San Jose California Clause Dealing with Limitations on Use

State:
Multi-State
City:
San Jose
Control #:
US-OL8015
Format:
Word; 
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Description

This office lease form is a clause found in old buildings in the Wall Street area of Manhattan dealing with limitations on use stating that the tenant shall use and occupy the premises for the permitted uses, and for no other purpose.

San Jose, California is a bustling city located in the heart of Silicon Valley. Known for its technological advancements and strong economy, San Jose is home to numerous industries, including software development, biotechnology, and clean energy. As a result, it has become a hub for innovation and entrepreneurship. One crucial element to understand about San Jose is its Clause Dealing with Limitations on Use. This clause refers to the various restrictions and regulations that govern how properties and land can be utilized within the city. Different types of clauses dealing with limitations on use in San Jose, California can include: 1. Zoning Regulations: San Jose has specific zoning regulations that categorize different areas for residential, commercial, industrial, and mixed-use purposes. These designations dictate the types of activities and structures that are allowed within each zone. 2. Building Codes: San Jose enforces building codes that set standards for construction, renovation, and occupancy of structures within city limits. These codes ensure safety, accessibility, and compliance with energy efficiency requirements. 3. Environmental Restrictions: San Jose places a high priority on environmental sustainability. The city has implemented various measures to protect natural resources, manage waste, and promote eco-friendly practices. Some limitations on use may include restrictions on land development near water bodies, protected habitats, or environmentally sensitive areas. 4. Historic Preservation: San Jose has a rich history, and certain buildings and neighborhoods hold significant cultural and architectural value. To preserve these historical assets, the city has specific rules and regulations pertaining to the modification, demolition, or construction of properties within designated historic districts. 5. Use Permits: In some cases, certain businesses or activities may require a use permit from the city. These permits ensure that the proposed use is compatible with the surrounding area, that any potential impacts are properly mitigated, and that the development aligns with the city's overall vision and goals. It is essential for property owners, developers, and entrepreneurs to familiarize themselves with San Jose's clauses dealing with limitations on used to ensure compliance with local laws and regulations. Violations can result in fines, penalties, or even legal action. Working with professionals such as architects, lawyers, and city planners can help navigate the complexities of these clauses and secure the necessary permits for any project in San Jose, California.

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FAQ

Commercial contract limitation of liability clauses are enforceable almost as a matter of law as the parties are presumed to be sophisticated and represented by counsel. If a limitation of liability clause is contained in a consumer contract, make sure: The clause is easy to find (conspicuous);

A limitation of liability clause is a provision in a contract that limits the amount of exposure a company faces in the event a lawsuit is filed or another claim is made. If found to be enforceable, a limitation of liability clause can "cap" the amount of potential damages to which a company is exposed.

By Practical Law Construction. An overall limit of liability for use in a collateral warranty, professional appointment, building contract or engineering contract. A party may refer to this clause as a "cap on liability" or a "financial cap".

A limitation of liability clause is a provision in a contract that limits the amount of exposure a company faces in the event a lawsuit is filed or another claim is made. If found to be enforceable, a limitation of liability clause can "cap" the amount of potential damages to which a company is exposed.

Force majeure is a provision in a contract that frees both parties from obligation if an extraordinary event directly prevents one or both parties from performing.

Parties cannot "contract out" of the application of the ACL That is, parties to a contract could not exclude the TPA from applying, or prohibit a claim from being made under the TPA. This has often been understood also to mean that the provisions of the TPA must be given full effect.

Common examples of force majeure events include acts of war, terrorist attacks, epidemics, pandemics like COVID-19, death, labor strikes, riots, crime or property theft, acts of God, natural disasters (like blizzards, earthquakes, or hurricanes), or acts of terrorism.

The proportionate liability legislation in New South Wales, Tasmania and Western Australia expressly permit parties to contract out of the proportionate liability regime.

V. Prelco inc., delivered on October 15, 2021, the Supreme Court of Canada unanimously confirmed that a limitation of liability clause in a contract by mutual agreement is valid against a breach of a fundamental obligation.

Limitation of liability clauses limit the amount one party has to pay the other party if they suffer loss because of a contract between them. To be enforceable, limitation of liability clauses need to be reasonable and carefully drafted, so make sure you pay great attention to them whenever you enter into a contract.

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San Jose California Clause Dealing with Limitations on Use