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LSDefine

Simple English definitions for legal terms

continuing covenant

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A quick definition of continuing covenant:

A covenant is a formal agreement or promise between two parties. It can be a promise to do something or to refrain from doing something. There are different types of covenants, such as affirmative covenants that require a party to do something, negative covenants that require a party to refrain from doing something, and continuing covenants that require successive performance of acts. Covenants can be created by words of the parties or can be inferred from the whole agreement and the conduct of the parties. Some covenants run with the land, meaning they bind successor grantees indefinitely, while others are personal covenants that create a personal right or obligation enforceable only between the covenanting parties.

A more thorough explanation:

A continuing covenant is an agreement between two parties that requires successive performance of acts. For example, an agreement to pay rent in installments is a continuing covenant. This type of covenant requires ongoing action from both parties.

Another example of a continuing covenant is a promise not to compete in the same market as the buyer, partner, or employer for a stated time. This covenant requires ongoing compliance from the party who made the promise.

Continuing covenants are different from absolute covenants, which are not qualified or limited by any condition, and conditional covenants, which are qualified by a condition.

continuing contract | continuing guaranty

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