Failure to Deliver Premise Clause

• Category: Leases - Contracts
• State: Multi-State
• Control #: US-CL-570-1
• Format: Word; Rich Text

Description

Example of clause regarding Landlord's Failure to Deliver Possession of property to Tenant. A “failure to deliver possession” clause often stipulates that if the landlord is not able to deliver possession of the premises on the start date of the lease, the tenant does not have to pay until the possession is delivered. This means the tenant can hold off on paying rent until he or she can move in. Failure to Deliver Premise Clause is a contractual provision that defines what happens if one party fails to supply goods or services in accordance with the terms of a contract. It sets out the rights and obligations of each party in the event of such a failure. This clause is usually found in sales contracts, but can also be found in leases, commercial contracts, and other types of agreements. The clause typically contains language which specifies the remedies available to the non-breaching party, such as the right to demand performance of the contract, terminate the contract, and/or seek damages. It may also include language which requires the breaching party to pay additional costs incurred as a result of the breach, such as the cost of transportation for the goods or services. There are two types of Failure to Deliver Premise Clause: the “absolute” clause and the “qualified” clause. The absolute clause states that if one party fails to perform the contract, the other party is entitled to all remedies available under the law, including the right to terminate the contract and seek damages. The qualified clause imposes conditions on the remedies available, such as requiring the non-breaching party to give the breaching party a reasonable period of time to deliver the goods or services before seeking other remedies.

Failure to Deliver Premise Clause is a contractual provision that defines what happens if one party fails to supply goods or services in accordance with the terms of a contract. It sets out the rights and obligations of each party in the event of such a failure. This clause is usually found in sales contracts, but can also be found in leases, commercial contracts, and other types of agreements. The clause typically contains language which specifies the remedies available to the non-breaching party, such as the right to demand performance of the contract, terminate the contract, and/or seek damages. It may also include language which requires the breaching party to pay additional costs incurred as a result of the breach, such as the cost of transportation for the goods or services. There are two types of Failure to Deliver Premise Clause: the “absolute” clause and the “qualified” clause. The absolute clause states that if one party fails to perform the contract, the other party is entitled to all remedies available under the law, including the right to terminate the contract and seek damages. The qualified clause imposes conditions on the remedies available, such as requiring the non-breaching party to give the breaching party a reasonable period of time to deliver the goods or services before seeking other remedies.