This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.
New York Force Mature, also known as "an Act of God" or "an unforeseeable event," is a legal concept used in contracts to address circumstances beyond the control of the involved parties that may prevent the fulfillment of their obligations. In essence, it is a provision that mitigates liability when unforeseeable events occur, making the performance of a contract impossible or impracticable. Under New York law, two specific types of Force Mature clauses are frequently recognized: Narrow and Broad Force Mature clauses. 1. Narrow Force Mature clauses: Narrow Force Mature clauses cover specific events that the contracting parties have explicitly listed in the contract. This may include natural disasters like earthquakes, hurricanes, floods, or acts of terrorism, war, or government actions that directly impact the contract's performance. Therefore, it is critical to clearly outline the specific events considered as Force Mature in the contract. 2. Broad Force Mature clauses: Broad Force Mature clauses, on the other hand, do not provide an exhaustive list of events but rather include a broader range of unforeseeable events beyond the control of the parties. These events may include pandemics, epidemics, riots, labor disputes, strikes, shortages of labor or materials, and similar occurrences that significantly hinder contract fulfillment due to their severity and uncontrollable nature. In both types of Force Mature, certain conditions must be met for the clause to become enforceable. These typically include demonstrating that the event was unforeseeable, beyond the control of the parties, and has directly caused the inability to perform the contract. It is essential to review the specific language of the Force Mature clause when assessing its applicability in a given situation. Importantly, New York Law has established that Force Mature clauses are strictly interpreted; therefore, the burden of proof lies with the party seeking to invoke the clause. Parties should also be aware that Force Mature does not automatically excuse performance; instead, it serves as a defense against breach of contract claims and allows for temporary suspension or termination of the contract until the unforeseen event subsides or can be reasonably overcome. In conclusion, New York Force Mature provisions offer contractual protection in scenarios where external and uncontrollable events hamper the performance of obligations. By precisely defining the scope of Force Mature events within the contract, parties can mitigate the risks associated with unforeseen circumstances and provide a legal framework for addressing such occurrences.
