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.
Fairer Force Majeure Clause
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Multi-State
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US-OL1102A2B
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FAQ
For the purpose of this Agreement, an Event of Force Majeure means any circumstance not within the reasonable control of the Party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of Good Utility Practice, cannot be, or be caused to be
Under most national laws, force majeure events must meet four criteria: (1) the event must be external to the contract and the parties; (2) the event must render the party0393CA–s performance radically different from what the parties originally contemplated; (3) the event must have been unforeseeable; and (4) the
What is Force Majeure?Examples of events that might trigger a force majeure clause into effect include a declaration of war, a disease epidemic, or a hurricane, earthquake, or other natural disaster events that fall under the legal term, act of God.
A force majeure clause (1) specifies the events which enable either party to declare a force majeure/act of God event, (2) how a party should notify its counterparty about the occurrence, and (3) the consequences after a force majeure event has occurred.
Generally, an Act of God includes only natural occurring events, whereas force majeure includes both naturally occurring events and events due to human intervention.For example, a shipping contract would have a force majeure clause that could cover natural disasters like a tsunami.
Force majeure examples There are dozens of circumstances or events that we class as examples of force majeure. War, riots, earthquakes, hurricanes, lightning, and explosions, for example, are force majeure events. The term also includes energy blackouts, unexpected legislation, lockouts, slowdowns, and strikes.
1, The company declared force majeure on its shipping commitments. 2, Damage is caused due to force majeure. 4, Any party to natural disasters and other force majeure causes of delay in performance of duty, incomplete or non-performance should not be treated as breach of contract.
An example of an operative clause is: " . 1 Neither party is responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure. .
