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.
A fairer force majeure clause in Nebraska refers to a contractual provision that aims to provide a balanced and equitable solution in situations where unforeseen events or circumstances beyond the control of the contracting parties occur, rendering them unable to fulfill their contractual obligations. This clause acts as a safeguard to protect parties from liability or breach of contract when faced with extraordinary events that make performance impossible or impracticable. The Nebraska fairer force majeure clause recognizes that unexpected events such as natural disasters, acts of God, government actions, war, terrorism, epidemics, and other force majeure events might occur, making it impossible or commercially impracticable for the parties to fulfill their contractual obligations. By including this clause in a contract, parties agree that both sides are excused from performance or liability in the event of such occurrences. The fairer force majeure clause serves as a mechanism to allocate the risk between the contracting parties fairly. It prevents one party from unfairly bearing the burden of unanticipated events that were beyond their control, while also safeguarding the interests of the other party. Rather than placing the entire burden on one party to perform despite the occurrence of unforeseen events, this clause seeks to achieve a fairer allocation of risk and responsibility. There may be different types of Nebraska fairer force majeure clauses, depending on the specific needs and circumstances of the parties involved. Some variations may include: 1. Broad Force Mature Clause: This type of clause covers a wide range of unforeseen events or circumstances beyond the control of the parties, ensuring a fair allocation of risk in various scenarios. 2. Specific Force Mature Clause: This clause explicitly lists specific events or circumstances that will be considered force majeure events, thereby narrowing down the scope of applicability within the contract. 3. Commercial Impracticability Clause: Some contracts may include a clause stating that performance will be excused if it becomes commercially impracticable due to unforeseen events. This clause allows parties to be relieved from performance obligations if the event makes performance excessively burdensome. 4. Temporary Suspension Clause: In certain cases, a force majeure clause may include provisions that allow for the temporary suspension or delay of performance until the event causing force majeure is resolved or eliminated. In summary, a fairer force majeure clause in Nebraska is a contractual provision that ensures a balanced and equitable allocation of risk when unforeseen events prevent parties from fulfilling their contractual obligations. It aims to protect parties from liability or breach when faced with extraordinary circumstances beyond their control. Different variations of force majeure clauses exist based on specific needs and circumstances, including broad or specific clauses, commercial impracticability clauses, and temporary suspension clauses.
