What’s wrong with it? I understood it just fine.

It seems to me this is a statement made by the Defendant’s attorney. The Plaintiff is trying to enforce contractual demands for money due from the Defendant for the use of some spaced owned by the Plaintiff. The Defendant’s use of the space does not appear to be generating enough income to make the lease payments. The Plaintiff, instead of trying to take action to create income from the location (i.e. by entering and re-letting the location) is simply leaving it up to the Defendant to find some way to fulfill the lease obligation. The Defendant contends that Plaintiff’s failure to act in his (the Plaintiff) own best interest constitutes assumption of the risk he will not get paid and therefore is not entitled to collect anything from the Defendant.

If this is the correct context, perhaps it could be stated more clearly as follows:

Plaintiff has assumed the risk that Defendant’s use of the premises will not generate sufficient income to meet the obligations of the lease by Plaintiff’s present and continued refusal to enter and re-let the premises.

The Plaintiff’s present and continued refusal to enter and re-let the premises thereby constitutes an assumption on the part of the Plaintiff – that with no income generated from the Defendant’s use of the premises, the potential for default will increase; the Plaintiff seeks to raise the Defendant’s risk while (he/she/they) (is/are) trying to meet the obligations of the lease.

Plaintiff’s present and continued refusal to enter and re-let the premises is PLAINTIFF’S ASSUMPTION of the risk that no income will be generated by Defendant’s use of the premises THAT IS / WHICH IS sufficient to meet the obligations of the lease.

The plaintiff does not find the defendant capable of payment. The plaintiff there by continues to refuse leasing the property to the defendant.

The property owner thinks the renter’s business will fold, defaulting on the lease.

This is excellent legal-ese in my opinion, and I used to edit the Federal Code of the United States.

i guess everthings f9…

tc