Bexar Texas Onerous Approach to Default Remedy Clause

Name: Bexar Texas Onerous Approach to Default Remedy Clause
Brand: US Legal Forms
Rating: 4.59 (230 reviews)

Category:

Landlord Tenant - Commercial Leases

State:

Multi-State

County:

Bexar

Control #:

US-OL14032

Format:

Instant download

Description

This office lease clause is an onerous approach to a default remedies clause. This clause is similar to those found in many New York City landlord office lease forms.

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How to fill out Bexar Texas Onerous Approach To Default Remedy Clause?

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FAQ

Exclusion clauses in standard terms Particularly onerous or unusual" clauses in standard conditions will not be treated as forming part of a contract unless they are brought to the other party's attention. The more outlandish the term, the greater notice is required.

In many agreements, you may find a clause labeled limitation of remedy. This clause is largely similar to a limitation of liability clause in that it controls how much responsibility a company has under a contract. Often, however, the limitation of remedy clauses limits the types of remedies you can pursue.

Understand that there are various rules that limit recovery for the nonbreaching party in a contract case. Know how these concepts serve to limit contract remedies: foreseeability, mitigation of damages, certainty of damages, loss of power of avoidance, election of remedies, and agreement of the parties.

Generally, any term of a contract, including an exclusion clause, waiver or disclaimer, will be effective it the party relying on the contract can establish that the person has agreed to the terms of the contract.

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

There are three types of equitable remedies: specific performance, injunction, and restitution. Specific Performance. Specific performance is a judicial order to the promisor that he undertake the performance to which he obligated himself in a contract.Injunction.Restitution.

Constraints on Exclusion/ Limitation of Liability Many jurisdictions have express provisions at law limiting the extent to which a party to a contract can limit its liability for death, injury and damage to property. These provisions are seen as protecting the general public, in particular.

A remedy is a court-ordered resolution or compensation to one party's breach of contract in contract law. The goal of remedies is to make the non-breaching party, also known as the injured party, whole by placing them in the position they would have otherwise been in had the contract been performed as agreed.

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

The Default and Remedies clause defines what constitutes a default breach of the lease by both Tenant and Landlord, and lays out the remedies both parties can take to resolve the other's breach. The clause defines the: 1. Rights of Landlord.

Sole and Exclusive Remedy means that a Party shall not be able to claim any other type of remedy whatsoever, notwithstanding any breach of representation or warranty, either expressed or implied, or the negligence (of any degree) or fault of the other Party or any member of the other Party's Group, latent defects and

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Information and self-assessment is itself a serious flaw in the Texas approach to indigent defense. 52.104 Procedures for modifying and completing provisions and clauses.Constitution … authorizes the President to enact, to amend, or to repeal statutes.").

Bexar Texas Onerous Approach to Default Remedy Clause

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