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.
Washington Fairer Force Majeure Clause
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Multi-State
Control #:
US-OL1102A2B
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How to fill out Fairer Force Majeure Clause?
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FAQ
An act of God refers to a severe, unanticipated natural event for which no human is responsible. Despite its facial religious connections, the usefulness of the term means ?act of God? is frequently used in otherwise secular statutory and case law.
Force Majeure In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil ...
Force majeure clauses allow for the termination of the contract or postponement of a party's obligations or covenants where events occur that: (a) were outside the control of the parties, and (b) makes complying with the contract impossible.
Under Washington law an ?act of God? is a defense to any breach of contract claim unless the contract allocates the risk for such events to a party or specifies the effect of such an event.
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
Contractual language referring to acts of God are known as force majeure clauses, which are often used by insurance companies. These clauses typically limit or remove liability for injuries, damages, and losses caused by acts of God.
What is an Act of God? An Act of God is generally considered to be any event that's outside of human control and is unpredictable and unpreventable. Natural disasters such as hurricanes, volcanoes, earthquakes, floods and storms are typical examples of such events.
Acts of God provisions, also called ?Force Majeure? clauses, relate to events outside human control, like flash floods, earthquakes, or other natural disasters. Generally, these provisions eliminate or limit liability for injuries or other losses resulting from such events.
