This office lease form states that if performance by either party of any service or obligation under this agreement is prevented or delayed due to certain severe, circumstances, that party shall be excused from the performance to the extent of the prevention, restriction, delay or interference and the other party shall be responsible for performing all of its obligations.
Rhode Island, like many other jurisdictions, recognizes the legal concepts of Force Mature and Restricted Performance. These concepts play a crucial role in contractual agreements, offering parties protection in unforeseen circumstances that may prevent them from fulfilling their contractual obligations. Force Mature refers to an unforeseeable event or circumstance that is beyond the control of the contracting parties and could not have been reasonably anticipated at the time of contract formation. It is often used as a defense to non-performance or delay in performance of contractual obligations when such circumstances arise. Force Mature events typically include natural disasters (hurricanes, earthquakes, floods), government actions (laws, regulations, orders), war, terrorism, labor strikes, and acts of God. Rhode Island applies the principle of Force Mature as an implied term in contracts, providing relief to parties who can demonstrate that the Force Mature event directly caused their non-performance or delay. However, it should be noted that the specific requirements for invoking Force Mature can vary depending on the wording of the contract and the nature of the agreement. When a Force Mature event occurs, the affected party is usually excused from performing its obligations for the duration of the event. However, it is important to carefully review the contract to determine whether there are any notice requirements, mitigation obligations, or alternative performance options during the period of Force Mature. Restricted Performance, on the other hand, refers to a situation where a party's performance of a contract becomes restricted or hindered due to circumstances not covered by Force Mature. These circumstances may include financial difficulties, supply chain disruptions, or technological failures. Unlike Force Mature, which is an external event, Restricted Performance is often related to internal issues and the inability of a party to meet its contractual obligations. While Rhode Island does not provide a statutory definition for Restricted Performance, it is important for parties to consider including relevant provisions in their contracts to address this issue. Provisions addressing mitigation obligations, alternative performance methods, or renegotiation mechanisms can help parties navigate the challenges of Restricted Performance. It is worth mentioning that there are no specific types of Force Mature or Restricted Performance unique to Rhode Island. However, the application and interpretation of these concepts can vary depending on the specifics of each contractual agreement and the particular circumstances at hand. In summary, Rhode Island recognizes the legal concepts of Force Mature and Restricted Performance, offering parties protection and potential relief in cases of unforeseen events or circumstances that hinder contractual performance. Understanding the implications of Force Mature and considering provisions for potential Restricted Performance can help parties navigate contractual obligations in the face of unexpected challenges.
