This office lease clause is a standard condition of limitation language dealing with issues of tenant defaults in fulfilling any of the covenants of the lease.
Utah Condition of Limitation Clause
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Multi-State
Control #:
US-OL14014
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How to fill out Condition Of Limitation Clause?
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FAQ
Generally, Utah courts enforce limitations of liability, provided such limitations are not unconscionable and meet ordinary rules governing the validity of contractual terms. See Morris v.
Statutes of limitation apply in both civil and criminal cases. The statute of limitations for some cases is as short as six months, while some serious criminal offenses have no limit and can be filed at any time, even decades after the crime occurred. Most statutes of limitation range from one to eight years.
Utah's Supreme Court has held that both pre- and post-injury liability waivers signed by parents on behalf of their minor children are against public policy and therefore unenforceable. Hawkins ex rel. Hawkins v.
Examples of exclusions from limitations of liability include losses resulting from a breach of confidentiality, refusal to provide services, death, bodily injury, damage to tangible property, violation of applicable law, gross negligence or willful misconduct.
The Tax Commission may only begin an audit of a Utah individual income tax return within three years of the later of the due date or the date filed, unless a substantial error is identified or fraud is involved.
Capital felony: No time limit. Aggravated murder: No time limit. Murder: No time limit. Manslaughter: No time limit.
The short of it is that limitations of liability are generally upheld and enforceable by the courts.
Courts should always uphold limitation-of-liability clauses, whether or not the two parties to the contract had equal bargaining power. One of the reasons that imitation-of-liability clauses are included in contracts is to allow sellers to predict the extent of their liabilities should something go wrong.
