Texas 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 Texas Default Remedy Clause is a legal provision that is commonly included in contracts to address the potential default or breach of the agreement by one of the parties involved. This clause outlines the specific remedies or actions that can be taken by the non-breaching party in the event of a default. It serves as a safeguard mechanism to protect the interests of the parties involved and to provide a clear course of action to rectify any breaches. There are different types of Texas Default Remedy Clauses that may be used depending on the nature of the contract and the intentions of the parties involved. Some common types include: 1. Damages Clause: This type of clause specifies the monetary amount that the breaching party must pay as compensation for the damages caused by the default. It may include provisions for both actual damages (direct losses) and consequential damages (indirect losses). 2. Specific Performance Clause: This clause allows the non-breaching party to seek a court order compelling the breaching party to fulfill their obligations as outlined in the contract. It is often used in situations where monetary compensation alone would not adequately remedy the breach. 3. Termination Clause: This clause enables the non-breaching party to terminate the contract in the event of a default. It provides the legal authority to dissolve the agreement and end any further obligations or commitments between the parties. 4. Cure Period Clause: This type of clause grants the breaching party a specified amount of time to rectify the breach or default. During this period, the non-breaching party typically cannot take any additional actions against the breaching party. It is important to carefully consider and draft a Texas Default Remedy Clause to ensure that it aligns with the specific goals and requirements of the contract. Seeking legal advice or consulting with a qualified attorney is recommended to ensure the clause adequately protects the interests of all parties involved.

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FAQ

This provision specifies the remedies for an Event of Default and also outlines the order in which available funds will be disbursed to the lenders. all outstanding borrowings become immediately due and payable. all outstanding borrowings become immediately due and payable.

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

Examples Of Equitable Remedies Remedies for such situations include rescission, specific performance, reformation, and injunction. Rescission involves the parties agreeing to void the contract and returning all the parties to the position they were in before they signed the contract.

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.

In the case of actions required to be taken by a specified time or date, this provision says that if the borrower later takes that action, even if after the deadline, the default is deemed to be cured.

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.

Specific performance is an equitable remedy in Texas where a party (almost always the buyer) asks a court to force the seller to transfer the property ing to the terms of an earnest money contract.

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.

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Search Defaults and Remedies contract clauses from contracts filed with the Securities and Exchange Commission. Any partial exercise of any rights and/or remedies granted to Lender shall furthermore not be construed as a waiver of any other rights and remedies, it being ...This page contains Remedies clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses. Nov 8, 2021 — It is prudent for a buyer to limit default remedies to a fixed sum such as the amount of earnest money being held by the title company. In ... Section 5.065 - Right to Cure Default. Notwithstanding an agreement to the contrary, a purchaser in default under an executory contract for the conveyance ... Mar 4, 2022 — When a default judgment is signed, the clerk must immediately mail written notice of the judgment to the defendant at the address provided by ... Mar 22, 2021 — For example, an owner's termination letter merely stating: “pursuant to Section 14.2 of the contract…we hereby give notice of termination of ... May 1, 2020 — The proper objective of rules of civil procedure is to obtain a just, fair, equitable and impartial adjudication of the rights of litigants ... 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- ... If the Owner considers the Contractor to be in default of the contract for one of the reasons listed as an event of default, the cure provision would provide ...

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Texas Default Remedy Clause