Arkansas Clause Dealing with Fire Damage

State:
Multi-State
Control #:
US-OL11024A
Format:
Word; 
PDF
Instant download

Description

This office lease clause deals with the mandatory obligation of the landlord to rebuild; time periods for reconstruction; continuation of abatement periods; the appropriate "what ifs" in the event portions of the premises cannot be restored and are deemed to be indispensable; and circumstances when the landlord or tenant can elect to terminate the lease.

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FAQ

Arkansas courts will uphold liquidated damages provisions where it appears that: (1) the parties contemplated that damages would flow from a failure to perform the contract; (2) such damages would be indeterminate or difficult to ascertain; and (3) the sum bears some reasonable proportion to the damages the parties ...

309.5Fire extinguishers. Battery-charging areas shall be provided with a fire extinguisher complying with Section 906 having a minimum 4-A:20-B:C rating within 20 feet (6096 mm) of the battery charger.

For example, a contract may provide that if a builder fails to complete the building by a certain date, the penalty under contract will be $10,000. Liquidated damages may also be a rate, instead of a fixed figure. Usually, this period is the 'date for practical completion'.

Liquidated damages are an exact amount of money, or a set formula to calculate the amount of money, a party will owe if it breaches a contract, in order to compensate the injured party for its losses.

(A) Burns any brush, stumps, logs, rubbish, fallen timber, grass, stubble, or debris of any sort, whether on the person's own land or another person's land, without taking necessary precaution both before lighting the fire and at any time after lighting the fire to prevent the escape of the fire.

(1) Recklessly destroys or damages any property of another person; or. (2) Purposely tampers with any property of another person and by the tampering causes substantial inconvenience to the owner or another person.

A liquidated damages clause specifies a predetermined amount of money that must be paid as damages for failure to perform under a contract. The amount of the liquidated damages is supposed to be the parties' best estimate at the time they sign the contract of the damages that would be caused by a breach.

Liquidated damages are not designed to punish contractors, and thus cannot be an amount that could be considered excessive or punitive. For example, $20-$25 per day for each $100,000 of the contract price would be considered a reasonable amount.

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Arkansas Clause Dealing with Fire Damage