enforceability of the implied warranty of habitability ... Cover--substitute goods. Section 400.2A-519. Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods.

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Missouri Default Remedy Clause