This office lease form states that this lease and the obligations of the parties to perform their obligations under this lease shall be suspended and excused in the event that party is prevented or delayed in performing its obligations due to a natural calamity. Nothing under this provision shall require the tenant to waive its rights to cancel this lease under constructive or actual constructive eviction or by law.
Louisiana Fairer Force Majeure Clause
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US-OL1102A2B
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How to fill out Fairer Force Majeure Clause?
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FAQ
performing party may use a force majeure clause as excuse for nonperformance for circumstances beyond the party's control and not due to any fault or negligence by the nonperforming party. However, mere impracticality or unanticipated difficulty is not enough to excuse performance.
The doctrine of frustration states that frustration occurs when an unforeseen event renders performance of a contract impossible or radically different from that originally contemplated by the parties. No party is considered at fault. If a contract is found to be frustrated, it is automatically terminated.
Force Majeure In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil ...
If a contract is silent on force majeure or if the event does not meet the definition of force majeure under the parties' contract, a party's performance may still be excused in certain circumstances under the doctrine of commercial impracticability.
Force majeure applies to cases where performance has become (temporarily) impossible due to an event beyond one party's control although all reasonable precautionary measures had been taken. Hardship deals with cases where the agreed performance is basically still possible.
The concept of force majeure is derived from civil law and is not fully recognised under English common law, therefore it should always be fully defined.
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 is defined as a fortuitous event that can neither be anticipated nor controlled. The Louisiana Civil Code defines a fortuitous event as one that, at the time the contract was made, could not have been reasonably foreseen.
