Wake North Carolina Default Remedy Clause

State:
Multi-State
County:
Wake
Control #:
US-OL14031
Format:
Word; 
PDF
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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.


A Wake North Carolina Default Remedy Clause refers to a legal provision that outlines the remedies available to the non-breaching party in the event of a default by the other party in a contractual agreement within Wake County, North Carolina. In this case, the clause offers a set of predefined actions that can be taken when one party fails to fulfill their obligations as specified in the contract. Various types of Wake North Carolina Default Remedy Clauses exist, each with its own specific set of remedies that can be pursued. Some common types include: 1. Monetary Damages: This type of clause allows the non-breaching party to seek financial compensation for the losses incurred due to the other party's default. The clause may specify a predetermined amount or provide a method for calculating damages based on the specific circumstances of the breach. 2. Specific Performance: A clause that includes specific performance as a default remedy enables the non-breaching party to request a court order compelling the breaching party to fulfill their contractual obligations. This is typically applicable when the subject of the contract is unique or when monetary compensation does not adequately remedy the breach. 3. Termination or Cancellation: If a contract includes a termination or cancellation clause as a default remedy, the non-breaching party has the right to end the agreement due to the other party's default. This allows the non-breaching party to walk away from the contract without any further obligations or consequences. 4. Right to Cure: A Wake North Carolina Default Remedy Clause may also provide an opportunity for the breaching party to cure their default within a specified time frame. If the breaching party rectifies the default within the stated period, the non-breaching party's rights to pursue other remedies may be waived. It is important to note that the specific contents and language of a Wake North Carolina Default Remedy Clause may vary depending on the nature of the contract and the parties involved. Therefore, it is crucial to carefully review and understand the clause's wording and implications when entering into a contractual agreement in Wake County, North Carolina.

A Wake North Carolina Default Remedy Clause refers to a legal provision that outlines the remedies available to the non-breaching party in the event of a default by the other party in a contractual agreement within Wake County, North Carolina. In this case, the clause offers a set of predefined actions that can be taken when one party fails to fulfill their obligations as specified in the contract. Various types of Wake North Carolina Default Remedy Clauses exist, each with its own specific set of remedies that can be pursued. Some common types include: 1. Monetary Damages: This type of clause allows the non-breaching party to seek financial compensation for the losses incurred due to the other party's default. The clause may specify a predetermined amount or provide a method for calculating damages based on the specific circumstances of the breach. 2. Specific Performance: A clause that includes specific performance as a default remedy enables the non-breaching party to request a court order compelling the breaching party to fulfill their contractual obligations. This is typically applicable when the subject of the contract is unique or when monetary compensation does not adequately remedy the breach. 3. Termination or Cancellation: If a contract includes a termination or cancellation clause as a default remedy, the non-breaching party has the right to end the agreement due to the other party's default. This allows the non-breaching party to walk away from the contract without any further obligations or consequences. 4. Right to Cure: A Wake North Carolina Default Remedy Clause may also provide an opportunity for the breaching party to cure their default within a specified time frame. If the breaching party rectifies the default within the stated period, the non-breaching party's rights to pursue other remedies may be waived. It is important to note that the specific contents and language of a Wake North Carolina Default Remedy Clause may vary depending on the nature of the contract and the parties involved. Therefore, it is crucial to carefully review and understand the clause's wording and implications when entering into a contractual agreement in Wake County, North Carolina.

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FAQ

A remedies clause sets forth the parties' intention to provide for equitable remedies for breach of contract, in addition to or instead of just monetary relief. A remedies clause can also be used to limit the relief the parties can obtain upon breach of the contract.

A time frame of 30 to 90 days during which a company that has gone into technical DEFAULT on a contractual payment is permitted to submit payment without further prejudice, and without being considered to have defaulted. Also known as GRACE PERIOD.

A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit.

Definition for : Cure period Period of time given to a party having defaulted on a given obligation to try to remedy it (E.g. by paying the Interest owed under a loan). Failure to cure within the cure period (also called "Grace period") will result in an acceleration of the loan.

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.

Once the Cure Period Notice is delivered, the non-complying party has three days to remedy their potential breach. In this case, it means that the buyer shall be entitled to a return of the earnest money if, prior to expiration of the cure period, the buyer delivers notice of inability to obtain loan approval.

Examples of legal remedies (or damages) include compensatory, consequential, and punitive. Examples of equitable remedies include injunctions, constructive trust, subrogation, and equitable lien.

A default is a failure to comply with a provision in the lease. Curing or remedying the default means correcting the failure or omission. A common example is a failure to pay the rent on time.

An event of default is a pre-specified condition or threshold that, if met, allows the lender or creditor to demand immediate and full repayment of a debt or obligation. An event of default may include delinquent or non-payment of principal or interest due, a breach of a bond covenant, or insolvency, among others.

Default Remedies means all rights and remedies of any Secured Party in respect of any Common Collateral, whether arising pursuant to the DIP Credit Agreements, the Collateral Documents, the Orders or applicable law, the exercise of which is contingent upon the occurrence and continuation of an Event of Default (as

More info

The single most important default provision for a contractor is "notice and an opportunity to cure. "Contractor Default" shall have the meaning set forth in Clause 23.1;.Wake Forest Law offers a variety of courses in many areas of legal theory and practice. United States. Congress. Senate.

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Wake North Carolina Default Remedy Clause