This office lease form states that if performance by either party of any service or obligation under this agreement is prevented or delayed due to certain severe, circumstances, that party shall be excused from the performance to the extent of the prevention, restriction, delay or interference and the other party shall be responsible for performing all of its obligations.
Arkansas Force Mature and Restricted Performance Explained In Arkansas, Force Mature and Restricted Performance are legal concepts that primarily address situations where contractual obligations become impossible or impracticable due to unforeseen events or circumstances beyond the parties' control. These clauses are often included in contracts to allocate risks and protect the parties from being held liable for non-performance in such circumstances. Force Mature refers to an event or circumstance that is unforeseeable, unavoidable, and beyond the reasonable control of the affected party, which makes it impossible or impracticable for the party to fulfill its contractual obligations. In Arkansas, the inclusion of a force majeure clause in a contract can provide protection when an event such as a natural disaster, war, strikes, or government actions affect the parties' ability to perform their contractual duties. The force majeure clause typically outlines the specific events or circumstances that constitute force majeure, clarifies the obligations of the parties during the force majeure event, and provides the procedure for declaring force majeure and its effects on the contract. However, it is important to note that force majeure must be explicitly addressed in the contract to be valid. In Arkansas, if a force majeure event occurs, the affected party is generally temporarily excused from its contractual obligations until the force majeure event is resolved. The party invoking force majeure is expected to take reasonable measures to mitigate the impact of the event and resume performance as soon as possible. Restricted Performance, on the other hand, refers to a situation where performance becomes partially restraining or impossible due to external conditions beyond the parties' control, but not necessarily meeting the high threshold required for force majeure. In Arkansas, restricted performance involves a partial inability to perform contractual duties due to specific external circumstances while still maintaining some capacity to perform other obligations. While restricted performance may not fully excuse a party's non-performance, it allows for a proportionate reduction in obligations to reflect the impact of the external circumstances. This concept helps maintain a level of fairness and balance between the parties during unforeseen events that hinder contractual performance without meeting the force majeure criteria. It is important to note that the specific types or subcategories of force majeure or restricted performance recognized in Arkansas may vary depending on the language and terms included in individual contracts. Therefore, it is crucial to carefully review the contractual provisions to understand the scope and applicability of force majeure and restricted performance terms. In conclusion, Arkansas Force Mature and Restricted Performance clauses provide legal protection when unforeseen events or circumstances make it impossible or impracticable for parties to fulfill their contractual obligations. By explicitly addressing these concepts in contracts, parties can allocate risks and establish guidelines for how to handle such situations fairly.
