This office lease form describes the provision used when under certain circumstances, the landlord is unable to give possession of the demised premises on the date of the commencement of the term.
Wake North Carolina Standard Provision Used When Delivery of the Premises Is Delayed: In Wake County, North Carolina, the standard provision used when the delivery of the premises is delayed is designed to protect the rights and interests of both the landlord and the tenant. This provision outlines the responsibilities and potential remedies in the event that the landlord is unable to deliver the premises to the tenant within the agreed-upon timeframe. The specific language and clauses used in this provision may vary, but typically, it includes the following key elements: 1. Notice Requirement: The provision will specify that the tenant must provide written notice to the landlord, notifying them of the delay in delivery of the premises. This notice should include the anticipated length of the delay, if known. 2. Reason for Delay: The landlord is usually required to provide a valid reason for the delay, such as ongoing construction, repairs, or unforeseen circumstances like natural disasters or permitting delays. This ensures that the landlord cannot delay the delivery without just cause. 3. Extension of Lease Term: If the delay exceeds a certain period, the provision may allow for an extension of the lease term. The length of the extension will be specified under this provision. 4. Rent Adjustment: In some cases, the provision may permit the tenant to negotiate a rent adjustment if the delay is substantial. This adjustment could be in the form of reduced rent for the delayed period or other mutually agreed-upon arrangements. 5. Termination Rights: If the delay is significant and the tenant no longer wishes to proceed with the lease, the provision may grant the tenant the right to terminate the lease agreement without penalty. However, specific conditions for termination will be outlined, including the timeframe within which the tenant must exercise this right. Different Types of Wake North Carolina Standard Provisions Used When Delivery of the Premises Is Delayed: 1. Fixed Timeframe Provision: This type of provision specifies a fixed delivery date for the premises. If the landlord fails to deliver the premises within this set timeframe, the tenant may be entitled to the remedies outlined in the provision. 2. Reasonable Efforts Provision: Alternatively, some provisions may include a "reasonable efforts" clause. Here, the landlord is required to make reasonable efforts to deliver the premises within a certain period. The provision will define what constitutes reasonable efforts and the consequences if the landlord fails to fulfill this obligation. 3. Force Mature Provision: A force majeure provision may be included in the standard provision to address delays caused by unforeseen events beyond the landlord's control, such as acts of nature, strikes, or government actions. This provision will exempt the landlord from liability for delays resulting from force majeure events. It is important for both landlords and tenants in Wake County, North Carolina, to carefully review and understand the applicable standard provision used when delivery of the premises is delayed. This provision serves as a crucial element in lease agreements, ensuring that the rights and obligations of both parties are properly addressed and protected in the event of a delay.Wake North Carolina Standard Provision Used When Delivery of the Premises Is Delayed: In Wake County, North Carolina, the standard provision used when the delivery of the premises is delayed is designed to protect the rights and interests of both the landlord and the tenant. This provision outlines the responsibilities and potential remedies in the event that the landlord is unable to deliver the premises to the tenant within the agreed-upon timeframe. The specific language and clauses used in this provision may vary, but typically, it includes the following key elements: 1. Notice Requirement: The provision will specify that the tenant must provide written notice to the landlord, notifying them of the delay in delivery of the premises. This notice should include the anticipated length of the delay, if known. 2. Reason for Delay: The landlord is usually required to provide a valid reason for the delay, such as ongoing construction, repairs, or unforeseen circumstances like natural disasters or permitting delays. This ensures that the landlord cannot delay the delivery without just cause. 3. Extension of Lease Term: If the delay exceeds a certain period, the provision may allow for an extension of the lease term. The length of the extension will be specified under this provision. 4. Rent Adjustment: In some cases, the provision may permit the tenant to negotiate a rent adjustment if the delay is substantial. This adjustment could be in the form of reduced rent for the delayed period or other mutually agreed-upon arrangements. 5. Termination Rights: If the delay is significant and the tenant no longer wishes to proceed with the lease, the provision may grant the tenant the right to terminate the lease agreement without penalty. However, specific conditions for termination will be outlined, including the timeframe within which the tenant must exercise this right. Different Types of Wake North Carolina Standard Provisions Used When Delivery of the Premises Is Delayed: 1. Fixed Timeframe Provision: This type of provision specifies a fixed delivery date for the premises. If the landlord fails to deliver the premises within this set timeframe, the tenant may be entitled to the remedies outlined in the provision. 2. Reasonable Efforts Provision: Alternatively, some provisions may include a "reasonable efforts" clause. Here, the landlord is required to make reasonable efforts to deliver the premises within a certain period. The provision will define what constitutes reasonable efforts and the consequences if the landlord fails to fulfill this obligation. 3. Force Mature Provision: A force majeure provision may be included in the standard provision to address delays caused by unforeseen events beyond the landlord's control, such as acts of nature, strikes, or government actions. This provision will exempt the landlord from liability for delays resulting from force majeure events. It is important for both landlords and tenants in Wake County, North Carolina, to carefully review and understand the applicable standard provision used when delivery of the premises is delayed. This provision serves as a crucial element in lease agreements, ensuring that the rights and obligations of both parties are properly addressed and protected in the event of a delay.
