Delaware Standard Force Majeure Clause

State:
Multi-State
Control #:
US-OL1102A2A
Format:
Word; 
PDF
Instant download

Description

This office lease form states the tenants obligations to pay rent and perform all the covenants and agreements of the lease even when the landlord is unable to perform obligations under the lease as a result of any natural causalities.

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FAQ

An EJC has been held by courts on several occasions, as valid and binding in the eyes of law per se. However, the scope and legal implication of such a clause is not defined under any law, thereby leaving room for inconsistency in its interpretation and application.

Each party consents to the exclusive jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court and/or the right to bring an action or proceeding in any other court.

Superior Court has statewide original jurisdiction over criminal and civil cases, except equity cases, over which the Court of Chancery has exclusive jurisdiction, and domestic relations matters, which jurisdiction is vested with the Family Court.

An exclusive jurisdiction clause specifies that only the courts of a particular jurisdiction, such as those of England and Wales, should deal with any disputes arising out of a contract.

Exclusive Jurisdiction, which means that only a particular court can decide a case. For example, bankruptcy court is a court with exclusive subject matter jurisdiction.

Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.

Force majeure clauses allow for the termination of the contract or postponement of a party's obligations or covenants where events occur that: (a) were outside the control of the parties, and (b) makes complying with the contract impossible.

A force majeure clause is a contractual provision that relieves one or both of the parties of their performance obligations if circumstances beyond their control arise. Most often in residential real estate transactions, this clause is invoked to delay ? not cancel ? the closing process.

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Delaware Standard Force Majeure Clause